Communication No. 349/1989
Submitted by: Clifton Wright (represented by counsel)
Date of communication: 12 January 1989
Alleged victim: The author
State party: Jamaica
Date of adoption of Views: 27 July 1992 (forty-fifth session)
testified that after they left the car, Mr. Phillips
remained in the vicinity of the vehicle, looking
up and down the road, while the author stayed in
the car and held a gun to the driver’s neck.
Realizing that he was witnessing a hold-up, he
first walked casually away from the scene, and
only then began running. From a distance, he saw
the car driving away with its lights turned off.
Subject matter: Denial of a fair trial by an
independent and impartial tribunal in a capital
punishment case
Procedural issues: Available remedy—
Exhaustion of domestic remedies
Substantive issues: Effective remedy—Right to
life—Permissibility of death sentence under the
Covenant—Right to humane treatment—Right to
a fair hearing—Right to a fair trial—Right to
adequate time to prepare one’s defence—
Equality of arms
2.2
The author was arrested on 29 August
1981 at about 6 p.m., together with Winston
Phillips. He had been seen driving
Mr. McDonald’s car by a friend of the latter; the
car had been reported stolen on the same day.
Both the author and Mr. Phillips were brought to
the Waterford police station, where they were
searched and found to be in possession of pieces
of jewellery that the wife of the deceased later
identified as belonging to her husband. The
author submits that when they were arrested, the
police could net possibly have known about the
murder, since the deceased’s body was recovered
only in the afternoon of the next day, in a
canefield close to where he had dropped off
Messrs. Cole and Phillips.
Articles of the Covenant: 2(3)(a), 6(1) and 6(2),
10(1) and 14(1); and 14(3)(b) and (e)
Article of the Optional Protocol: 5(2)(b)
Rules of procedure: Rule 94(3)
Individual opinion: Dissenting opinion by
Mr. Bertil Wennegren
1.
The author of the communication dated
12 January 1989 is Clifton Wright, a Jamaican
citizen currently awaiting execution at
St. Catherine District Prison, Jamaica. He claims
to be a victim of violations by Jamaica of
article 14, paragraphs 1 and 3 (b) and (e), of the
International Covenant on Civil and Political
Rights. He is represented by counsel.
2.3
No identification parade was held after
the arrest of the accused on 29 August 1981,
allegedly because a mob had sought to attack
them at the police station when it became known
that the deceased’s jewellery had been found on
them. The authors were moved to the Spanish
Town police station thereafter, and Mr. Phillips
was admitted to the hospital. No identification
parade was conducted in Spanish Town, either,
as the police officers conducting the investigation
felt that because of the events at the Waterford
police station, a parade would be unnecessary or
even suspect.
The facts as submitted by the author
2.1
The author was convicted and sentenced
to death on 29 March 1983, in the Home
Circuit Court of Kingston, for the murder of
Louis McDonald. The prosecution’s case was
that the deceased was last seen by his family in
the afternoon of 28 August 1981. That evening,
one Silvester Cole, a witness in the case, was
trying to obtain a lift at a road junction in
Kingston. The author and his co-defendant,
Winston Phillips, were similarly waiting for a lift
at the same junction. All three were picked up by
a yellow Ford Cortina motor car: Mr. Cole and
Mr. Phillips stopped after approximately two
miles and left the vehicle. In court, Mr. Cole
2.4
A
post-mortem
was
performed
on 1 September 1981 at about 1 p. m. by
Dr. Lawrence Richards. According to his
evidence during the trial, which remained
unchallenged,
death
had
occurred
an
estimated 47 hours before, at around 2 p.m.
on 30 August 1981, as a result of gunshot
injuries inflicted no more than 10 to 20 minutes
before death. Thus, it is submitted that death
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