CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 mai 1996

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                           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)