information and clarifications from the State
party in respect of the authors’ allegations under
articles 7 and 10 of the Covenant.
cruel, inhuman and degrading treatment within
the meaning of article 7 of the Covenant. In this
context, it is argued that the execution of a
sentence of death after a long period of time is
widely recognized as cruel, inhuman and
degrading, on account of the prolonged and
extreme anguish caused to the condemned man
by the delay.1 This anguish is said to have been
compounded by the issue of death warrants to the
authors in November 1987.
Review of admissibility
6.1
By submissions of 23 and 30 January
1992, the State party challenges the decision on
admissibility and reiterates that the complaints
remain inadmissible on the ground of nonexhaustion of domestic remedies. In respect of
the alleged violations of article 7 (ill-treatment
on death row and anguish caused by prolonged
detention on death row), it submits that the
authors may file for constitutional redress under
section 25 of the Jamaican Constitution, for
violations of their rights protected by section 17.
A decision of the Constitutional Court may be
appealed to the Court of Appeal of Jamaica and
to the Judicial Committee of the Privy Council.
3.6
As to the delays encountered in the
judicial proceedings in the case, counsel notes
that in spite of repeated requests for legal aid, it
was only in 1988 that the authors succeeded in
obtaining the pro bono services of a London law
firm, for purposes of petitioning the Judicial
Committee of the Privy Council. Several court
documents deemed necessary for the preparation
of the Petition for special leave to appeal could
not be obtained until March 1991: accordingly,
such delays as did occur cannot be attributed to
the authors.
6.2
The State party affirms that such delays
as occurred in the judicial proceedings are
attributable to the authors, who failed to avail
themselves of their right to appeal against
conviction and sentence in an expeditious
manner. As there is no indication that the State
party was responsible for any of these delays by
either act or omission, the State party cannot be
deemed to be in breach of article 7.
The State party’s observations on admissibility
4.
The State party contended, in
submissions dated 20 July 1988 and 10 January
1990, that the communications were inadmissible
on the ground of non-exhaustion of domestic
remedies, since the authors retained the right to
Petition the Judicial Committee of the Privy
Council for special leave to appeal. It enclosed a
copy of the written judgement of the Court of
Appeal in the case, adding that it would have
been available, upon request, to authors’ counsel
after its delivery on 10 April 1981.
6.3
The
State
party
adds
that
notwithstanding the inadmissibility of the claims
under article 7, “it will, prompted by
humanitarian considerations, take steps to have
investigated the allegations concerning the
conditions [of detention]on death row and brutal
acts [in] the prison”.
Committee’s admissibility decision and request
for further information
7.1
The Committee has taken due note
of the State party’s submissions, dated 23 and
30 January 1992, that the communications
remain inadmissible on account of the authors’
failure to resort to constitutional remedies.
5.1
On 21 July 1989, the Committee
declared the communications admissible, noting
that the authors’ appeal had been dismissed in
1981 and that, in the circumstances, the pursuit
of domestic remedies had been unreasonably
prolonged.
7.2
The
same
issues
concerning
admissibility have already been examined by the
Committee in its views on communications
Nos. 230/1987 (Henry v. Jamaica) and 283/1988
(Little v. Jamaica).2 In the circumstances of those
5.2
During its forty-second session, the
Committee
further
considered
the
communications; it decided to request additional
2
See Official Records of the General Assembly, Fortyseventh Session, Supplement No. 40 (A/47/40), annex
IX, sect. B, communication No. 230/1987, Views
adopted on 1 November 1991, paras. 7.2–7.4; and
sect. J, communication No. 283/1988, Views adopted
on 1 November 1991, paras. 7.2–7.5.
1
Reference is made to the judgement of the United
States Supreme Court in Furman v. Georgia (1972)
408 US 238, quoted in the dissenting opinion in Riley
& others v. Att. General of Jamaica (1982) 2 All ER
469, at 479a.
73
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