[align=left]Whereas, moreover, in regard to the period after 13 January 1966, an
examination of this complaint as it has been submitted, including an
examination made ex officio, does not disclose any appearance of a
violation of the rights and freedoms set forth in the Convention and
in particular in Article 6 (Art. 6); whereas in coming to this
conclusion, the Commission is satisfied that it is the established
practice in English law that a second indictment left on the file is
never proceeded with so long as the conviction on the charge of murder
remains undisturbed;
whereas the Commission considers that there is thus in fact no criminal
charge against the Applicants which requires to be determined and that
there is thus no violation of Article 6 (Art. 6) of the Convention;

Whereas in this connection the Commission refers to the decision of the
Court of Criminal Appeal in the case of Regina v. Thatcher cited by the
Respondent Government; whereas moreover the Commission has noted that
it appears from the case of Regina v. Thatcher cited by the Respondent
Government; whereas, however, this is not the Applicants, that
different considerations may apply where a conviction for murder has
been set aside; whereas, however, this is not the Applicant's case
since, following the rejection of their appeal, their conviction
stands;

Whereas it follows that this part of the Application is manifestly
ill-founded within the meaning of Article 27, paragraph (2)
(Art. 27-2), of the Convention;

Whereas the Respondent Government has suggested that the Applicants'
real object in applying for the charge of arson to be heard was to
obtain some form of retrial; whereas the Applicants have contested this
suggestion; whereas it is to be observed that the Convention, under the
terms of Article 1 (Art. 1), guarantees only the rights and freedoms
set forth in Section I of the Convention; and whereas, under Article
25, paragraph (1) (Art. 25-1), only the alleged violation of one of
those rights and freedoms by a Contracting Party can be the subject of
an application presented by a person, non-governmental organisation or
group of individuals;

Whereas otherwise its examination is outside the competence of the
Commission ratione materiae; whereas no right to retrial is as such
included among the rights and freedoms guaranteed by the Convention;

Whereas in this respect the Commission refers to its previous
decisions, Nos 864/60 - X v. Austria - Collection of Decisions No 9,
page 17, and 1237/61 - X v. Austria - Yearbook V, page 96; whereas the
Commission does not consider it necessary to determine what was the
real object of the Applicants in this respect as it has already found
this part of the Application to be inadmissible; whereas, however, if
the Respondent Government's submission was to be accepted, this part
of the Application is also incompatible with the provisions of the
Convention within the meaning of Article 27, paragraph (2) (Art. 27-2)
of the Convention;

Whereas with regard to the Applicant's complaint that his participation
in the hostel scheme is being postponed pending the determination of
his Application to the Commission, it does not appear in the actual
circumstances of the case that the Applicant was hindered in the
effective exercise of his right of petition under Article 25 (Art. 25)
of the Convention;

Now therefore the Commission

1. Declares this Application inadmissible.

2. Decides to take no further action in regard to the allegations
relating to a hindrance of the Applicants' right of petition under
Article 25 (Art. 25) of the Convention.[/align]