Warren v. the United Kingdom



AS TO THE ADMISSIBILITY OF

Application No. 28230/95

by Phinis WARREN

against the United Kingdom

The European Commission of Human Rights (First Chamber) sitting

in private on 4 September 1996, the following members being present:

Mrs. J. LIDDY, President

MM. M.P. PELLONPÄÄ

E. BUSUTTIL

A. WEITZEL

C.L. ROZAKIS

G.B. REFFI

B. CONFORTI

N. BRATZA

I. BÉKÉS

G. RESS

A. PERENIC

C. BÎRSAN

K. HERNDL

Mrs. M.F. BUQUICCHIO, Secretary to the Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 10 August 1995 by

Phinis WARREN against the United Kingdom and registered on

17 August 1995 under file No. 28230/95;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a Trinidad national born in 1952. As far as the

Commission is able to ascertain he is presently detained in Port of

Spain Prison in Trinidad and Tobago. The facts as submitted by the

applicant can be summarised as follows.

On 28 October 1988 the applicant was charged with the murder of

his 3 year old son for which he was convicted on 10 May 1991 and

sentenced to death by hanging. On 12 July 1994, his conviction and

sentence were upheld on appeal.

While the applicant has asserted that he appealed to the Privy

Council which sits in the United Kingdom, the highest court of appeal

for the purposes of his conviction, and that that appeal should have

been heard in February or March 1996, by letter dated 1 July 1996 from

a United Kingdom lawyer representing him before the Privy Council, it

was confirmed that a petition had not yet been lodged.

COMPLAINTS

The applicant complains as to the fairness of the inquest

proceedings that preceded his trial, the inquest having been conducted

by 4 different prosecutors. He complains that he was convicted by 11

jurors, not the requisite 12, that he was not given the judge's

summing-up or notes of evidence and that his legal advisors did not

assist him. He further appears to be complaining that his

representative dropped certain grounds of appeal, without his consent.

THE LAW

The applicant complains as to the fairness of his trial in

Trinidad for murder. The Commission notes that these complaints are

directed against the Trinidad authorities or his legal representatives

in Trinidad.

The Commission recalls that the responsibility of the United

Kingdom Government under the Convention for the acts of the Trinidad

authorities lapsed on 31 August 1962, when Trinidad became independent

(see Declaration of the United Kingdom of 9 June 1964, registered on

10 June 1964).

In the circumstances, the Commission is not competent rationae

personae to examine the applicant's complaints and it follows that the

application is incompatible with the provisions of the Convention

within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.

For these reasons, the Commission, unanimously,

DECLARES THE APPLICATION INADMISSIBLE.

M.F. BUQUICCHIO J. LIDDY

Secretary President

to the First Chamber of the First Chamber