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ISLAM v. THE UNITED KINGDOM

Doc ref: 26651/95 • ECHR ID: 001-2924

Document date: May 13, 1996

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Cited paragraphs: 0
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ISLAM v. THE UNITED KINGDOM

Doc ref: 26651/95 • ECHR ID: 001-2924

Document date: May 13, 1996

Cited paragraphs only

Application No. 26651/95

by Shu'aib ISLAM

against the United Kingdom

The European Commission of Human Rights sitting in private on

13 May 1996, the following members being present:

MM. S. TRECHSEL, President

H. DANELIUS

C.L. ROZAKIS

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

Mrs. G.H. THUNE

Mr. F. MARTINEZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

E. KONSTANTINOV

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 18 August 1994 by

Shu'aib ISLAM against the United Kingdom and registered on 8 March 1995

under file No. 26651/95;

Having regard to:

- the reports provided for in Rule 47 of the Rules of Procedure of

the Commission;

- the applicant's letter dated 8 January 1996 and the letter of the

respondent Government dated 10 January 1996;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a British citizen born in 1953 and currently

resident in HM Prison Full Sutton. The facts as submitted by the

applicant may be summarised as follows.

The applicant was sentenced to life imprisonment.

After he commenced serving his sentence, the applicant converted

to Islam. He changed his name by deed poll on 28 April 1993 to his

present name. He applied to the prison authorities for this change to

take effect in prison. By reply dated 30 June 1993, the prison

authorities stated that while he would be able to send and receive

correspondence in his new name, he would continue to be known for

internal administrative purposes by the name in which he was committed

to prison custody.

The applicant's petition to the House of Commons for his change

of name to be recognised was not accepted on 31 March 1994.

The applicant's previous name was used in prison, for example,

in issuing prison note-paper and when he booked out of his cell area.

COMPLAINTS

The applicant complained that the refusal to use his name for

internal prison purposes violates Article 9 of the Convention. He

considers that his new name reflects his religious convictions and,

inter alia, enables him to pursue his faith and put his old life behind

him.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 18 August 1994 and registered

on 8 March 1995.

On 14 September 1995 the Commission decided to communicate the

application to the respondent Government, pursuant to Rule 48

para. 2 (b) of the Rules of Procedure.

By a letter dated 28 November 1995, the Government indicated that

they considered it might be possible to reach an early settlement and

on that basis requested an extension of the time-limit fixed for the

submission of their observations. By letter dated 6 December 1995, the

Commission informed the Government and the applicant of its decision

to extend the time-limit pending discussions between the applicant and

the Government.

By letter dated 8 January 1996, the applicant informed the

Commission that the Government and relevant prison authorities had

agreed to accept the applicant's change of name and requested that his

application pending before the Commission therefore be withdrawn. By

a letter dated 10 January 1996, the Government informed the Commission

of the same, enclosing relevant correspondence.

REASONS FOR THE DECISION

The Commission recalls that the applicant wishes to withdraw his

application on the basis that the Government and prison authorities

have agreed to accept his change of name to Shu'aib Islam. It finds

accordingly that the applicant does not intend to pursue his petition

and that the matter complained of has been resolved.

The Commission further considers that respect for Human Rights

as defined in the Convention does not require it to continue the

examination of the application.

It follows that the application may be struck off the list of

cases pursuant to Article 30 para. 1 (a) and (b) of the Convention.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF THE LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (S.TRECHSEL)

LEXI

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