newspapers cited by the author were supportive
of the government then in force. Moreover, the
Committee notes that it does not appear that the
author instituted proceedings against those he
considered responsible for the defamation.
author’s rights under article 12 may be linked to
the violation of his right, under article 14, to a
fair trial.
5.4
On the other hand, the Committee does
not find that the author’s right, under article 14,
paragraph 2, to be presumed innocent until
proved guilty according to law was violated.
Whereas the remarks attributed to judges
involved in the case may have served to justify
delays or inaction in the judicial proceedings,
they cannot be deemed to encompass a predetermined judgement on the author’s innocence
or guilt.
6.
The Human Rights Committee, acting
under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil
and Political Rights, is of the view that the facts
before it disclose violations of articles 12,
paragraph 2, and 14, paragraph 1, of the
Covenant.
7.
The Committee is of the view that Mr.
González del Río is entitled, under article 2,
paragraph 3(a), of the Covenant, to an effective
remedy, including the implementation of the
decision of 15 September 1986, delivered in his
favour by the Constitutional Court. The State
party is under an obligation to ensure that similar
violations do not occur in the future.
5.5
Finally, the Committee considers that
what the author refers to as a libelous and
defamatory press campaign against him,
allegedly constituting an unlawful attack on his
honour and reputation, does not raise issues
under article 17 of the Covenant. On the basis of
the information before the Committee, the
articles published in 1986 and 1987 about the
author’s alleged involvement in fraudulent
procurement policies in various local and
national newspapers cannot be attributed to the
State party’s authorities; this is so even if the
8.
The Committee would wish to receive
information, within ninety days, on any relevant
measures taken by the State party in respect of
the Committee’s Views.
_______________
Communications Nos. 270/1988 and 271/1988
Submitted by: Randolph Barrett and Clyde Sutcliffe (represented by counsel)
Date of communication: 4 and 7 January 1988
Alleged victims: The authors
State party: Jamaica
Date of adoption of Views: 30 March 1992 (forty-fourth session)
Articles of the Optional Protocol: 2, 4(2) and
5(2)(b)
Subject matter: Death-row phenomenon
Procedural issues: State party failure to make a
submission on the merits—Non-exhaustion of
domestic remedies—Availability of effective
domestic remedies—Unreasonably prolonged
remedies
Rules of Procedure: Rules 86 and 94(3)
Individual opinion: Dissenting
Ms. Christine Chanet
opinion
by
1.
The authors of the communications are
Randolph Barrett and Clyde Sutcliffe, two
Jamaican citizens awaiting execution at St.
Catherine District Prison, Jamaica. They claim to
be victims of a violation of their human rights by
Jamaica. They are represented by counsel.
Although counsel only invokes a violation of
Substantive issues: Effective remedy—Right to
life—Inhumane treatment or punishment—Right
to a fair hearing
Articles of the Covenant: 6(1), 7, 10(1) and 14(1)
71
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