CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 4 septembre 1996

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          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