Muslim prisoners awaiting trial for murder have threatened to sue acting Commissioner of Prisons Deodath Ramoutar over his refusal to allow them to obtain Halal meals from outside prison.

Lawyers representing Ayokie Charles and Sherwin Morgan made the threat in a pre-action protocol letter sent to Ramoutar and Attorney General Reginald Armour, SC, on Monday.

In the correspondence, obtained by Guardian Media, their lawyer Keron Ramkhalwhan stated that in September, Charles and Morgan, who have been on remand for murder since 2012 and 2014, respectively, were advised of Ramoutar’s discretion under Prison Rule 298(5) to allow prisoners to have their meals delivered to the prison at their own expense.

“Islamic teachings indicate that prayers and supplications (Dua’a) are integral to coping with adversity, and the denial of a Halal diet undermines the efficacy of these spiritual practices,” Ramkhalwhan said.

Ramkhalwhan claimed that his clients immediately stopped accepting the meals provided by the prison and only consumed snacks they purchased from the prison’s canteen.

The duo then made an official application to Ramoutar to either purchase Halal meals or have their family prepare the meals and deliver them (the meals) to Port-of-Spain State Prison where they are being detained pending trial.

“While not accepting the constitutionality of an absolute denial of a Halal diet, the requests to arrange their own Halal food represents a proportionate and reasonable request,” Ramkhalwhan said.

Ramoutar denied their requests based on “some security concerns” which he said were being addressed. However, he (Ramoutar) admitted that the position would be reconsidered after the concerns were dealt with.

Attached to the letter was correspondence from Darul Uloom’s Halal Committee, which indicated that the T&T Prison Service did not have Halal certification. The committee’s chairman Mufti Wassem Khan also expressed his organisation’s willingness to train and supervise prison personnel involved in food preparation.

Ramkhalwhan claimed that at the time the letter was issued, 241 other prisoners made similar requests as the duo and began to refuse prison meals.

He suggested that the refusal to facilitate the request constituted a breach of the duo’s constitutional rights to freedom of conscience and religious belief and observance.

“By forcing Muslim prisoners on remand to consume non-Halal food, the prison system is directly undermining their religious rights and causing severe psychological harm,” he said.

“While we agree that prisoners do not enjoy the same freedoms and privileges of ordinary citizens, lawful incarceration does not permit the stripping of a person’s religious beliefs nor their abject dehumanisation,” he added.

Ramkhalwhan called on Ramoutar to rescind his decision on the issue before they file a lawsuit over the issue seeking a series of declarations and an order compelling a positive decision.

He did not give a deadline for Ramoutar to decide. Guardian Media understands that he was yet to receive a response up to late yesterday.

Earlier this year, several Muslim prison officers sued over a policy barring them and their colleagues, who share their faith, from having beards.

The officers obtained interim injunctions barring Ramoutar from transferring them from the prison facilities they were assigned pending the outcome of their substantive case over the policy.

The duo is also being represented by Kiel Taklalsingh and Shalini Sankar.