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)
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