since the authors had exhausted all available
domestic remedies.
jurisprudence that the automatic and mandatory
imposition of the death penalty constitutes an
arbitrary deprivation of life, in violation of article 6,
paragraph 1, of the Covenant, in circumstances
where the death penalty is imposed without regard
being able to be paid to the defendant’s personal
circumstances or the circumstances of the particular
offence.2 It follows that the automatic imposition of
the death penalty on the authors violated their rights
under article 6, paragraph 1.
State party’s failure to cooperate
5.
On 14 December 2000, 24 July 2001, 21
October 2003 and 7 July 2004, the State party was
requested to submit to the Committee information on
the merits of the communication. The Committee
notes that this information has not been received; it
regrets the State party’s failure to provide any
information with regard to the substance of the
authors’ claims. It recalls that it is implicit in article
4, paragraph 2, of the Optional Protocol that States
parties examine all the allegations brought against
them, and that they make available to the Committee
all information at their disposal. In the absence of a
reply from the State party, due weight must be given
to the authors’ allegations, to the extent that these
have been properly substantiated.
7.3 As regards the issues raised under article 7 of
the Covenant, the Committee would be prepared to
consider that the prolonged detention of the author
on death row constitutes a violation of article 7.
However, having also found a violation of article 6,
paragraph 1, it does not consider it necessary in the
present case to review and reconsider its
jurisprudence that prolonged detention on death row,
in itself and in the absence of other compelling
circumstances, does not constitute a violation of
article 7.
Issues and proceedings before the Committee
Consideration of admissibility
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts before it reveal violations
by the State party of article 6, paragraph 1, of the
Covenant.
6.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with article 93 of its rules and
procedures, decide whether or not it is admissible
under the Optional Protocol of the Covenant.
6.2 The Committee has ascertained that the same
matter is not being examined under another
procedure of international investigation or settlement
for the purposes of article 5, paragraph 2 (a), of the
Optional Protocol and that the authors have
exhausted all domestic remedies, in accordance with
article 5, paragraph 2 (b), of the Optional Protocol.
In the present case, the Committee further notes that
the State party, in its submission of 30 June 1998,
does not contest the admissibility of the
communication. Accordingly, the Committee
proceeds directly with the examination of the merits.
9.
In accordance with article 2, paragraph 3, of
the Covenant, the State party is under an obligation
to provide the remaining living author with an
effective remedy, including commutation of his
death sentence. The State party is also under an
obligation to take measures to prevent similar
violations in the future.
10. Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has recognized
the competence of the Committee to determine
whether there has been a violation of the Covenant
or not and that, pursuant to article 2 of the Covenant,
that State party has undertaken to ensure all
individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant
and to provide an effective and enforceable remedy
in case a violation has been established, the
Committee wishes to receive from the State party,
within 90 days, information about the measures
Consideration of the merits
7.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it, as provided under
article 5, paragraph 1, of the Optional Protocol.
7.2 As regards the issues under article 6 of the
Covenant, and basing itself on the examination of
the applicable law in Guyana, the Committee
presumes that the death sentence was passed
automatically by the trial court, once the jury had
rendered its verdict that the authors were guilty of
murder, in application of section 101 of the Criminal
Law (Offences) Act. This provision requires that
“Everyone who commits murder shall be guilty of
felony and liable to suffer death as a felon”, without
regard being able to be paid to the defendant’s
personal circumstances or the circumstances of the
particular offence. The Committee refers to its
2
See communication No. 806/1998, Thompson v. St.
Vincent and The Grenadines, Views adopted on 18
October 2000, para. 8.2; communication No. 845/1998,
Kennedy v. Trinidad and Tobago, Views adopted on 26
March 2002, para. 7.3; communication No. 1077/2002,
Carpo et al. v. Philippines, Views adopted on 28 March
2003, para. 8.3; communication No. 1167/2003, Ramil
Rayos v. Philippines, Views adopted on 27 July 2004,
para. 7.2; communication No. 862/1999, Hussain et al. v.
Guyana, Views adopted on 25 October 2005, para. 6.2;
and communication No. 913/2000, Chan v. Guyana,
Views adopted on 31 October 2005, para. 6.5.
52
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