Mann Singh v France

Civil and political rights – Freedom of religion – Passports – Naturalized French citizen originally from India and of Sikh belief granted French passports in 1989, 1991, 1995, and 2000 but renewal refused in 2005 citing photograph in turban violating Decree of 2001 and 2005 – Claimant asserting decrees inappropriate and disproportionate violation of religious freedom protections of European Convention on Human Rights (‘the Convention’) and International Covenant on Civil and Political Rights (‘the Covenant’) – All claimant appeals to French tribunals rejected, citing, inter alia, justifiable limitations to international instruments in interest of public safety and justificable fraud-prevention intentions of French decrees – Claimant not bringing claim before Conseil d’Etat because of negative ruling in previous driver’s license photo claim and subsequent similar judgment against him in European Court of Human Rights – Whether communication admissible under Covenant Optional Protocol requiring exhaustion of domestic remedies – Whether application of French law violating Covenant prohibition of discrimination and restrictions on freedom to manifest religion or belief and freedom of movement – Decrees no 2001-185 and 2005-1976, art 5; European Convention on Human Rights, arts 9, 14; International Covenant on Civil and Political Rights, arts 2, 12, 18(3), 26, Optional Protocol, art 5 para 2(a); UN Office of the High Commissioner for Human Rights, general comments nos 18, 22

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