SOERING v. THE UNITED KINGDOM JUDGMENT
38
II. ALLEGED BREACH OF ARTICLE 6 (art. 6)
A. The United States criminal proceedings
112. The applicant submitted that, because of the absence of legal aid in
Virginia to fund collateral challenges before the Federal courts (see
paragraph 57 above), on his return to the United States he would not be able
to secure his legal representation as required by Article 6 § 3 (c) (art. 6-3-c),
which reads:
"Everyone charged with a criminal offence has the following minimum rights:
...
(c) to defend himself in person or through legal assistance of his own choosing or, if
he has not sufficient means to pay for legal assistance, to be given it free when the
interests of justice so require;
..."
The Commission expressed the opinion that the proposed extradition of
the applicant could not give rise to the responsibility of the United Kingdom
Government under Article 6 § 3 (c) (art. 6-3-c). The United Kingdom
Government concurred with this analysis and, in the alternative, submitted
that the applicant’s allegations were ill-founded.
113. The right to a fair trial in criminal proceedings, as embodied in
Article 6 (art. 6), holds a prominent place in a democratic society (see, inter
alia, the Colozza judgment of 12 February 1985, Series A no. 89, p. 16, §
32). The Court does not exclude that an issue might exceptionally be raised
under Article 6 (art. 6) by an extradition decision in circumstances where
the fugitive has suffered or risks suffering a flagrant denial of a fair trial in
the requesting country. However, the facts of the present case do not
disclose such a risk.
Accordingly, no issue arises under Article 6 § 3 (c) (art. 6-3-c) in this
respect.
B. The extradition proceedings in England
114. The applicant further contended that the refusal of the Magistrates’
Court in the extradition proceedings to consider evidence as to his
psychiatric condition (see paragraph 21 above) violated paragraphs 1 and 3
(d) of Article 6 (art. 6-1, art. 6-3-d), which respectively provide:
"1. In the determination ... of any criminal charge against him, everyone is entitled
to a fair ... hearing ... ."
"3. Everyone charged with a criminal offence has the following minimum rights: