violation of articles 7 and 10 in the absence of some further compelling circumstances.4 It states that the facts and circumstances of each case need to be examined, and that in the past the Committee has had regard to the relevant personal factors of the author, the specific conditions of detention on death row and whether the proposed method of execution is particularly abhorrent. No such circumstances apply in this case. Moreover, it states that, where the delay in awaiting execution is the fault of the accused, such as where he escapes custody, the accused cannot be allowed to take advantage of this delay. In this case, the delay arises from the author’s own criminal acts, his escape and the robberies he committed in Canada.5 Contrary to the author’s view, that this remedy would not be useful as it would be limited to the jurisdiction of the court rather than the merits of the case, the State party argues that the author’s petition was dismissed for both procedural and substantive reasons, and, therefore, the Court of Appeal could have reviewed the judgement on the merits. 4.6 The State party contends that the author has failed to show that his detention and subsequent removal to the United States raise any issues under articles 6, 7, 10 or 14, paragraph 5 of the Covenant. If the Committee is of the opinion that these articles do apply to the instant case, the State party argues that the author has failed to substantiate any of these claims for the purposes of admissibility. 4.11 With respect to the alleged violation of article 6, the State party states that the author has provided no authority for his proposition that detaining an individual for crimes committed in that State despite the fact that the same person has been sentenced to death in another State raises an issue under article 6. The author was sentenced in Canada for robberies he committed there and is not facing the death penalty in Canada. 4.7 With respect to the alleged violation of articles 7 and 10, the State party argues that the author has not cited any authority in support of his proposition that the “death row phenomenon” can apply to a prisoner detained in an abolitionist State for crimes committed in that State, where that person has been previously sentenced to capital punishment in another State. The author was sentenced to imprisonment for robberies he committed in Canada and was not on death row in Canada. It is submitted, therefore, that the “death row phenomenon” does not apply in the circumstances and he has no claim under articles 7 and 10. 4.12 The State party contends that the author has failed to substantiate his claim that his deportation from Canada would violate article 6. It recalls the Committee’s jurisprudence that “if a State party takes a decision relating to a person within its jurisdiction and the necessary and foreseeable consequences is that the person’s rights under the Covenant will be violated in another jurisdiction, the State party itself may be in violation of the Covenant.”6 The State party also invokes the Committee’s decision in Reid v. Jamaica, when it decided that the requirement of article 6 that a sentence of death may be “imposed in accordance with the law” implied that the procedural guarantees prescribed in the Covenant were observed.7 According to the State party, if the procedural guarantees of the Covenant were observed, there is no violation of article 6. The only due process issue raised by the author was the narrower appeal of 4.8 On the author’s argument that the sentencing in Canada had no valid objective as he had been sentenced to death in the United States, the State party submits that the sentencing principle of retribution, denunciation and deterrence require the imposition of a sentence in Canada for crimes committed in Canada. 4.9 According to the State party, if fugitives in Canada facing the death penalty were not prosecuted and sentenced for crimes in Canada, this would lead to potential abuses. First, it would create a double standard of justice. Such fugitives would be immune from prosecution while individuals not facing the death penalty would be prosecuted and sentenced, even though the crime committed in Canada was the same in both cases. Similarly, it would encourage lawlessness among such fugitives since in Canada they would be de facto immune from prosecution and imprisonment. In essence, fugitives sentenced to death for murder in the United States would be given a “carte blanche” to commit subsequent offences in Canada. 4 The State party refers to the following cases Pratt and Morgan v. Jamaica, Communication Nos. 210/1986, 225/1987, Barrett and Sutcliffe v. Jamaica, Communication Nos. 270/1988, 271/1988, Kindler v. Canada, Communication No. 470/1990, Views adopted on 30 July 1993, Johnson v. Jamaica, Communication No. 588/1994 and Francis v. Jamaica, Communication No. 606/1994. 4.10 If the Committee were to find that the facts of this case do raise issues under articles 7 and 10, the State party submits that the author has not substantiated a violation of these articles for the purposes of admissibility. The State party argues that the Committee has on many occasions reiterated that lengthy detention on death row does not constitute a 5 The State party refers to Pratt and Morgan, supra, Wallen and Baptiste (No. 2) (1994), 45 W.I.R. 405 at 436 (C.A., Trinidad and Tobago). 87 6 Kindler, supra. 7 Reid v. Jamaica, Communication No. 250/1987.