Communication No. 555/1993
Submitted by: Ramcharan Bickaroo [represented by Interights, London]
Alleged victim: The author
State party: Trinidad and Tobago
Declared admissible: 12 October 1995 (fifty-fifth session)
Date of adoption of Views: 29 October 1997 (sixty-first session)
Subject matter: Prolonged detention of individual
under sentence of death on death row
constitutional motion was filed on his behalf in the
High Court of Trinidad and Tobago, and a stay of
execution was granted during the night of 4 to
5 October 1993.
Procedural issues: None
Substantive issues: Death row phenomenon
2.3 The author argues that he has exhausted
domestic remedies within the meaning of the
Optional Protocol, and that the fact that a
constitutional motion was filed on his behalf in the
High Court of Trinidad and Tobago should not
preclude his recourse to the Human Rights
Committee. He contends that because of the very
nature of his situation, an individual on death row
whose warrant of execution has been read will
necessarily invoke all available procedures, possibly
until the scheduled time of execution.
Articles of the Covenant: 7 and 10 (1)
Articles of the Optional Protocol and Rules of
procedure: n.a.
Finding: No violation
1.
The author of the communication is
Ramcharan Bickaroo, a Trinidadian citizen who, at
the time of submission of his complaint, was awaiting
execution at the State Prison in Port-of-Spain,
Trinidad and Tobago. He claims to be a victim of
violations by Trinidad of articles 7 and 10, paragraph
1, of the International Covenant on Civil and Political
Rights. On 31 December 1993, his death sentence was
commuted to life imprisonment by the President of
Trinidad and Tobago, in accordance with the
Guidelines laid down in the judgment of the Judicial
Committee of the Privy Council of 2 November 1993
in the case of Pratt and Morgan v. Attorney General
of Jamaica. He is represented by Interights, a Londonbased organization.
2.4 Counsel adds that to require that all last minute
procedures be exhausted before allowing a recourse to
the Human Rights Committee would imply that the
applicant either wait until a moment dangerously
close in time to his execution, or that he refrain from
invoking all potentially available domestic remedies.
It is submitted that neither option is within the letter or
the spirit of the Optional Protocol.
The complaint
3.1 The author, who was confined to the death
row section of the State Prison from the time of his
conviction in April 1978 to 31 December 1993, i.e.
close to 16 years, alleges a violation of article 7 of
the Covenant, on the ground that the length of time
spent on death row amounts to cruel, inhuman and
degrading treatment. He further argues that the
period of time spent on death row runs counter to his
right, under article 10, paragraph 1, to be treated
with humanity and respect for the inherent dignity of
his person.
The facts as submitted by the author
2.1 The author was arrested in 1975 and charged
with murder. No information is provided about the
circumstances or facts of the crime with which he
was charged. He was tried for murder in the
Port-of-Spain Assizes Court, found guilty as charged
and sentenced to death on 5 April 1978. His appeal
was dismissed by the Court of Appeal of Trinidad
and Tobago on 21 June 1979.
2.2 On an unspecified date after the dismissal of
the appeal, the author was informed by his counsel
that there were no grounds on which a further appeal
to the Judicial Committee of the Privy Council could
be argued with any prospect of success. On
30 September 1993,1 a warrant was issued for the
execution of the author on 5 October 1993. A
3.2 It is argued that the execution of the sentence
after so many years on death row would amount to a
violation of the above-mentioned provisions. In
support of his argument, counsel refers to recent
jurisprudence, inter alia a judgment of the Supreme
Court of Zimbabwe2, and the arguments of counsel
1
2
The date does not appear clearly in the
communication; it appears, however, that the warrant was
issued on the same day as the warrant for the execution of
Robinson LaVende (see communication No. 554/1993).
Supreme Court of Zimbabwe, Judgment No. S.C.
73/93 of June 1993; also the judgment of the European
Court of Human Rights in the case of Soering, Soering v.
United Kingdom, 11 EHRR 439 (1989).
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