Council of State
10 February 2016
Facts
The applicant, Mr. B, asked the head of the prison if they could regularly distribute meals with halal meat for Muslim prisoners. The head of prison refused to do so and Mr B. appealed against this decision.
Complaint
The applicant complained that this refusal violated his freedom of religion guaranteed by Article 9 of the Convention.
Court’s ruling
The Council of State explained that the prison administration has the responsibility of guaranteeing prisoners, in all circumstances, food that respects their religious beliefs and of allowing, as far as possible, the observance of dietary requirements resulting from religious beliefs and practices. The Court then noted that the prison administration provided all prisoners with pork-free menus as well as vegetarian menus. The Court also added that during main religious holidays, prisoners could request menus in accordance with their religion, and that the prison shop made it possible for prisoners to acquire food containing halal meat. The Court therefore considered that detainees of Muslim faith were not exposed to the risk of having to consume food prohibited by their religion and could to a certain extent consume food in accordance with the requirements of their religion. The Council of State concluded that there was no violation of the applicant’s rights and thus dismissed his appeal.