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SOERING CASE

Doc ref: 14038/88 • ECHR ID: 001-55486

Document date: March 12, 1990

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SOERING CASE

Doc ref: 14038/88 • ECHR ID: 001-55486

Document date: March 12, 1990

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in

the Soering case delivered on 7 July 1989 and transmitted the same day

to the Committee of Ministers;

Recalling that the case originated in an application against the

United Kingdom lodged with the European Commission of Human Rights on

8 July 1988 under Article 25 (art. 25) of the Convention by Jens Soering,

a German national, who complained inter alia that his imminent

extradition to the United States of America where he feared that he

would be sentenced to death on a charge of capital murder and

subjected to the "death row phenomenon" would constitute, if

implemented, a violation of Article 3 (art. 3) of the Convention;

Recalling that the case was brought before the Court by the Commission

on 25 January 1989, by the Government of the United Kingdom on

30 January 1989 and by the Government of the Federal Republic of

Germany on 3 February 1989;

Whereas in its judgment of 7 July 1989 the Court unanimously:

- held that, in the event of the Secretary of State's decision to

extradite the applicant to the United States of America being

implemented, there would be a violation of Article 3 (art. 3)

of the Convention;

- held that, in the same event, there would be no violation of

Article 6, paragraph 3.c (art. 6-3-c), of the Convention;

- held that it had no jurisdiction to entertain the complaint under

Article 6, paragraphs 1 and 3.d (art. 6-1, art. 6-3-d), of the

Convention;

- held that there was no violation of Article 13 (art. 13) of the

Convention;

- held that the United Kingdom was to pay to the applicant, in

respect of legal costs and expenses, the sum of 26 752,80 pounds and

5 030,60 French francs, together with any value added tax that may be

chargeable;

- rejected the remainder of the claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the Convention;

Having invited the Goverment of the United Kingdom to inform it of the

measures which had been taken in consequence of the judgment, having

regard to its obligation under Article 53 (art. 53) of the Convention

to abide by it;

Whereas, during the examination of the case by the Committee of

Ministers, the Government of the United Kingdom gave the Committee

information about the measures taken in consequence of the judgment,

which information appears in the appendix to this resolution;

Having satisfied itself that the Government of the United Kingdom has

paid the applicant the sums provided for in the judgment,

Declares, after having taken note of the information supplied by the

Government of the United Kingdom, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (90) 8

Information provided by the Government of the United Kingdom

during the examination of the Soering case

before the Committee of Ministers

Following the judgment of the European Court of Human Rights, the

Government of the United Kingdom in a diplomatic note of 28 July 1989

informed the United States authorities that the extradition of the

applicant on charges of capital murder or any other offence the

penalty for which may include the imposition of the death penalty was

refused. The applicant would be surrendered on the basis that he would

not be proceeded against for any offence other than the two counts of

first degree murder including any lesser offence.

The Authorities of the United States of America confirmed in a

diplomatic note of 31 July 1989 that, in the light of the applicable

provisions of the 1972 extradition treaty, United States law would

prohibit the applicant's prosecution in Virginia for the offence of

capital murder.

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