SOERING v. THE UNITED KINGDOM JUDGMENT 39 ... (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; ..." 115. As the Delegate of the Commission pointed out, this complaint was not pleaded before the Commission. Such claims as the applicant then made of a failure to take proper account of the psychiatric evidence were in relation to Article 3 (art. 3) and limited to the Secretary of State’s ultimate decision to extradite him to the United States. He did not formulate any grievances, whether under Article 6 (art. 6), Article 3 (art. 3) or Article 13 (art. 13), regarding the scope or conduct of the Magistrates’ Court proceedings as such. This being so, the new allegation of a breach of Article 6 (art. 6) constitutes not merely a further legal submission or argument but a fresh and separate complaint falling outside the compass of the case, which is delimited by the Commission’s decision on admissibility (see, inter alia, the Schiesser judgment of 4 December 1979, Series A no. 34, p. 17, § 41, and the Johnston and Others judgment of 18 December 1986, Series A no. 112, p. 23, § 48). Accordingly, the Court has no jurisdiction to entertain the matter. III. ALLEGED BREACH OF ARTICLE 13 (art. 13) 116. Finally, the applicant alleged a breach of Article 13 (art. 13), which provides: "Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity." In his submission, he had no effective remedy in the United Kingdom in respect of his complaint under Article 3 (art. 3). The majority of the Commission arrived at the same conclusion. The United Kingdom Government however disagreed, arguing that Article 13 (art. 13) had no application in the circumstances of the present case or, in the alternative, that the aggregate of remedies provided for under domestic law was adequate. 117. In view of the Court’s finding regarding Article 3 (art. 3) (see paragraph 111 above), the applicant’s claim under that Article (art. 3) cannot be regarded either as incompatible with the provisions of the Convention or as not "arguable" on its merits (see, inter alia, the Boyle and Rice judgment of 27 April 1988, Series A no. 131, p. 23, § 52). The United Kingdom Government contended, however, that Article 13 (art. 13) can have no application in the circumstances of the case, because

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