FINAL DECISIONS A. Decision declaring a decision admissible Communication No. 845/1999 Submitted by: Rawle Kennedy [represented by counsel] Alleged victim: The author State party: Trinidad and Tobago. Declared admissible: 2 November 1999 (sixty-seventh session) The author was tried between 14 and 16 November 1988 and was found guilty. The author appealed against his conviction and on 21 January 1992, the Court of Appeal allowed the appeal and ordered a retrial which took place between 15 and 29 October 1993. The author was again found guilty and sentenced to death. A new appeal was subsequently lodged, but the Court of Appeal refused leave to appeal on 26 January 1996, giving its reasons for doing so on 24 March 1998. The author's subsequent petition to the Judicial Committee of the Privy Council was dismissed on 26 November 1998. Subject matter: Mandatory death sentence following unfair trial Procedural issues: Re-accession to the Optional Protocol after denunciation - Re-accession with reservation - Committee’s competence to determine the validity of a reservation Compatibility of reservation with the object and purpose of the Optional Protocol Substantive issues: Right to be promptly informed of charges - Right to be brought promptly before a judge and to be tried without undue delay Right to life - Right not to be subjected to cruel or inhuman treatment 2.2 The case for the prosecution was that the victim, Norris Yorke, was at work in his gas station along with the supervisor, one Ms. Shanghie, on the evening of 3 February 1987. After close of business, when Mr. Yorke was checking the cash from the day's sale, the author and Mr. Matthews entered the station. The prosecution alleged that the author asked Ms. Shanghie for a quart of oil, and that when she returned after getting it, she found Mr. Yorke headlocked by the author, with a gun pointing to his forehead. At this point, Mr. Matthews allegedly told the author that Mr. Yorke had a gun which he was reaching for, and then rushed into the room and struck Mr. Yorke on the head several times with a length of wood before he went back out of the room. Mr. Yorke subsequently told the intruders to take the money. Then Ms. Shanghie, on Mr. Yorke's proposal, threw a glass at Mr. Matthews upon which the author pointed the gun at her and told her to be quiet. Mr. Matthews then ran and hit Mr. Yorke on the head a second time causing him to slump down. The two intruders then stole the money and escaped from the scene in a vehicle belonging to Mr. Yorke. Mr. Yorke died the next day from the wounds sustained during the robbery. Articles of the Covenant: articles 2, paragraph 3; 6, paragraphs 1, 2 and 4; 7; 9, paragraphs 2 and 3; 10, paragraph 1; 14, paragraphs 1, 3 (c) and 5; and 26 Articles of the Optional Protocol and Rules of Procedure: article 1, and (old) Rule 86. Finding: Admissible 1. The author of the communication is Rawle Kennedy, a citizen of Trinidad and Tobago, awaiting execution in the State prison in Port of Spain. He claims to be a victim of violations by Trinidad and Tobago of articles 2, paragraph 3; 6, paragraphs 1, 2 and 4; 7; 9, paragraphs 2 and 3; 10, paragraph 1; 14, paragraphs 1, 3 (c) and 5; and 26 of the International Covenant on Civil and Political Rights. He is represented by the London law firm Simons Muirhead & Burton. The facts as submitted by the author 2.1 On 3 February 1987, one Norris Yorke was wounded in the course of a robbery of his garage. He died the following day. The author was arrested on 4 February 1987, charged with murder along with one Wayne Matthews on 9 February 1987, and first brought before a magistrate on 10 February 1987. 2.3 Counsel argues that all available domestic remedies have been exhausted for the purposes of article 5, paragraph 2 (b), of the Optional Protocol. While a constitutional motion might be open to the author in theory, it is not available in practice due to 5