pronounced or within such extended times as the Supreme Court or a judge thereof may, for special reasons allow" (Criminal Code, R.S.C. 1970, c. C-34, S.618 (b)) and that, as of the date of the State party's latest submission (of 10 January 1980), Mr. Pinkney had neither sought leave to appeal nor an extension of the time allowed for appeal; and ф) that his appeal against sentence, a procedure of secondary importance in the circumstances of the communication, has been adjourned sine die and will be brought on at some time convenient to his counsel. 14. The State party has objected to the admissibility of these claims on the grounds that article 13 of the Covenant is inapplicable because it applies only to "an alien lawfully in the territory of a State Party", that ar­ ticle 14 (3) is not applicable because it applies only to "the determination of any criminal charge" and therefore cannot be invoked in relation to deportation proceedings, and furthermore that Mr. Pinkney failed to exhaust domestic remedies in that he did not appeal against the deportation order to the Immigration Ap­ peal Board within the time-limit established by law and, in so far as his complaints that the Special Inquiry Of­ ficer had not been impartial or had failed to give him a fair hearing were concerned, he had not raised these for review by the Federal Court of Canada, which, under the Federal Court Act, would quash a decision or order made by an officer in breach of either of these prin­ ciples. The State party has pointed out that Mr. Pinkney was at all relevant times represented by legal counsel whose responsibility it was to advise him of his rights of appeal and review. 10. The Human Rights Committee finds that Mr. Pinkney's complaints concerning his trial and convic­ tion and the dismissal of his appeal against conviction (his alleged difficulties in producing evidence to prove his innocence and the delay of more than two years in producing the trial transcripts) appear to raise questions of fact rather than law. The Committee therefore con­ cludes that in respect of these complaints there is no fur­ ther domestic remedy available to Mr. Pinkney which he should exhaust. 15. The Committee observes that Mr. Pinkney did not avail himself in time of his right of appeal against the deportation order and the reasons which he gives for his failure to do so did not, in the circumstances of the case, absolve him from exhausting this remedy. Nor has he availed himself of the right to have his case reviewed by the Federal Court of Canada in so far as he com­ plains of partiality and unfairness in the deportation proceedings. 11. The Committee has also to consider whether Mr. Pinkney's complaints referred to above are com­ patible with the provisions of the Covenant and in par­ ticular with article 14 (1) and (3) ф) which have been in­ voked by him. The Committee observes that allegations that a domestic court has committed errors of fact or law do not in themselves raise questions of violation of the Covenant unless it also appears that some of the re­ quirements of article 14 may not have been complied with. Mr. Pinkney's complaints relating to his alleged difficuhies in producing evidence in his defence and also the delay in producing the trial transcripts do appear to raise such issues. In addition to the provisions invoked by Mr. Pinkney, it may be necessary to consider the possible relevance of article 14 (3) (c) and (5). 16. These claims must therefore be considered inad­ missible under article 5 (2) ф) of the Optional Protocol, because domestic remedies have not been exhausted. (c) The claims concerning the alleged ill-treatment 17. The author of the communication alleges that he has been subjected to continual racial insults and illtreatment in prison. He claims. In particular, {a) that prison guards insulted him, humiliated him and physically ill-treated him because of his race, in viola­ tion of articles 10 (1) and 17 (1) of the Covenant, and Ф) that, during his pre-trial detention, he was not segregated from convicted persons, that his cor­ respondence was arbitrarily interfered with and that his treatment as an unconvicted person was far worse that that given to convicted persons, in violation of articles 10 (1) and (2) (a) and 17 (1) of the Covenant. (b) The claims concerning the deportation order 12. It appears that Mr. Pinkney's continued presence in Canada came to the attention of immigra­ tion officials after he was arrested in May 1976. Pro­ ceedings against him were initiated under the Immigra­ tion Act on 21 May 1976 and, on 10 November 1976, the Special Inquiry Officer, having legal authority under the Act to do so, issued an order of deportation against Mr. Pinkney, having determined that he was present in Canada contrary to the Immigration Act and therefore not "lawfully" in Canada. 18. The State party asserts that the Corrections Branch of the Department of the Attorney-General of British Columbia undertook two separate investigations of the allegations of racial insults and on both occasions found no apparent evidence to support his claims. Moreover, the State party maintains that these allega­ tions of the author appear in the context of sweeping and numerous accusations of wrong doing by various federal and provincial government officials and by the courts in Canada. It therefore submits that these allega­ tions should be considered to be "an abuse of the right of submission" and declared inadmissible under ar­ ticle 3 of the Optional Protocol. In so far as the com- 13. Mr. Pinkney alleges that the proceedings before the Special Inquiry Officer were not impartial, that he was denied a fair hearing, that the submission that he considered himself a political refugee was not given due consideration and that the Special Inquiry Office failed to inform him of his right to appeal against the deporta­ tion order to the Immigration Appeal Board and thus in effect deprived him of the right to have his case reviewed within the time-limit estabhshed by law. He alleges that in consequence the State party has violated articles 13 and 14 (1) and (3) ф) of the Covenant. 14