Johnson v. Jamaica,3 that as the imposition of the
death sentence was in violation of the Covenant, his
resulting detention, particularly in the light of the
treatment and conditions suffered, was cruel and
inhuman punishment, contrary to article 7.
violation of article 10, paragraph 2, in that he was
not separated from convicted prisoners.
5.7 The author argues that there is no obligation
to report or complain about conditions of detention
when to do so would foreseeably result in
victimization.5 The author provides copies of three
letters he did write to the Philippine Commission on
Human Rights in 1997, which resulted in him being
beaten up and locked in his cell for several days. In
1999, while on death row, the Department of Justice
was alerted of threats to the author’s life and asked
to take steps to protect him. The response was a
serious threat to his life, with a gun being placed
against his head by a guard (when he had already
seen another inmate shot). The author submits that
the State party’s inability to respond to these claims
in their submissions only underlines the lack of an
effective domestic ‘machinery of control’ and the
need for investigation and compensation for the
violations of article 7 he suffered.
5.4 The author argues generally, with reference to
the Committee’s General Comment on article 6, that
the re-imposition of the death penalty in a State party
is contrary to the object and purpose of the Covenant
and violates article 6, paragraphs 1 to 3. In any
event, the manner in which the Philippines has reintroduced the death penalty violates article 6,
paragraph 2, as well as the obligation contained in
article 2, paragraph 2, to give effect to Covenant
rights. The Republic Act 7659, providing for the
death sentence for 46 offences (of which
23 mandatorily), is flawed and affords no protection
of Covenant rights.
5.5 At the time of the author’s trial, the applicable
criminal procedure required a rape charge to be
brought by the victim or her parents or guardian,
who have not expressly pardoned the offender. The
author argues that to provide for a mandatory death
penalty for an offence which cannot even be
prosecuted ex officio by the State is a standing
invitation for extortion – fabricating an allegation
and seeking money for an express pardon. The
author repeatedly asserted at trial that the claimant
had sought US$25,000 in exchange for an “affidavit
of desistance”. The author’s suffering is a direct
result of the State’s failure to guarantee the most
strict legal procedures and safeguards in capital
cases generally, and, in particular, in his case.
5.8 As to the conditions of detention on death
row, it is submitted that they caused serious
additional detriment to the author’s mental health
and constituted a separate violation of article 7. The
author suffered extreme anxiety and severe suffering
as a result of the detention, with a General
Psychiatric Assessment finding the author “very
depressed and suffering from severe longstanding
[Post Traumatic Stress Disorder] that can lead to
severe and sudden self-destructive behaviour”. The
author refers to the Committee’s jurisprudence that
while in principle mental strain following conviction
does not violate article 7, “the situation could be
different in cases involving capital punishment”6 and
that “each case must be considered on its own
merits, bearing in mind the imputability … on the
State party, the specific conditions of imprisonment
in the particular penitentiary and their psychological
impact on the person concerned”.7
5.6 As to the descriptions of conditions of
detention suffered before conviction in Valenzuela
jail, the author refers to the Committee’s
jurisprudence which has consistently found similar
treatment inhumane and in violation of articles 7 and
10.4 The conditions in Valenzuela are welldocumented in reports of Amnesty International and
media sources, and plainly fall beneath what the
Covenant requires of all States parties, regardless of
their budgetary situation. He also advances a specific
5.9 In this case, the author’s conviction and the
conditions of detention fell well below minimum
standards and were plainly imputable to the State
party. In addition, death row inmates on appeal were
not separated from those whose convictions had
become final. During the author’s detention, six
prisoners were executed (three convicted of rape). In
one case, a communications failure prevented a
presidential reprieve from stopping an execution. In
another, three prisoners were executed despite the
Human Rights Committee’s request for interim
3
Case No. 592/1994, Views adopted on 20 October
1998.
4
The author refers, by way of example, to Carballal v.
Uruguay, Case No. 33/1978, Views adopted on 27 March
1981; Massiotti v. Uruguay, Case No. 25/1978, Views
adopted on 26 July 1982; Marais v. Madagascar, Case
No. 115/1982, Views adopted on 1 April 1985;
Antonaccio v. Uruguay, Case No. 63/1979, Views adopted
on 28 October 1971; Estrella v. Uruguay, Case
No. 74/1989, Views adopted on 29 March 1983; Wight v.
Madagascar, Case No. 115/1981, Views adopted on
1 April 1985; and Tshisekedi v. Zaire, Case No. 242/1987,
Views adopted on 2 November 1989.
5
The author refers to Philip v. Jamaica Case
No. 594/1992, Views adopted on 20 October 1998.
6
Pratt & Morgan v. Jamaica, Case Nos. 210/1986 and
225/1987, Views adopted on 6 April 1989.
7
Francis v. Jamaica, Case No. 606/1994, Views
adopted on 25 July 1995.
118
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