paragraph 3 (a), of the Covenant, to an appropriate remedy, including compensation and further consideration of his case by the State party's Parole Board. lawyer, Mr. Stephens' legal aid representative for the trial was requested repeatedly but unsuccessfully to explain the delays between trial and the hearing of the appeal in December 1986. While a delay of almost two years and 10 months between trial and appeal in a capital case is regrettable and a matter of concern, the Committee cannot, on the basis of the material before it, conclude that this delay was primarily attributable to the State party, rather than to the author. 12. Bearing in mind that, by becoming a State 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, the State party has undertaken to ensure to all individuals within its territory and 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 taken to give effect to the Committee's Views. 10. 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 a violation by Jamaica of articles 7, 9, paragraph 3, and 10, paragraph 1, of the Covenant. 11. The Committee is of the Mr. Stephens is entitled, under view that article 2, Communication No. 386/1989 Submitted by: Famara Koné on 5 December 1989 Alleged victim: The author State party: Senegal Declared admissible: 5 November 1991 (forty-third session) Date of adoption of Views: 21 October 1994 (fifty-second session)* 30 July 1981. He was transferred to Senegal, where he was detained for over four years, pending his trial, until his provisional release on 9 May 1986. Subject matter: Alleged violations of the author’s rights on account of his political activism Procedural issues: Inadmissibility ratione materiae – Non-exhaustion of domestic remedies – Failure to substantiate allegations 2.2 Mr. Koné claims, without giving details, that he was subjected to torture by investigating officers during one week of interrogation; he indicates that, since his release, he has been in need of medical supervision as a result. He further notes that despite his persistent requests to the regional representative(s) of the U.N. High Commissioner for Refugees, he was denied refugee status both in Gambia and Benin (1988), as well as in the Ivory Coast (1989) and apparently now in Burkina Faso (1992). Substantive issues: Arbitrary arrest and detention – Ill-treatment during pre-trial detention – Denial of freedom of expression Articles of the Covenant: 7, 9, 19 Articles of the Optional Protocol: 3 and 5 (2) (b) 1. The author of the communication is Famara Koné, a Senegalese citizen born in 1952 and registered resident of Dakar, currently domiciled in Ouagadougou, Burkina Faso. He claims to be a victim of violations of his human rights by Senegal but does not specifically invoke his rights under the International Covenant on Civil and Political Rights. 2.3 The author states that, after presidential elections in Senegal on 28 February 1988, he was rearrested and detained for several weeks, without charges. He was released on 18 April 1988 by decision of the regional court of Dakar (Tribunal régional). He contends that, after participating in a political campaign in Guinea-Bissau directed against Senegal, he was once again arrested when he sought to enter Senegal on 6 July 1990. He was detained for six days, during which he claims to have been once again tortured by the security police, which tried to force him to sign a statement admitting attacks on State security and cooperating with the intelligence services of another State. The facts as submitted by the author 2.1 The author submits that in 1978, he joined the "Movement for Justice in Africa" (Mouvement pour la Justice en Afrique), whose aim is to assist the oppressed in Africa. On 15 January 1982, he was arrested in Gambia by Senegalese soldiers, allegedly for protesting against the intervention of Senegalese troops in Gambia after an attempted coup on 42