author’s specific allegations under articles 7, 9,
10 and 14, paragraph 3, of the Covenant.
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 disposal. The
summary dismissal of the author’s allegations, in
general terms, 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 sufficiently
substantiated.
Issues and proceedings before the Committee
5.1
On the basis of the information before it,
the Human Rights Committee concluded that the
conditions for declaring the communication
admissible had been met, including the
requirement of exhaustion of domestic remedies.
In this respect, the Committee considered that a
written judgement of the Court of Appeal of
Jamaica was a prerequisite for a petition for
special leave to appeal to the Judicial Committee
of the Privy Council. It observed that in the
circumstances, author’s counsel was entitled to
assume that any petition for special leave to
appeal would inevitably fail because of the lack
of a reasoned judgement from the Court of
Appeal: it further recalled that domestic remedies
need not be exhausted if they objectively have no
prospect of success.
5.5
As to the claim under articles 7 and 14,
paragraph 3(g), of the Covenant, the Committee
notes that the wording of article 14,
paragraph 3(g), - i.e., that no one shall “be
compelled to testify against himself or to confess
guilt” - must be understood in terms Of the
absence of any direct or indirect physical or
psychological pressure from the investigating
authorities on the accused, with a view to
obtaining a confession of guilt. A fortiori, it is
unacceptable to treat an accused person in a
manner contrary to article 7 of the Covenant in
order to extract a confession. In the present case,
the author’s claim has not been contested by the
State party. It is, however, the Committee’s duty
to ascertain whether the author has sufficiently
substantiated his allegation, notwithstanding the
State party’s failure to address it. After careful
consideration of this material, and taking into
account that the author’s contention was
successfully challenged by the prosecution in
court, the Committee is unable to conclude that
the investigating officers forced the author to
confess his guilt, in violation of articles 7 and 14,
paragraph 3(g).
5.2
On 17 October 1989, the Human Rights
Committee
declared
the
communication
admissible.
5.3
The Committee has noted the State
party’s submissions of 8 May and 4 September
1990, made after the, decision on admissibility,
in which it reaffirms its position that the
communication is inadmissible on the ground of
non-exhaustion of domestic remedies. The
Committee takes the opportunity to expand on its
admissibility findings, in the light of the State
party’s further observations. The State party has
argued that the Judicial Committee of the Privy
Council may hear a petition for special leave to
appeal even in the absence of a written
judgement of the Court of Appeal: it bases itself
on its interpretation of rule 4 juncto rule 1 of the
Privy Council’s Rules of Procedure. It is true that
the Privy Council has heard several petitions
concerning Jamaica in the absence of a reasoned
judgement of the Court of Appeal, but, on the
basis of the information available to the
Committee, all of these petitions were dismissed
because of the absence of a reasoned judgement
of the Court of Appeal. There is therefore no
reason to revise the Committee’s decision on
admissibility of 17 October 1989.
5.6
In respect of the allegations pertaining to
article 9, paragraphs 3 and 4, the State party has
not contested that the author was detained for
some five weeks before he was brought before a
judge or judicial officer entitled to decide on the
lawfulness of his detention. The delay of over
one month violates the requirement, in article 9,
paragraph 3, that anyone arrested on a criminal
charge shall be brought “promptly” before a
judge or other officer authorized by law to
exercise judicial power. Committee considers it
to be an aggravating circumstance that,
throughout this period, the author was denied
access to legal representation and any contact
with his family. As a result, his right under
article 9, paragraph 4, was also violated, since he
5.4
As to the substance of the author’s
allegations of violations of the Covenant, the
Committee notes with concern that several
requests for clarifications notwithstanding, the
State party has confined itself to the observation
that the facts as submitted seek to raise issues of
facts and evidence that the Committee is not
competent to evaluate; it has not addressed the
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