SOERING v. THE UNITED KINGDOM JUDGMENT
6
applicant’s own admissions as recorded in the affidavit of the Bedford
County police investigator (see paragraph 13 above).
On behalf of the applicant psychiatric evidence was adduced from a
consultant forensic psychiatrist (report dated 15 December 1986 by Dr
Henrietta Bullard) that he was immature and inexperienced and had lost his
personal identity in a symbiotic relationship with his girlfriend - a powerful,
persuasive and disturbed young woman. The psychiatric report concluded:
"There existed between Miss Haysom and Soering a ‘folie à deux’, in which the
most disturbed partner was Miss Haysom. ...
At the time of the offence, it is my opinion that Jens Soering was suffering from
[such] an abnormality of mind due to inherent causes as substantially impaired his
mental responsibility for his acts. The psychiatric syndrome referred to as ‘folie à
deux’ is a well-recognised state of mind where one partner is suggestible to the extent
that he or she believes in the psychotic delusions of the other. The degree of
disturbance of Miss Haysom borders on the psychotic and, over the course of many
months, she was able to persuade Soering that he might have to kill her parents for she
and him to survive as a couple. ... Miss Haysom had a stupefying and mesmeric effect
on Soering which led to an abnormal psychological state in which he became unable
to think rationally or question the absurdities in Miss Haysom’s view of her life and
the influence of her parents. ...
In conclusion, it is my opinion that, at the time of the offences, Soering was
suffering from an abnormality of mind which, in this country, would constitute a
defence of ‘not guilty to murder but guilty of manslaughter’."
Dr Bullard’s conclusions were substantially the same as those contained
in an earlier psychiatric report (dated 11 December 1986 by Dr John R.
Hamilton, Medical Director of Broadmoor Hospital), which was not
however put before the Magistrates’ Court.
The Chief Magistrate found that the evidence of Dr Bullard was not
relevant to any issue that he had to decide and committed the applicant to
await the Secretary of State’s order for his return to the United States.
22. On 29 June 1987 Mr Soering applied to the Divisional Court for a
writ of habeas corpus in respect of his committal and for leave to apply for
judicial review. On 11 December both applications were refused by the
Divisional Court (Lord Justice Lloyd and Mr Justice Macpherson).
In support of his application for leave to apply for judicial review, Mr
Soering had submitted that the assurance received from the United States
authorities was so worthless that no reasonable Secretary of State could
regard it as satisfactory under Article IV of the Extradition Treaty between
the United Kingdom and the United States (see paragraph 36 below). In his
judgment Lord Justice Lloyd agreed that "the assurance leaves something to
be desired":
"Article IV of the Treaty contemplates an assurance that the death penalty will not
be carried out. That must presumably mean an assurance by or on behalf of the
Executive Branch of Government, which in this case would be the Governor of the