properly on the issue of self-defence, although he
had indicated that he would do so. He further
indicates that one of the prosecution witness was the
deceased's uncle, who had had previous serious but
unspecified differences with the author.
article 9, paragraphs 2 to 4. Thus, the trial transcript
reveals that the author was detained on 22 February
1983 but only "cautioned" eight days later
(2 March 1983). This situation, it is submitted, is
contrary to article 9, paragraph 2, which requires that
a general description of the reasons for the arrest
must be given when it occurs, and that subsequently,
the specific legal reasons must be provided. It is
claimed that in view of the eight day delay between
arrest and "cautioning", the author was not
"promptly informed of any charges against him".
2.6 Throughout trial and appeal, the author was
represented by legal aid attorneys. A London law
firm represented him pro bono before the Judicial
Committee of the Privy Council.
2.7 The author contends that he has exhausted
domestic remedies. He notes that while he could
theoretically still file a constitutional motion, this
remedy is not in reality available to him, as he is
destitute and no legal aid is made available by the
State party for the purpose of constitutional motions.
3.4 The above situation is also said to amount to a
violation of article 9, paragraph 3: as Mr. Stephens
was only charged eight days after being detained, he
was not "promptly" brought before a judicial officer
within the meaning of this provision. Reference is
made to a number of Views adopted by the
Committee,3 with individual opinion of Bertil
Wennergren, and 277/1988 (Terán Jijón v.
Ecuador). Consequently, his rights under article 9,
paragraph 4, were also violated, as he was not
afforded in due course the opportunity to obtain, on
his own initiative, a decision on the lawfulness of his
detention by a court of law.
The complaint
3.1 Counsel submits that Mr. Stephens is a victim
of a violation of articles 7 and 10, paragraph 1, on
account of his detention, during 7 years and
10 months, on death row. In this context, he notes
that between conviction in February 1984 and his
classification as a non-capital offender,1 the author
was confined to death row under deplorable
conditions, constantly facing the prospect of
imminent execution. Counsel notes that such a
prolonged period of detention under conditions of
constant anxiety and "agony of suspense" amounts to
cruel and inhuman treatment within the meaning of
article 7. Reference is made to the judgment of the
Judicial Committee of the Privy Council in the case
of Pratt and Morgan, in which the complainants'
prolonged detention on death row was held to be
contrary to Section 17 (1) of the Jamaican
Constitution.2
3.5 It is submitted that a delay of almost three
years (35½ months) between conviction and appeal
amounts to a violation of article 14, paragraphs 3 (c)
and 5, of the Covenant. Counsel concedes that the
reasons for this delay remain unclear, despite many
attempts by his law firm and the Jamaica Council for
Human Rights to contact the author's lawyer for the
trial and to ascertain the reasons for the delay. He
emphasizes, however, that Mr. Stephens did nothing
to cause, or contribute to, this delay between his
conviction and the hearing of the appeal. The same
delay is also said to constitute a violation of
article 14, paragraph 1, by reference to the
Committee's Views in Muñoz v. Peru,4 where it was
held that "the concept of a fair hearing necessarily
entails that justice be rendered without undue delay".
3.2 Counsel further claims a violation of article
10, paragraph 1, of the Covenant, on account of the
bad conditions of detention the author was and
remains subjected to. He does so by reference to two
reports from two non-governmental organizations on
prison conditions in Jamaica (May 1990) and on
deaths and ill-treatment of prisoners at St. Catherine
District Prison (where the author was detained until
December 1992). These reports complain about
gross overcrowding, total lack of sanitation and
medical or dental care, inadequate food in terms of
nutrition, quantity and quality, and lengthy cellular
confinement.
3.6 Finally, counsel submits that the author has
been subjected to ill-treatment by prison warders of
St. Catherine District Prison, in violation of
articles 7 and 10, paragraph 1, of the Covenant.
Thus, in the course of 1991, a warder allegedly hit
the author over his head until he lost consciousness,
and the author had to be taken to hospital. In a
questionnaire filled out by the author for the Jamaica
Council for Human Rights, he notes that "he still has
problems with his right eye as a result". The Office
of the Parliamentary Ombudsman was contacted
3.3 It is submitted that the circumstances of the
author's pre-trial detention amount to a violation of
3
1
Under the Offences against the Person (Amendment)
Act of 1992.
See Views adopted in cases Nos. 253/1987 (Paul
Kelly v. Jamaica).
2
4
Privy
ber 1993.
Council
Appeal
No. 10
of
2
Communication
No. 203/1986,
4 November 1988, paragraph 11.3.
Novem-
37
adopted
on
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