Soering v United Kingdom

The applicant, Jens Söring, is a German national, born in 1966, who was brought by his parents to the United States at age 11. In 1984, he was an 18-year-old Echols Scholar at the University of Virginia, where he became good friends with Elizabeth Haysom, a Canadian national two years his elder.

Haysom's parents, William Reginald Haysom and Nancy Astor Haysom, lived 65 miles (105 km) from the university, in the then unincorporated hamlet of Boonsboro, in Bedford County, Virginia. According to the account provided later to local police, Söring and Elizabeth Haysom decided to kill Haysom's parents; and, to divert suspicion, they rented a car in Charlottesville and drove to Washington D.C. On 30 March 1985, Söring drove to the Haysom residence and dined with the unsuspecting couple. During or after dinner, he picked a quarrel and viciously attacked them with a knife. Both were found with their throats slit and with stab and slash wounds to the neck and body.[2][3]

In October 1985, Söring and Elizabeth Haysom fled to Europe; and, on 30 April 1986, they were arrested in England, United Kingdom, on charges of cheque fraud. Six weeks later, a grand jury of the Circuit Court of Bedford County, Virginia, indicted Söring with the capital murder of the Haysoms, as well as their separate non-capital murders. On 11 August 1986, the United States requested extradition for the pair, based on the 1972 extradition treaty. A warrant was issued under section 8 of the Extradition Act 1870 for the arrest of Söring, and he was committed to await the Home Secretary's order to extradite him to the United States.

Söring filed a petition for habeas corpus with the Divisional Court and requested permission for judicial review of the decision to commit him, arguing that the Extradition Act 1870 did not authorise extradition for a capital charge. He also cited article IV of the US-UK extradition treaty, which provides that an extradition request for an offence carrying the death penalty can be refused if the requesting country has not given "assurances [...] that the death penalty will not be carried out". No specific assurance was given by the United States, or the State of Virginia, that prosecutors would not seek the death penalty or that Söring would not be executed. The UK government received only an undertaking from the Commonwealth Attorney of Bedford County to the effect that:-

should Jens Söring be convicted of the offence of capital murder as charged in Bedford County, Virginia ... a representation will be made in the name of the United Kingdom to the judge at the time of sentencing that it is the wish of the United Kingdom that the death penalty should not be imposed or carried out.

Söring contended that this assurance was worthless. The Virginia authorities later communicated to the UK government that they would not offer further assurances, as they intended to seek the death penalty against Soering.

On 11 December 1987, Lord Justice Lloyd in the Divisional Court admitted that the assurance "leaves something to be desired" but refused the request for judicial review, stating that Söring's request was premature, as the Home Secretary had not yet accepted the assurance.

Söring appealed to the Judicial Committee of the House of Lords, which rejected his claim on 30 June 1988. He then petitioned the Home Secretary without success, the latter authorizing extradition on 3 August 1988.

Anticipating this outcome, Söring had filed a claim with the European Commission of Human Rights (ECHR) on 9 July 1988, asserting that he would face inhuman and degrading treatment contrary to Article 3 of the European Convention on Human Rights ("the Convention") were he to be extradited to the USA, it being likely that the death penalty would be applied.

Söring's arguments that the use by a non-Convention State of the death penalty would engage the right to life were novel, in that Article 2(1) of the Convention expressly permits the use of the death penalty, and Article 3 had never been interpreted to bring the death penalty, per se, within the prohibition of "inhuman or degrading treatment or punishment". The applicant, therefore, sought to make it clear that this was not the simple application of a punishment prescribed by law, but rather his exposure to the death row phenomenon, where he would be kept in detention for an unknown period, awaiting execution. The ECHR requested that no extradition take place pending the deliverance of its judgment.

The UK government obtained further assurances from the US regarding the death penalty before extraditing Soering to Virginia. He was tried and convicted of the first degree murders of the Haysoms and, on 4 September 1990, sentenced to two consecutive life terms. He is serving his sentence at the Buckingham Correctional Center in Dillwyn, Virginia.[5]

Elizabeth Haysom did not contest her extradition from the UK and pleaded guilty to conspiring to kill her parents. On 6 October 1987, the court sentenced her to 45-years-per-count to be served consecutively. She is serving her sentence at the Fluvanna Correctional Center for Women.[6]

Soering v. United Kingdom is important in four respects:

• It enlarges the scope of a state's responsibility for breaches of the Convention. A signatory State must now consider consequences of returning an individual to a third country where he might face treatment that breaches the Convention. This is notwithstanding that the ill-treatment may be beyond its control, or even that general assurances have been provided that no ill-treatment will take place.
• By finding a breach of the Convention on the territory of a non-signatory State, the Court considerably expanded the obligation to its signatory States. Not only are signatories responsible for consequences of extradition suffered outside their jurisdiction, but this jurisdiction implicitly extends to actions in non-signatory States. The Convention also overrides agreements concluded with such States.
• The rationale of the Court's judgment applies equally to deportation cases, where other articles of the Convention may apply, such as Article 6 (right to a fair trial), as seen in Othman (Abu Qatada) v. United Kingdom (2012).
• The Court's approach to the death penalty, itself permitted by the text of the original Convention, may reduce its use by non-signatory States that seek to extradite suspects from signatory States. The decision makes it difficult, if not impossible, for the US and other capital punishment countries to extradite suspects on capital charges from signatory States, without giving assurances that the death penalty will not be executed.

• Lillich, Richard B. (January 1991). "The Soering Case". The American Journal of International Law. 85 (1): 128–149. JSTOR 2203565.

• Restrictions on extraditions
• Death row phenomenon
• European Convention on Human Rights

• Soering v. the United Kingdom, application no. 14038/88