defendant: (a) blood-stained clothing that was found in a latrine at the house where the accused lived; (b) the presence of a motive; and (c) the oral evidence tendered by the sister of the author and the brother of Trevor Collins. In particular, the testimony of the author’s sister was important as to the identification of the clothes found in the latrine. According to the prosecution, the author and Mr. Collins had fled the district after the murder. Mr. Collins brother testified that the accused had borrowed a suitcase from him in the early hours of the morning following the murder. Articles of the Optional Protocol: 2, 4(2) and 5(2)(b) Rules of procedure: Rules 86 and 94(3) Individual opinions: Partly dissenting opinions by Mr. Waleed Sadi and Mr. Bertil Wennergren 1. The author of the communication (initial submission dated 15 September 1987 and subsequent correspondence) is Paul Kelly, a Jamaican citizen awaiting execution at St. Catherine District Prison, Jamaica. He claims to be the victim of a violation by Jamaica of articles 6, paragraph 2; 7; 9, paragraphs 3 and 4; 10; and 14, paragraphs 1 and 3(a)-(e)and (g), of the International Covenant on Civil and Political Rights. He is represented by counsel. 2.4 The author challenged the prosecution’s contention that his statement of 15 September 1981 had been a voluntary one. In an unsworn statement from the dock, he claimed to have been beaten by the police, who had tried to force him to confess to the crime. He affirms that the police tried to have him sign a “blanko” confession, and that he withstood the beatings and refused to sign any papers presented to him. He further maintains that he never made a statement to the police and that he knows nothing about the circumstances of Mr. Jamieson’s death. The facts as submitted by the author 2.1 The author was arrested and taken into custody on 20 August 1981. He was detained until 15 September 1981 without formal charges being brought against him. Following a statement to the police given on 15 September 1981, he was charged with having murdered Owen Jamieson on 2 July 1981. He was tried with a codefendant, Trevor Collins, in the Westmoreland Circuit Court between 9 and 15 February 1983. He and Mr. Collins were found guilty of murder and sentenced to death. On 23 February 1983, the author appealed his conviction: on 28 April 1986, the Jamaican Court of Appeal dismissed his appeal without producing a reasoned judgement. On appeal, author’s counsel merely stated that he found no merit in arguing the appeal. Because of the absence of a reasoned judgement of the Court of Appeal, the author has refrained from further petitioning the Judicial Committee of the Privy Council for special leave to appeal. Complaint 3.1 The author alleges a violation of articles 7 and 14, paragraph 3(g), of the Covenant on the ground that he was threatened and beaten by the police, who tried to make him give and sign a confession. Although the police sought to dismiss his version during the trial, the author contends that several factors support his claim: his voluntary confession” was not obtained until nearly four weeks after his arrest: no independent witness was present at the time when he purportedly confessed and signed his statement; and there were numerous inconsistencies in the prosecution’s evidence relating to the manner in which his statement was obtained. 3.2 The author further notes that 26 days passed between his arrest (20 August 1981) and the filing of formal charges against him (15 September 1981). During this time, he claims, he was not allowed to contact his family nor to consult with a lawyer, in spite of his requests to meet with one. After he was charged, another week elapsed before he was brought before a judge. During this period, his detention was under the sole responsibility of the police, and he was unable to challenge it. This situation, he contends, reveals violations of article 9, paragraphs 3 and 4, in that he was not “brought promptly before a judge or other officer 2.2 The evidence relied on during the trial was that on 1 July 1981 the author and Mr. Collins had sold a cow to Basil Miller and had given him a receipt for the sale. According to the prosecution, the cow had been stolen from Mr. Jamieson, who had visited Mr. Miller’s home on the afternoon of 1 July and had identified the cow as his property. The accused had then purportedly killed Mr. Jamieson in the belief that he had obtained the receipt from Mr. Miller implicating them in the theft of the cow. 2.3 During the trial, the prosecution adduced certain evidence against the author and his co- 61