Abdullah Ahmed Ali v Secretary of State for Justice

12 November 2024

[2024] EWHC 2829 (KB)

High Court

A prisoner sued the government for not letting him pray enough. The court said the prison tried its best, and security stopped him from praying elsewhere. The prisoner lost.

Key Facts

•Abdullah Ahmed Ali, a life sentence prisoner convicted of terrorism offences, appealed a County Court decision dismissing his claim for human rights violations.
•The claim alleged breaches of Article 9 ECHR (freedom of religion) due to infrequent Friday prayers (Jumuah) in the High Security Unit (HSU) of HMP Belmarsh.
•The appellant was held in the HSU, a separate unit within the prison, and denied access to Jumuah services in the main prison when the HSU service was unavailable.
•The HSU's operating instructions prevented attendance at services outside the unit without the Director's approval, which was not granted.
•Jumuah services in the HSU were unavailable on 14 occasions due to factors like low Muslim prisoner numbers or Imam absence.
•The appellant argued that the lack of individual risk assessment before denying access to the main prison's Jumuah services was a breach of his rights.

Legal Principles

Prisoners retain fundamental rights except liberty.

Korostelev v Russia (2022) 75 EHRR 17 at [57]

Article 9 ECHR imposes both positive (reasonable measures to secure rights) and negative (refrain from unjustified limitations) obligations on the state.

Jakobski v Poland (2012) 55 EHRR 8 at [47]; Yalcin v Turkey (No 2) (2023) 76 EHRR 23 at [29] to [30]

Article 9(2) limitations must be prescribed by law and necessary in a democratic society.

Article 9(2) ECHR

Appellate courts should not interfere with trial judge's findings of fact unless unreasonable.

Henderson v Foxworth Investments Ltd [2014] UKSC 41; Fage UK Limited v Chobani UK Limited [2014] EWCA Civ 5

Positive obligations under Article 9(1) require reasonable and appropriate measures to secure religious freedom, with a margin of appreciation for the state.

Kovalkovs v Latvia (35021/05) 31 January 2012; Jakobski v Poland; Soltany v SSHD [2020] EWHC 2291 (Admin)

Outcomes

Appeal dismissed.

The judge correctly applied Article 9(1) focusing on the positive obligation to facilitate religious practice. The prison had a system in place for Jumuah, albeit imperfect, and the appellant had no right to leave the HSU to attend services elsewhere. The lack of individual risk assessment was not a breach of Article 9.

Abdullah Ahmed Ali v Secretary of State for Justice

Key Facts

Legal Principles

Outcomes

Similar Cases

Fuad Awale, R (on the application of) v Secretary of State for Justice

Rabah Ghaoui v London Borough of Waltham Forest

Bryn Duval Richards v The Crown Prosecution Service & Anor

Scott Newson, R (on the application of) v The Secretary of State for Justice

Danny Walker, R (on the application of) v Secretary Of State for Justice