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.