SOERING v. THE UNITED KINGDOM JUDGMENT
39
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(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