SOERING v. THE UNITED KINGDOM JUDGMENT
20
institution on a quarterly basis. These searches may last for approximately a
week. During such times, called lockdowns, inmates are confined to their
cells; they are showered, receive medical, dental and psychological services
outside their cells as deemed necessary by medical staff, and upon request
may visit the law library, and are allowed legal visits and legal telephone
calls. Other services such as meals are provided to the inmates in their cells.
During the lockdown, privileges and out-of-cell time are gradually increased
to return to normal operations.
Lockdowns may also be ordered from time to time in relation to death
row if information is received indicating that certain of its inmates may be
planning a disturbance, hostage situation or escape.
68. A death row prisoner is moved to the death house 15 days before he
is due to be executed. The death house is next to the death chamber where
the electric chair is situated. Whilst a prisoner is in the death house he is
watched 24 hours a day. He is isolated and has no light in his cell. The
lights outside are permanently lit. A prisoner who utilises the appeals
process can be placed in the death house several times.
H. The giving and effect of assurances in relation to the death penalty
69. Relations between the United Kingdom and the United States of
America on matters concerning extradition are conducted by and with the
Federal and not the State authorities. However, in respect of offences
against State laws the Federal authorities have no legally binding power to
provide, in an appropriate extradition case, an assurance that the death
penalty will not be imposed or carried out. In such cases the power rests
with the State. If a State does decide to give a promise in relation to the
death penalty, the United States Government has the power to give an
assurance to the extraditing Government that the State’s promise will be
honoured.
According to evidence from the Virginia authorities, Virginia’s capital
sentencing procedure and notably the provision on post-sentencing reports
(see paragraph 47 above) would allow the sentencing judge to consider the
representation to be made on behalf of the United Kingdom Government
pursuant to the assurance given by the Attorney for Bedford County (see
paragraph 20 above). In addition, it would be open to the Governor to take
into account the wishes of the United Kingdom Government in any
application for clemency (see paragraph 60 above).
I. Mutual assistance in criminal matters
70. There is no way of compelling American witnesses to give evidence
at a trial in the Federal Republic of Germany. However, such witnesses
would normally, unless imprisoned, be free to appear voluntarily before a