officer, and the alleged intimidation of witnesses
by the same officer, violated the aforementioned
provisions; (c) whether the failure of author’s
counsel in the re-trial to call witnesses on his
behalf violated article 14, paragraph 3 (e); and
(d) whether the author’s alleged ill-treatment on
death row amounts to violations of articles 7
and 10.
irregularities in the administration of justice, or
that it would consider itself competent to inquire
into the conduct of a criminal case. Such matters,
however, are central to the author’s complaint,
which does not otherwise raise legal issues of
general or public interest. In this context, the
Committee notes that the evaluation of evidence
and the summing up of relevant legal issues by
the judge was neither arbitrary nor-amounted to a
denial of justice, and that the judgement of the
Court of Appeal clearly addressed the grounds of
appeal.
8.2
Concerning
the
substance
of
Mr. Collins’ allegations, the Committee regrets
that several requests for clarifications
notwithstanding (requests which were reiterated
in two interlocutory decisions adopted after the
decision on admissibility of 2 November 1988),
the State party has confined itself to the
observation that the facts relied upon by the
author seek to raise issues of facts and evidence
that the Committee is not Competent to evaluate.
The Committee cannot but interpret this as the
State party’s refusal to cooperate under article 4,
paragraph 2, of the Optional Protocol. Article 4,
paragraph 2, of the Optional Protocol enjoins a
State party to investigate in good faith all the
allegations of violations of the Covenant made
against it and its judicial authorities, and to make
available to the Committee all the information at
its The summary dismissal of the author’s
allegations, as in the present case, does not meet
the requirements of article 4, paragraph 2. In the
circumstances, due weight must be given to the
author’s allegations, to the extent that they have
been credibly substantiated.
7.5
In the particular circumstances of the
case, therefore, the Committee finds that a
petition for leave to appeal to the Judicial
Committee of the Privy Council would have no
prospect of success; accordingly, it does not
constitute an effective remedy within the
meaning of the Optional Protocol.
7.6
Similar considerations apply to the
author’s possibility of obtaining the redress
sought by applying for constitutional redress in
the Supreme (Constitutional) Court. A remedy is
not “available” within the meaning of the
Optional Protocol where, as in the instant case,
no legal aid is made available in respect of
constitutional motions, and no lawyer is willing
to represent the author for this purpose on a pro
bono basis. The Committee further reiterates that
in capital punishment cases, legal aid should not
only be made available; it should also enable
counsel to prepare his client’s defence in
circumstances that can ensure justice.3
8.3
The Committee does not accept the State
party’s contention that the communication
merely seeks to raise issues of facts and evidence
which the Committee does not have the
competence to evaluate. It is the Committee’s
established jurisprudence that it is in principle for
the appellate courts of States parties to the
Covenant to evaluate facts and evidence in a
particular case or to review specific instructions
to the jury by the judge, unless it can be
ascertained that the instructions to the jury were
clearly arbitrary or amounted to a denial of
justice, or that the judge clearly violated his
obligation of impartiality.4 In the present case,
the Committee has been requested to examine
matters in this latter category. After careful
consideration of the material before it, the
Committee cannot conclude that the remark
attributed to Justice G. in the committal
7.7
For the reasons above, the Committee
finds that a petition for special leave to appeal to
the Judicial Committee of the Privy Council and
a constitutional motion in the Supreme
(Constitutional) Court are not remedies that the
author would have to exhaust for purposes of the
Optional Protocol. It therefore concludes that
there is no reason to reverse its decision on
admissibility of 2 November 1986.
8.1
With respect to the alleged violations of
the Covenant, four issues are before the
Committee: (a) whether the conduct of the
author’s re-trial by a judge with a previous
involvement in the case violated the author’s
rights under article 14, paragraphs 1 and 2, of the
Covenant; (b) whether the alleged tampering
with members of the jury by the investigating
4
See ibid., Forty-sixth Session, Supplement No. 40
(A/46/40), annex XI, sect. D, communication
No. 253/1987 (Paul Kelly v. Jamaica), Views adopted
on 8 April 1991, para. 5.13.
3
See ibid., annex IX, sect. J, communication
No. 250/1987 (Carlton Reid v. Jamaica), Views
adopted on 20 July 1990, para. 13.
58
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