could not be the case that the Committee expects
a reply on each and every allegation made by the
applicant, since some of these are patently
unmeritorious.”
Decision on admissibility and review thereof
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.
Accordingly, on 24 July 1989, the Human Rights
Committee
declared
the
communication
admissible.
5.5
With regard to the State party’s
objection that the Committee’s decision on
admissibility was too broad, the Committee notes
that the author’s allegations were sufficiently
precise and substantiated so as to allow the State
party to address them. As to the merits of the
author’s allegations, it is for the Committee to
consider them after declaring the communication
admissible, in light of all the information
provided by both parties.
5.2
The Committee has noted the
State party’s submissions of 10 January
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.
5.6
With regard to the State party’s
arguments on admissibility, especially in respect
of the availability of constitutional remedies
which the author may still pursue, the Committee
recalls that the Supreme Court of Jamaica has, in
recent cases, allowed applications for
constitutional redress in respect of breaches of
fundamental rights, after the criminal appeals in
these cases had been dismissed.
5.3
On 24 July 1991, the Committee
adopted an interlocutory decision requesting the
State party to furnish detailed information on the
availability of legal aid or free legal
representation for the purpose of constitutional
motions, as well as examples of such cases in
which legal aid may have been granted or free
legal representation may have been procured by
the applicant. The State party was further
requested to submit to the Committee written
explanations or statements relating to the
substance of the author’s allegations.
5.7
However, the Committee notes that by
submission of 14 January 1992, the State party
indicated that legal aid is not provided for
constitutional motions; it also recalls that the
State party has argued, by submission of 10
October 1991 concerning another case2 that it has
no obligation under the Covenant to make legal
aid available in respect of such motions, as they
do not involve the determination of a criminal
charge, as required under article 14, paragraph 3
(d), of the Covenant. In the view of the
Committee, this supports the finding, made in the
decision on admissibility, that a constitutional
motion is not an available remedy for an author
who has no means of his own to pursue it. In this
context, the Committee observes that the author
does not claim that he is absolved from pursuing
constitutional remedies because of his indigence;
rather it is the State party’s unwillingness or
inability to provide legal aid for the purpose that
renders the remedy one that need not be pursued
for purposes of the Optional Protocol.
5.4
On 14 January 1992, the State party
reiterates its position that the communication is
inadmissible for non-exhaustion of domestic
remedies and requests the Committee to revise its
decision on admissibility. It submits that there is
no provision for legal aid or free legal
representation in constitutional motions. With
regard to the Committee’s decision that the
communication is admissible in so far as it may
raise issues under article 14 of the Covenant, the
State party demurs that article 14 has seven
paragraphs and that it is not clear to what
particular paragraph the finding of admissibility
relates. “The Committee should indicate the
specific provisions of article 14 or indeed of any
of the articles to which its findings of
admissibility relate, and in relation to which,
therefore, Government is being asked to reply;
additionally, the Committee must indicate the
allegation made by the applicant which has given
rise to the finding of admissibility in relation to a
particular paragraph of article 14 or any other
article. Failure by the Committee to provide this
indication will leave the Government in the dark
as to the precise allegation and breach to which it
must respond in commenting on the merits. For it
5.8
The Committee further notes that the
author was arrested in 1981, tried and convicted
in 1983, and that his appeal was dismissed
2
Communication No. 283/1988 (Aston Little v.
Jamaica), Views adopted on 1 November 1991.
50
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