1
SOERING v. THE UNITED KINGDOM JUDGMENT
of Human Rights and Fundamental Freedoms ("the Convention"). It
originated in an application (no. 14038/88) against the United Kingdom
lodged with the Commission under Article 25 (art. 25) by a German
national, Mr Jens Soering, on 8 July 1988.
The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48)
and to the declaration whereby the United Kingdom recognised the
compulsory jurisdiction of the Court (Article 46) (art. 46). The object of the
request and of the two governmental applications was to obtain a decision
from the Court as to whether or not the facts of the case disclosed a breach
by the respondent State of its obligations under Articles 3, 6 and 13 (art. 3,
art. 6, art. 13) of the Convention.
2. In response to the enquiry made in accordance with Rule 33 § 3 (d)
of the Rules of Court, the applicant stated that he wished to take part in the
proceedings pending before the Court and designated the lawyers who
would represent him (Rule 30).
3. The Chamber was constituted on 26 January 1989. It included ex
officio Sir Vincent Evans, the elected judge of British nationality (Article 43
of the Convention) (art. 43), the Federal Republic of Germany at that stage
not being a Party to the case, and Mr R. Ryssdal, the President of the Court
(Rule 21 § 3 (b)). The names of the other five members, namely Mr J.
Cremona, Mrs D. Bindschedler-Robert, Mr R. Bernhardt, Mr N. Valticos
and Mrs E. Palm, were drawn by lot by the President in the presence of the
Registrar.
On the same day the Chamber relinquished jurisdiction forthwith in
favour of the plenary Court (Rule 50).
4. Likewise on the same day, following requests for an interim measure
made by the Commission and the applicant, the Court indicated to the
United Kingdom Government that it would be advisable not to extradite the
applicant to the United States of America pending the outcome of the
proceedings before the Court (Rule 36).
5. The President of the Court consulted, through the Registrar, the
Agents of the two Government Parties, the Delegate of the Commission and
the representative of the applicant on the need for a written procedure
(Rules 37 § 1 and 50 § 3). Thereafter, in accordance with the President’s
Orders and directions, the following documents were lodged at the registry:
- on 28 March 1989, the memorial of the United Kingdom Government
and the memorial of the applicant;
- on 31 March 1989, the memorial of the German Government;
- on 17 April 1989, the counter-memorial of the applicant;
- on 18 April 1989, further affidavits submitted by the United Kingdom
Government;
- on 20 April 1989, further evidence submitted by the applicant.