contends that the Privy Council's judgment in Pratt & Morgan does not remove the necessity of determining on a case-by-case basis whether detention on death row for more than five years violates article 7. In the author's case, his failure to exhaust domestic remedies expeditiously to a large extent resulted in the delay in the execution of the capital sentence against him, prior to reclassification of his conviction to non-capital murder. violation of article 7 of the Covenant. While this issue had not been placed before the Jamaican courts by way of constitutional motions, it was uncontested that no legal aid was made available for this purpose, and that the author was dependent on legal aid. In the circumstances, the Committee did not consider a constitutional motion to be an effective remedy in respect of this claim. 6.5 With respect of the claim of the author's illtreatment on death row during 1991, the Committee noted the State party's claim that the case was inadmissible because of the author's failure to file a constitutional motion under Section 25 of the Jamaican Constitution. It recalled that the author and his counsel did attempt to have the alleged illtreatment of Mr. Stephens investigated, in particular by the Office of the Parliamentary Ombudsman, but without result as of early 1994. It further recalled that the Supreme (Constitutional) Court of Jamaica had, in recent cases, allowed applications for constitutional redress in respect of breaches of fundamental rights, after the criminal appeals in these cases were dismissed. It however also recalls that the State party had repeatedly indicated that no legal aid was available for constitutional motions; as a result, the Committee concluded that, in the absence of legal aid, it was not precluded by article 5, paragraph 2 (b), from considering this aspect of the case. 7.2 As to the alleged violation of article 9, paragraphs 2 to 4, the State party argues that the circumstances of the author's arrest and detention (i.e. that he gave himself up to the police "in respect of `the murder of Mr. Lawrence") were such as to make him fully aware of the reasons for arrest and detention. In the circumstances, and given the difficulties the police experienced in locating the body of the deceased, the period of time the author spent in police custody (eight days) must be deemed reasonable. For the State party, the fact that the author surrendered himself to the police reinforces this point. 7.3 The State party contends that there is no substantiation in support of the author's claim of a violation of article 14, paragraphs 3 (c) and 5. In particular, there is said to be no evidence that the cause for the delay was attributable to an act or omission on the part of the judicial authorities of Jamaica. 6.6 Similar considerations applied to the author's claim under article 9, paragraphs 2 to 4, and 14, paragraphs 3 (c) and 5. While it was possible in theory for the author to file a constitutional motion, he was effectively barred from doing so in the absence of legal aid. Mutatis mutandis, the considerations in paragraph 6.4 above applied. 7.4 As to the alleged ill-treatment of Mr. Stephens on death row during 1991, the State party observes, in a submission of 13 March 1995, that there was no violation of articles 7 and 10 (1) since the injuries suffered by the author resulted from the "use of reasonable force by a warder to restrain the applicant who had attacked the warder." Such use of reasonable force, the State party maintains, does not constitute a breach of articles 7 and 10 (1). It adds that the warder in question had to seek medical treatment himself as a result of the author's attack on him. 6.7 On 12 October 1994, the Committee declared the communication admissible in so far as it appeared to raise issues under articles 7, 9, paragraphs 2 to 4, 10, paragraph 1, and 14, paragraphs 3 (c) and 5, of the Covenant. State party's observations on the merits and author's comments thereon 8.1 In his comments, counsel reaffirms that Mr. Stephens was subjected to inhuman and degrading treatment by virtue of his confinement, for eight years and 10 months, to death row. He points in particular to the length of the delay and conditions on death row, and submits that an execution that would have taken place more than five years after conviction "would undoubtedly result in pain and suffering", which is precisely why the Judicial Committee recommended commutation to life imprisonment to all death row inmates in Jamaica incarcerated for five years or more. 7.1 In a submission dated 27 January 1995, the State party challenges counsel's reliance on the judgment of the Judicial Committee of the Privy Council in the case of Pratt & Morgan v. Attorney General of Jamaica in respect of his argument under article 7 of the Covenant (length of detention on death row). By reference to the Committee's own Views of 5 April 1989 in this case where it had been held that delay by itself was not enough to constitute a breach of article 7 of the Covenant,5 the State party 8.2 Counsel dismisses as irrelevant that some of the delays in execution of the sentence may have been attributable to Mr. Stephens and adduces the Privy Council's own argument in Pratt & Morgan, where it 5 CCPR/C/35/D/210/1986 & 225/1987, Pratt and Morgan v. Jamaica, Views adopted 5 April 1989, para. 13.6. 39