answered this question in the negative by
agreeing to consider the constitutional motion of
Pratt and Morgan. This is a clear example of the
usefulness of the complaint procedure.
19.
While only a few communications
involving the State party Jamaica had been
registered during the period covered by
volume 3, an enormous increase in
communications by Jamaican nationals awaiting
execution led to the application of stricter criteria
for the incorporation of such cases in volume 4..
These cases also showed the impact of the
Committee’s Views on the viability of legal
redress within the Jamaican domestic legal
system. After the Committee adopted its Views
in Earl Pratt and Ivan Morgan at its thirty-fifth
session (see Selected Decisions, vol. 3, p. 121),
the Committee considered in the Collins case
(para. 6.5) and the Wright case (para. 7.3)
whether an appeal to the Court of Appeal and the
Judicial Committee of the Privy Council
constituted “adequate means of redress” within
the meaning of the Jamaican Constitution. The
Supreme (Constitutional) Court had earlier
20.
In this connection, another issue began
to gain importance. In view of the fact that most
people awaiting execution had been held on
death row for a considerable period of time, the
Committee was confronted with the question of
whether such treatment could be considered
inhuman or degrading treatment under article 7
of the Covenant. In its Views in Barrett and
Sutcliffe (Nos. 270 and 271) the Committee
replied in the negative, reiterating that prolonged
judicial proceedings do not per se constitute
cruel, inhuman and degrading treatment, even if
they may be a source of mental strain and tension
for detained persons (para. 8.4).
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