The author claims that G.’s tampering with jury members, including the foreman of, the jury, during the re-trial, as well as his intimidation of a key defence witness who might otherwise have testified on his behalf, constitute a serious violation of his rights under article 14, paragraphs 1 and 2. contrary to Section 192, paragraph 3, of the Jamaican Prisons Act 1947. When the author sought to invoke his rights under this provision, he was subjected to severe beatings by three warders, one of whom hit him several times with a heavy riot club. His counsel complained of the treatment to the authorities and the Parliamentary Ombudsman; no follow-up on the complaint has been notified to the author or to his counsel, although the author has served notice of his desire to see the behaviour of the warders sanctioned. On several subsequent occasions, in particular on 10 September 1990 when he complained to a warder who had been interfering with his mail and sometimes withholding it altogether, the author was physically assaulted; as a result, he was, injured on his hand, which required medical attention and several stitches to mend his injury. 3.3 The author affirms that the conduct of his defence by H. C. during the second trial, in its effect, deprived him of a fair trial and violated his right, under article 14, paragraph 3(e), to have witnesses testify on his behalf under the same conditions as the witnesses against him. Thus, counsel did not call several witnesses who were present in court throughout the re-trial and ready to testify on his behalf, including B. H. and Bl. H.; nor did he arrange for the author’s bank manager to testify at the re-trial, although he had given evidence at the first trial. The complaint 3.4 It is further submitted that the non-availability of the author’s alibi evidence during the re-trial was particularly crucial, in the light of the weakness of the prosecution’s case which was based on the evidence of a witness who had initially been detained in connection with the murder and who, at the time of his testimony, had just served a prison term of 18 months for the theft of three cars. These circumstances are said to corroborate the author’s claim of a violation of article 14, paragraphs 1 and 3(e): the absence of defence evidence violated a fundamental prerequisite of a fair trial, and H. C. ‘s failure to ensure that defence evidence be put before the court is said to constitute a gross violation of the author’s rights. 3.1 The author contends that the conduct of his re-trial in October 1983 violated article 14, paragraphs 1, 2, and 3(e), of the Covenant. In particular, he submits that the judge was biased against him, as manifested by his previous statement made in the Portland Magistrates Court. In the author’s opinion, the appointment of the judge violated his rights to equality before the court, to a fair hearing by an impartial tribunal, and to be presumed innocent until found guilty according to law. In this context, he explains that it is a general rule of criminal procedure in Jamaica that the judge presiding over a trial should not have any prior involvement in the case, and no prior involvement with the defendant, unless such prior involvement is notified to all the parties and no objections are raised. It is further explained that the rationale for the general rule is that the presentation of the evidence at preliminary hearings in criminal cases is not subject to the same strict rules of evidence governing a trial, and that it is, accordingly, considered wrong for a trial judge to have heard evidence in those circumstances at an earlier stage of the proceedings. No such procedure was followed in the author’s case. 3.5 The author submits that the beatings he was subjected to on death row in May and September 1990, as well as the interference with his correspondence, constitute violations of his rights under articles 7 and 10, paragraph 1, of the Covenant. He adds that Detective G. is now in charge of crime prevention in the parish of St. Catherine, where the prison is located, and expresses fear that G. may use his position for further attacks on his integrity. 3.6 Finally, the author’s detention in the death row section of St. Catherine District Prison since 26 October 1963 is said to constitute a separate violation of article 7, as the severe mental stress suffered by the author due to the continued uncertainty about his situation is not a function of legal but primarily political considerations. 3.2 As to the claim of jury tampering by Detective G., the author explains that although such allegations are rare in capital cases, they are not unheard of in Jamaica. In his case, Detective G. took charge of a police investigation in a matter in which he was personally involved through his family links with C. E., whom the author suspected of having killed Mr. Johnson. 54