3.1 The authors claim to be innocent and allege that their trial was unfair. Both challenge their identification parade as irregular, since it allegedly was organized by police officers who sought to influence witnesses and conspired to ensure that the authors would be identified as those responsible for the death of the policemen. Mr. Sutcliffe adds, without giving further details, that he was denied contact with legal counsel until he was formally charged and denounces the “battered state” in which he was placed on the identification parade, which allegedly was the result of rough treatment he had been subjected to while in custody. article 7 of the International Covenant on Civil and Political Rights, it transpires from some of the authors’ submissions that they also allege violations of article 14. The facts as submitted by the authors 2.1 The authors were arrested on 10 and 11 July 1977, respectively, on suspicion of having murdered two policemen at the Runaway Bay police station in the parish of St. Ann. The prosecution contended that they belonged to a group of five men who had been stopped by the police in the context of the investigation of a robbery that had occurred at a nearby petrol station. One of the men (neither Mr. Barrett. nor Mr. Sutcliffe) took a sub-machine-gun out of a bag and opened fire on the police officers, killing two of them. The authors were subsequently charged with murder on the basis of “common design”; they denied having participated in the robbery and having been in the possession of stolen goods. 3.2 Mr. Barrett further submits that following his arrest by the Browns Town police and a brief stay in the hospital (where fragments of a bullet were removed from his ankle), he was kept in solitary confinement at the Ocho Rios police station, without being able to see a relative or a lawyer. When he was told that he would be placed on an identification parade, he protested that he was without legal representation. 2.2 The authors’ trial in the Home Circuit Court of Kingston began on 10 July 1978 and lasted until 27 July 1978. Both Mr. Barrett and Mr. Sutcliffe were represented by legal aid attorneys. In the course of the trial, an independent ballistics expert was to appear for the defence but did not arrive in court in time. The adjournment requested by Mr. Barrett’s attorney was refused by the judge. On 27 July 1978 the authors were found guilty as charged and sentenced to death. They appealed to the Jamaican Court of Appeal, which heard their appeals between 9 and 12 March 1981, dismissing them on 12 March: it produced a written judgement on 10 April 1981. 3.3 With respect to the conduct of the trial, Mr. Barrett claims, without further substantiating his claim, that the preparations for his defence were inadequate. He submits that he had no contact with his lawyer between the date of his conviction in July 1978 and the date of the issue of the warrant for his execution in November 1987. Letters addressed to this lawyer went unanswered. 3.4 With respect to the conditions of detention on death row, Mr. Sutcliffe submits that he was attacked by warders on several occasions. The most from his cell and beat him with batons and iron pipes until he lost consciousness. He was then locked in his cell for over 12 hours without either medical attention or food, despite the fact that he had sustained the fracture of an arm and other injuries to legs and ribs. It was only on the following day that he was taken to the hospital. He claims that he had to wait until his arm had healed before he could write to the Parliamentary Ombudsman about the incident. The Ombudsman promised to take up the matter, but the author states that he did not receive any further communication from him. Moreover, warders have allegedly threatened him so as to induce him not to pursue the matter further. 2.3 On 24 and 26 November 1987, respectively, warrants for the execution of Mr. Barrett and Mr. Sutcliffe, on 1 December 1987, were issued by the Jamaican authorities. Mr. Barrett’s former legal aid representative obtained a stay of execution on his client’s and on Mr. Sutcliffe’s behalf, with a view to filing a petition with the Judicial Committee of the Privy Council. In 1988, a London law firm agreed to represent the authors for purposes of filing a petition to the Judicial Committee of the Privy Council. On 22 July 1991, the petition was dismissed by the Judicial Committee, which, however, expressed concern about the judicial delays in the case. The complaint 3.5 Counsel further submits that the time spent on death row, over 13 years. amounts to 72

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