23
SOERING v. THE UNITED KINGDOM JUDGMENT
77. On 11 August 1988 the President of the Commission indicated to
the United Kingdom Government, in accordance with Rule 36 of the
Commission’s Rules of Procedure, that it was desirable, in the interests of
the parties and the proper conduct of the proceedings, not to extradite the
applicant to the United States until the Commission had had an opportunity
to examine the application. This indication was subsequently prolonged by
the Commission on several occasions until the reference of the case to the
Court.
78.
The Commission declared the application admissible on 10
November 1988.
In its report adopted on 19 January 1989 (Article 31) (art. 31) the
Commission expressed the opinion that there had been a breach of Article
13 (art. 13) (seven votes to four) but no breach of either Article 3 (art. 3)
(six votes to five) or Article 6 § 3 (c) (art. 6-3-c) (unanimously).
The full text of the Commission’s opinion and of the separate opinions
contained in the report is reproduced as an annex to this judgment*.
FINAL SUBMISSIONS TO THE COURT BY THE UNITED
KINGDOM GOVERNMENT
79.
At the public hearing on 24 April 1989 the United Kingdom
Government maintained the concluding submissions set out in their
memorial, whereby they requested the Court to hold
"1. that neither the extradition of the applicant nor any act or decision of the United
Kingdom Government in relation thereto constitutes a breach of Article 3 (art. 3) of
the Convention;
2. that neither the extradition of the applicant nor any act or decision of the United
Kingdom Government in relation thereto constitutes a breach of Article 6 § 3 (c) (art.
6-3-c) of the Convention;
3. that there has been no violation of Article 13 (art. 13) of the Convention;
4. that no issues arise under Article 50 (art. 50) of the Convention which call for
consideration by the Court".
They also submitted that further complaints under Article 6 (art. 6) made
by the applicant before the Court were not within the scope of the case as
declared admissible by the Commission.
*
Note by the Registrar. For practical reasons this annex will appear only with the printed
version of the judgment (volume 161 of Series A of the Publications of the Court), but a
copy of the Commission's report is obtainable from the registry.