Facts
In 1989, Anwar X. traveled from Pakistan to Switzerland and acquired Swiss citizenship in 1995. During the naturalization process, he was registered in the family register with the first name "Anwar" and the date of birth "July 26, 1958". In 2007, Anwar X. applied under Art. 42 para. 1 of the Swiss Civil Code (ZGB) to correct these entries in the civil registry, as he had already provided a false first name and a false date of birth when entering as an asylum seeker.
The High Court of the Canton of Bern dismissed the correction claim, as it considered the appellant to be abusing his rights, as he had "profited from his false identity". Anwar X. then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court held that the correction procedure under Art. 42 para. 1 ZGB is intended to correct an entry that was already incorrect at the time of its creation, either due to an error by the civil registrar or because they were left unaware of important facts.
The Federal Supreme Court concluded that the appellant had credibly demonstrated a worthy personal interest in "bringing order to his affairs" with his reasoning. The lower court had wrongly denied the credibility of the personal interest.
Furthermore, the Federal Supreme Court stated that the…