The Ministry of Justice has formally admitted unlawfully breaching the human rights of Mr Elie Taktouk, a Catholic prisoner, after failing to take appropriate steps to enable him to attend his father’s funeral and participate in the final rites of his Maronite Catholic faith.

The admissions are contained within a Consent Order approved by the County Court at Central London, in which the Defendant admitted that between April and May 2022 it breached Mr Taktouk’s rights under Articles 8, 9 and 14 of the European Convention on Human Rights. The Court also declared that the Ministry of Justice had acted unlawfully in breach of those rights.

The case arose following the death of Mr Taktouk’s father in April 2022. Despite promptly informing prison staff of his father’s death, providing the funeral details and repeatedly requesting permission to attend, he was prevented from attending the funeral and was also denied the opportunity to participate properly in the subsequent burial rites and religious observances associated with the Maronite Catholic faith.

The claim alleged that prison staff failed to deal with the applications urgently as required, incorrectly recorded that the funeral was taking place abroad and repeatedly failed to make lawful and timely decisions. The claim further alleged that these failures amounted to breaches of Articles 8, 9 and 14 of the European Convention on Human Rights.

As part of the settlement, the Ministry of Justice admitted breaching Articles 8, 9 and 14 by failing to take the appropriate steps to facilitate Mr Taktouk’s attendance at his father’s funeral services and his participation in the final rites of his Maronite Catholic faith. The Consent Order further records that Mr Taktouk has suffered and continues to suffer significant and enduring psychological distress as a result of the Defendant’s actions over a sustained period of approximately four years.

The Ministry of Justice to pay Mr Taktouk’s legal costs.

Statement from Instalaw Solicitors

David Shaw, Solicitor at Instalaw Solicitors, who represented Mr Taktouk, said:

“This is an important case which reinforces that prisoners do not lose their fundamental human rights upon entering custody. While imprisonment necessarily restricts liberty, it does not extinguish the right to respect for family life, the right to manifest one’s religion or the right to be free from discrimination.

Mr Taktouk did everything that could reasonably have been expected of him. He informed the prison immediately following his father’s death, supplied all of the relevant information and repeatedly sought updates. Despite this, he was denied the opportunity to attend his father’s funeral, participate in the final religious rites of his faith and grieve alongside his family.

The Ministry of Justice has now admitted that it breached Mr Taktouk’s rights under Articles 8, 9 and 14 of the European Convention on Human Rights and the Court has declared that those breaches were unlawful. We welcome those admissions and hope this case will encourage prisons to ensure that compassionate release applications are dealt with promptly, lawfully and with proper regard to prisoners’ Convention rights.”

Mr Taktouk said:

“I was unable to attend my father’s funeral at HMP Highdown or participate in the final rites of my Catholic faith at the most difficult moment of my life, and when I raised concerns, including discrimination, they were dismissed. It has taken four years of court proceedings and enduring psychological distress for the Ministry of Justice to finally admit that my rights under Articles 8, 9 and 14 were unlawfully breached. I hope this outcome helps ensure that no one else is treated in the same way again.”

Becket Bedford and Stuart Withers, instructed by David Shaw and Rebecca Haughton at Instalaw, represented the Claimant, Mr Taktouk.