Notwithstanding the author’s repeated requests, they were not called. As author’s counsel had been privately retained, his decision not to call these witnesses cannot, however, be attributed to the State party. In the view of the Committee, counsel’s failure to call defence witnesses did not violate the author’s right under article 14, paragraph 3(e). proceedings before the Portland Magistrates Court resulted in a denial of justice for Mr. Collins during his re-trial in the Home Circuit Court of Kingston. The author has not even alleged in which respect the instructions given by the judge to the jury were either arbitrary or reflected partiality. The Committee further notes that the verdict of the jury necessarily entailed a mandatory death sentence, by which the judge was bound. Secondly, the Committee notes that, although the author states that he apprised his counsel of the judge’s alleged bias towards him, counsel opined that it was preferable to let the trial proceed. Nor was the matter raised on appeal, although the author’s case was at all times in the hands of a professional adviser. Even if the remark was indeed made, in the absence of clear evidence of professional negligence on the part of counsel, it is not for the Committee to question the latter’s professional judgement. In the circumstances, the Committee finds no violation of article 14, paragraphs 1 and 2. 8.6 As to the author’s allegations of illtreatment on death row, the Committee observes that the State party has not addressed this Claim, in Spite of the Committee’s request that it do so. It further notes that the author brought his grievances to the attention of the prison authorities, including the Superintendent of St. Catherine District Prison, and to the Parliamentary Ombudsman, and swore affidavits in this context. Apart from the relocation of some prison warders involved in the ill-treatment of the author on 28 May 1990, however, the Committee has not been notified whether the investigations into the author’s allegation have been concluded some 18 months after the event, or whether, indeed, they are proceeding. In the circumstances, the author should be deemed to have complied with the requirement of exhaustion of domestic remedies, pursuant to article 5, paragraph 2 (b), of the Optional Protocol. With respect to the substance of the allegation and in the absence of any information to the contrary from the State party, the Committee finds the allegations substantiated and considers that the treatment of Mr. Collins on 28 May 1990 and on 10 September 1990 reveals a violation of article 10, paragraph 1. 8.4 Similar considerations apply to the alleged attempts at jury tampering by the investigating officer in the case. In a trial by jury, the necessity to evaluate facts and evidence independently and impartially also applies to the jury; it is important that all the jurors be placed in a position in which they may assess the facts and the evidence in an objective manner, so as to be able to return a just verdict. On the other hand, the Committee observes that where alleged improprieties in the behaviour of jurors or attempts at jury tampering come to the knowledge of either of the parties, these alleged improprieties should have been challenged before the court. In the present case, the author claims that his counsel was informed, on 27 October 1983, that Detective G., the investigating officer, had sought to influence members of the jury. Counsel neither conveyed this information to the judge nor sought to challenge the jurors allegedly influenced by Detective G.; in the Committee’s opinion, if it had been thought that the complaint was tenable, it would have been raised before the courts. Accordingly, the Committee cannot conclude that Mr. Collins’ rights under article 14, paragraphs 1 and 2, were violated by the State party in this respect. 8.7 As to the author’s claim under article 7, the Committee observes that it equally has not been refuted by the State party. The claim having been sufficiently substantiated, the Committee concludes that the beatings Mr. Collins was subjected to by three prison warders on 28 May 1990, as well as the injuries he sustained as a result of another assault on 10 September 1990, constitute cruel, inhuman and degrading treatment within the meaning of article 7 of the Covenant. 9. 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 a violation of articles 7 and 10, paragraph 1, of the Covenant. 8.5 As to the author’s claim of a violation of article 14, paragraph 3(e), the Committee notes that at least two witnesses who would have been willing to testify on the author’s behalf were present in the courtroom during the re-trial. 10. Two consequences follow from the findings of a violation by the Committee. The 59