Strasbourg upholds Belgian niqab ban: Belcacemi and Dakir

The European Court of Human Rights has ruled on two Belgian cases involving bans on wearing the niqab in public.

The background

In Belcacemi and Oussar v Belgium [2017] ECHR 655 [in French], the applicants – Ms Samia Belcacemi (a Belgian national) and Ms Yamina Oussar (a Moroccan national living in Belgium) – challenged the Belgian Law of 1 June 2011 banning the wearing in public places of clothing which partially or totally covers the face. Continue reading

Conscientious objection again: Savda v Turkey

On 1 August 2006 five members of the Anti-Militarist Platform met in front of the Israeli Consulate in Istanbul in support of Israeli conscientious objectors. In the course of the gathering, Mr Savda read out a press statement entitled “We are in solidarity with the Israeli conscientious objectors”. He was arrested and charged and in August 2008 he was sentenced to five months in prison for having incited the population to evade military service by means of a public statement. Continue reading

Prison conditions, religious observance and Article 9 ECHR: Berghea and Turan v Romania

In Berghea and Turan v Romania [2016] ECHR 972 [in French] Mr Berghea and Mr Turan both complained before the Fourth Section ECtHR about their treatment in prison.

Mr Berghea is Jewish. He said that he had repeatedly asked to see a rabbi in prison and had indicated to the prison authorities that he was willing to pay the costs involved, but that his requests had been refused [7]. He also alleged that the Orthodox prison chaplain had repeatedly asked him to convert [8]. Mr Turan is Muslim: he alleged, inter alia, that the meals provided to him during his detention were not in conformity with the prescriptions of Islam because they were prepared with pork or pork fat [15]. Both applicants alleged that that they had been prevented from practising their religion by the prison authorities in violation of Article 9 ECHR [30]. Mr Turan also alleged that the physical conditions of his detention breached Article 3 [22]. Continue reading

Compensation to victims of the 2001 Holy Cross Primary School protests

The Holy Cross demonstrations

In 2001 there were a series of violent demonstrations against parents of some of the pupils of Holy Cross Girls’ Roman Catholic Primary School walking with their daughters to and from the school along through a Protestant area of the Ardoyne Road, Belfast, by so-called Loyalists. (For those unaware of the story there is a helpful potted history of events here.) As Lady Hale subsequently summed it up in the House of Lords [below]:

“The world looked on in consternation and amazement in September 2001 as day after day little girls being taken to school by their parents were subjected to a barrage of intimidating clamour, insults, abuse and offensive missiles from bystanders, some of them children themselves, as they walked up the street” [5]. Continue reading

Prisoners’ religious rights: Wojciechowski v Poland

In Janusz Wojciechowski v Poland [2016] ECHR 586 the applicant complained about the inadequate conditions of detention after a criminal conviction: overcrowding, inadequate medical care for a skin condition that he had contracted in the remand centre and unreasonable restrictions on his attending Sunday Mass in the remand centre. The domestic courts had upheld his complaint about overcrowding but had rejected his complaints about inadequate medical care and attendance at Mass. Mr Wojciechowski complained of breaches of Article 3 ECHR (inhuman or degrading treatment) and Article 9 (thought, conscience, and religion). Continue reading

Law and religion round-up – 19th June

 A week in which everything else paled into insignificance in the wake of the murder of Jo Cox MP and the massacre at Orlando…

“Out-of-school” education

As we have noted previously, the Government has been blowing hot and cold on the issue of inspecting education – broadly defined – outside the school system. Ministers had at first given assurances that they did not intend that Ofsted should start regulating Sunday schools, summer camps and intensive choir rehearsals. It then appeared that the Counter-Extremism and Safeguarding Bill was going to include provisions – unspecified – on the inspection of out-of-school education settings. However, in reply to a Question in the Lords from Lord Mawhinney, Lord Nash (Parliamentary Under-Secretary of State, Department for Education) seems to have clarified the situation: Continue reading

Conscientious objection to military service again: Enver Aydemir v Turkey

Background

In 2007 Enver Aydemir refused to do compulsory military service on grounds of conscience. He was taken by force to the Bilecik gendarmerie station, where he refused to put on a military uniform and obey orders from his superior. In July 2007 he was taken into pre-trial detention and, subsequently, two sets of criminal proceedings were instituted against him for persistent disobedience. In September 2007 he was provisionally released but did not return to his regiment: as a result, he was regarded as a deserter.

On 24 December 2009, he was arrested. A military court ordered his pre-trial detention and he was taken to Maltepe military prison. He claimed that he was beaten up by the prison warders and obliged to spend the night in a cell, naked. In August 2011 he was sentenced to imprisonment for persistent disobedience. Various proceedings were brought against him, and an appeal against a sentence of 10 months’ imprisonment is currently pending before the Military Court of Cassation. Continue reading