AS TO THE ADMISSIBILITY OF
Application No. 28230/95
by Phinis WARREN
against the United Kingdom
The European Commission of Human Rights (First Chamber) sitting
in private on 4 September 1996, the following members being present:
Mrs. J. LIDDY, President
MM. M.P. PELLONPÄÄ
E. BUSUTTIL
A. WEITZEL
C.L. ROZAKIS
G.B. REFFI
B. CONFORTI
N. BRATZA
I. BÉKÉS
G. RESS
A. PERENIC
C. BÎRSAN
K. HERNDL
Mrs. M.F. BUQUICCHIO, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 10 August 1995 by
Phinis WARREN against the United Kingdom and registered on
17 August 1995 under file No. 28230/95;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a Trinidad national born in 1952. As far as the
Commission is able to ascertain he is presently detained in Port of
Spain Prison in Trinidad and Tobago. The facts as submitted by the
applicant can be summarised as follows.
On 28 October 1988 the applicant was charged with the murder of
his 3 year old son for which he was convicted on 10 May 1991 and
sentenced to death by hanging. On 12 July 1994, his conviction and
sentence were upheld on appeal.
While the applicant has asserted that he appealed to the Privy
Council which sits in the United Kingdom, the highest court of appeal
for the purposes of his conviction, and that that appeal should have
been heard in February or March 1996, by letter dated 1 July 1996 from
a United Kingdom lawyer representing him before the Privy Council, it
was confirmed that a petition had not yet been lodged.
COMPLAINTS
The applicant complains as to the fairness of the inquest
proceedings that preceded his trial, the inquest having been conducted
by 4 different prosecutors. He complains that he was convicted by 11
jurors, not the requisite 12, that he was not given the judge's
summing-up or notes of evidence and that his legal advisors did not
assist him. He further appears to be complaining that his
representative dropped certain grounds of appeal, without his consent.
THE LAW
The applicant complains as to the fairness of his trial in
Trinidad for murder. The Commission notes that these complaints are
directed against the Trinidad authorities or his legal representatives
in Trinidad.
The Commission recalls that the responsibility of the United
Kingdom Government under the Convention for the acts of the Trinidad
authorities lapsed on 31 August 1962, when Trinidad became independent
(see Declaration of the United Kingdom of 9 June 1964, registered on
10 June 1964).
In the circumstances, the Commission is not competent rationae
personae to examine the applicant's complaints and it follows that the
application is incompatible with the provisions of the Convention
within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.
For these reasons, the Commission, unanimously,
DECLARES THE APPLICATION INADMISSIBLE.
M.F. BUQUICCHIO J. LIDDY
Secretary President
to the First Chamber of the First Chamber
Full & Egal Universal Law Academy