declaring “that since the conviction and sentence are undermined by the record in this case, and that the appeals process did not permit for a correction, that the Government of Jamaica has violated the petitioner’s fundamental rights” under article 25 of the American Convention on Human Rights. The State party challenged this resolution by submission of 4 November 1988. occurred only shortly before the body was recovered, and when the author had already been in custody for about 20 hours. 2.5 On 3 September 1981, Mr. Cole was taken to the Spanish Town police station, where the author was then in custody. The author was brought out of a cell and identified by Mr. Cole as the man who had held the gun and threatened the driver of the yellow Cortina. He was not asked to identify Mr. Phillips before the trial and indicated that he would have been unable to identify him; during the trial, he could not identify Mr. Phillips. The complaint 3.1 Counsel contends that the State party violated several of the author’s rights under the Covenant. First, he claims that the author was subjected to ill-treatment by the police, which allegedly included the squirting of a corrosive liquid (Ajax) into his eyes, and that, as a result, he sustained injuries. 2.6 During the trial, the author made an unsworn statement from the dock. He asserted that he had borrowed the deceased’s car from a friend, to give his girlfriend a ride to Spanish Town. He denied having obtained a lift in this car on 28 August 1981, and affirmed that he was unaware that it had been stolen. He further claimed that he had been working at the garage where he was employed as a battery repairman until about midnight on the day of the crime. Finally, he denied having been in possession of any of the deceased’s jewellery. 3.2 Counsel further claims that the author was not afforded a fair hearing within the meaning of article 14, paragraph 1, of the Covenant. More specifically, the trial transcript reveals that the pathologist’s uncontested evidence, which had been produced by the prosecution, was overlooked by the defence and either overlooked or deliberately glossed over by the trial judge. This meant that the jury was not afforded an opportunity to properly evaluate this evidence which, if properly put, should have resulted in the author’s acquittal. In fact, according to the pathologist’s report, death occurred on 30 August 1981 at around 2 p. m., whereas Mr. Wright had been in police custody since approximately 6 p. m. on 29 August. It is submitted that no trial in which the significance of such crucial evidence was overlooked or ignored can be deemed to be fair, and that the author has suffered a grave and substantial denial of justice. 2.7 The author was tried with Winston Phillips. At the conclusion of the trial, the jury failed to return a unanimous verdict in respect of Mr. Phillips, who was released on bail and ordered to be retried. The author was found guilty as charged, convicted and sentenced to death. He appealed to the Court of Appeal of Jamaica which, or. 11 July 1986, dismissed his appeal. On 24 September 1986 the court issued a written judgment. On 8 October 1987, the Judicial Committee of the Privy Council dismissed the author’s petition for special leave to appeal. 3.3 It is further alleged that throughout the trial, the judge displayed a hostile and unfair attitude towards the author as well as his representatives. Thus, the judge’s observations are said to have been partial and frequently veined with malice, his directions on identification and on recent possession of stolen property biased. In this context, it is pointed out that no identification parade was held in the case and that the judge, in his summing up, endorsed the prosecution’s contention that it was inappropriate to conduct an identification parade in the circumstances of the case. The judge also allegedly made highly prejudicial comments on the author’s previous character and emphatically criticized the way in which the defence 2.8 On 13 February 1984, the author submitted a complaint to the Inter-American Commission on Human Rights, claiming that he had been the victim of a miscarriage of justice. The Commission registered the case under No. 9260 and held a hearing on 24 March 1988. The State party argued that the author had not exhausted domestic remedies because he had failed to avail himself of constitutional remedies in Jamaica. The Commission requested further information as to whether such remedies were effective within the meaning of article 46 of the American Convention on Human Rights; the State party did not reply. On 14 September 1988, the Commission approved resolution No. 29/88, 101