General of Jamaica2, where it held that the Constitution of Jamaica intended to prevent the enactment of unjust laws and not merely, as claimed by the applicants, unfair treatment under the law. Furthermore, even if it were considered that a constitutional remedy were available to the author in theory, it would be unavailable to him in practice since he lacks the resources to secure private legal representation, and no legal aid is made available for the purpose of constitutional motions. Reference is made in this context to the established jurisprudence of the Committee. was a long delay in the preparation of the trial transcript. It further transpires from correspondence between the author and the Jamaica Council for Human Rights that the Council was informed on 26 June 1986 that the author's appeal was still pending. On 10 June 1987, the Council asked the Registrar of the Court of Appeal to forward the Notes of Evidence in the case. This request was reiterated in November and in December 1987. On 23 February 1988, the Council informed the author that it was unable to assist him, as it had still not received the trial transcript. The delays encountered in making available to the author the trial transcript and a reasoned summing up of the judge are said to have effectively denied him his right to have conviction and sentence reviewed by a higher tribunal according to law. The complaint 3.1 It is argued that the author was detained on death row for over 10 years, and that if he were to be executed after such a delay, this would amount to cruel and degrading treatment and/or punishment, in violation of article 7 of the Covenant. In substantiation of his claim, counsel refers to the findings of the Judicial Committee of the Privy Council in Pratt and Morgan v. Attorney-General of Jamaica and of the Supreme Court of Zimbabwe in a recent case. The fact that the author was held on death row for so long under the appalling conditions of detention at St. Catherine District Prison is said to amount in itself to a violation of article 7. 3.4 It is further submitted that the trial judge's failure to direct the jury adequately as to which findings of facts arising in the case might have allowed a verdict of manslaughter, amounted to a violation of article 14, paragraph 1, of the Covenant. 3.5 Finally, counsel argues that the imposition of a capital sentence upon completion of a trial in which the provisions of the Covenant were violated amounts to a violation of article 6, paragraph 2, of the Covenant, if no further appeal against the sentence is available. 3.2 Counsel contends that the beatings to which his client was subjected during police interrogation amount to a violation of articles 7 and 10, paragraph 1, of the Covenant. He recalls that the author did inform his lawyer about the beatings, that the lawyer raised the issue during the trial, that the author himself repeated his claim in a sworn and an unsworn statement during the trial, and that his codefendant corroborated his version. By reference to the Committee's jurisprudence3 counsel argues that the physical and psychological pressure exercised by the investigating officers on the author, with a view to obtaining a confession of guilt, violates article 14, paragraph 3 (g), of the Covenant. State party's information and observations and counsel's comments thereon 4.1 In its observations of 13 February 1995, the State party does not formulate objections to the admissibility of the case and offers, "in the interest of expedition and in the spirit of cooperation", comments on the merits of the communication. 4.2 With regard to the claim that the length of time spent on death row constitutes a violation of article 7, the State party contends that the judgment of the Judicial Committee of the Privy Council of 2 November 1993 in Pratt and Morgan v. AttorneyGeneral of Jamaica is not necessarily dispositive of all other cases where a prisoner has been held on death row for over five years. Rather, each case must be considered on its merits. In support of its argument, the State party refers to the Committee's Views in the case of Pratt and Morgan, where it was held that delays in the judicial proceedings did not per se constitute cruel, inhuman and degrading treatment within the meaning of article 7. 3.3 Counsel further alleges that the delay of 51 months between the author's trial and the dismissal of his appeal constituted a violation of article 14, paragraphs 3 (c) and 5, of the Covenant, and refers to the Committee's jurisprudence on this issue4. He forwards a copy of a letter from the author's lawyer in Jamaica, who indicates that there 2 2 All E.R. 469 (1982). 3 See Views on communication No. 253/1987 (Paul Kelly v. Jamaica), adopted on 8 April 1991. 4.3 The State party notes that it is investigating the author's allegations of ill-treatment during interrogation and promises to transmit its findings "as soon as the investigations are complete". As of 16 October 1995, the results of said investigations had not been forwarded to the Committee. 4 e.g. Views on case No. 230/1987 (Henry v. Jamaica), adopted 1 November 1991, para. 8.4; case No. 282/1988 (Leaford Smith v. Jamaica), Views adopted 31 March 1993, para. 10.5; and case No. 203/1986 (Muñoz Hermosa v. Peru), Views adopted 4 November 1988, para. 11.3. 128