in Port-of-Spain. The length of detention on death
row in this case is unprecedented and a matter of
serious concern. However, it remains the
jurisprudence of the Committee that the length of
detention on death row does not, per se, amount to a
violation of articles 7 or 10, paragraph 1. The
Committee’s detailed Views on this issue were set
out in the Views on communication No. 588/1994
(Errol Johnson v. Jamaica)3. Because of the
importance of the issue, the Committee deems it
appropriate to reiterate its position.
for the applicants in the case of Pratt and Morgan v.
Attorney-General of Jamaica.
Committee’s admissibility decision
4.1 During its 55th session, the Committee
considered the admissibility of the communication.
It noted that no submission under rule 91 had been
received from the State party, in spite of a reminder
addressed to it on 6 December 1994. The State party
had merely forwarded a list with the names of
individuals whose death sentences were commuted
following the judgment of the Judicial Committee of
the Privy Council in the case of Pratt and Morgan;
the author’s name had been included in that list.
While welcoming this information, the Committee
noted that the author’s claims under the Covenant
had not been made moot by the commutation of the
death sentence. As the State party had failed to
provide information under rule 91, due weight had to
be given to the author’s allegations, to the extent that
they had been sufficiently substantiated.
5.3 In assessing whether the mere length of
detention on death row may constitute a violation of
articles 7 and 10, the following factors must be
considered:
(a)
The Covenant does not prohibit the
death penalty, though it subjects its use to severe
restrictions. As detention on death row is a necessary
consequence of imposing the death penalty, no
matter how cruel, degrading and inhuman it may
appear to be, it cannot, of itself, be regarded as a
violation of articles 7 and 10 of the Covenant.
4.2 As to the claims under articles 7 and 10,
paragraph 1, the Committee observed that the State
party had itself commuted the author’s death
sentence, so as to comply with the guidelines
formulated by the Judicial Committee of the Privy
Council in the case of Pratt and Morgan v. AttorneyGeneral. The State party had not informed the
Committee of the existence of any further remedies
in respect of these claims; indeed, its silence in this
respect constituted an admission that no such
remedies existed.
(b)
While the Covenant does not prohibit
the death penalty, the Committee has taken the view,
which has been reflected in the Second Optional
Protocol to the Covenant, that article 6 "refers
generally to abolition in terms which strongly
suggest that abolition is desirable". Reducing
recourse to the death penalty may therefore be seen
as one of the objects and purposes of the Covenant.
(c)
The provisions of the Covenant must
be interpreted in the light of the Covenant’s objects
and purposes (article 31 of the Vienna Convention
on the Law of Treaties). As one of these objects and
purposes is to promote reduction in the use of the
death penalty, an interpretation of a provision in the
Covenant that may encourage a State party that
retains the death penalty to make use of that penalty
should, where possible, be avoided.
4.3 On 12 October 1995, the Committee declared
the communication admissible in so far as it
appeared to raise issues under articles 7 and 10,
paragraph 1, of the Covenant.
Examination of the merits
5.1 The State party’s deadline for the submission
of information and observations under article 4,
paragraph 2, of the Optional Protocol expired on
16 May 1996. No submission was received from the
State party, in spite of a reminder addressed to it on
11 March 1997. The Committee regrets the lack of
cooperation on the part of the State party. It has
examined the present communication in the light of
all the information made available by the parties, as
provided for in article 5, paragraph 1, of the Optional
Protocol.
5.4 In light of these factors, the Committee must
examine the implications of holding the length of
detention on death row, per se, to be in violation of
articles 7 and 10. The first, and most serious,
implication is that if a State party executes a
condemned prisoner after he has spent a certain
period of time on death row, it will not be in
violation of its obligations under the Covenant,
whereas if it refrains from doing so, it will violate
the Covenant. An interpretation of the Covenant
leading to this result cannot be consistent with the
Covenant’s object and purpose. The above
implication cannot be avoided by refraining from
5.2 The Committee must determine whether the
length of the author’s detention on death row between April 1978 and December 1993 - amounts
to a violation of articles 7 and 10 of the Covenant.
Counsel alleges a violation of these provisions
merely by reference to the length of detention the
author was confined to death row at the State Prison
3
Views on communication No. 588/1994 (Errol
Johnson v. Jamaica), adopted 22 March 1996,
paragraphs 8.1 to 8.6.
87
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents