is held that "[i]f the appellate procedure enables the
prisoner to prolong the appellate hearings over a
period of years, the fault is to be attributed to the
appellate system that permits such delays and not the
prisoner who takes advantage of it".
of an official report into the incident involving
beatings of the author by a warder in 1991, the State
party cannot dismiss the author's claim that he was
subjected to inhuman and degrading treatment. He
argues that the State party's reliance on the use of
"reasonable force" to restrain the applicant who had
attacked a warder is misleading, as both article 3 of
the U.N. Code of Conduct for Law Enforcement
Officials and the Correctional Rules of Jamaica
prescribe
behaviour
which
promotes
the
rehabilitation and humane treatment of detainees,
which implies that force may be used only when
"strictly necessary".
8.3 Counsel reiterates that his client was detained
for eight days "presumably incommunicado" without
being told that he was being charged for murder. He
refers to the Committee's General Comment on
article 9, where it is noted that delays under article
9 (3) must not exceed a few days, and that pre-trial
detention should be an exception. He further
observes that a requirement to give reasons on arrest
has been imposed under common law and is now
laid down in Section 28 of the Police and Criminal
Evidence Act of 1984. While he accepts that
Mr. Stephens voluntarily went with his mother to
Montego Bay Police Station to "report the incident
of the death of George Lawrence", he does not
accept that it was reasonable in the circumstances to
detain the author for eight days without charge.
8.8 Counsel refers to a report prepared in 1983 by
the Parliamentary Ombudsman of Jamaica, in which
he observed that Jamaican prison rules were
systematically broken and that there were "merciless
and unjustifiable beatings" of inmates by prison
warders. Furthermore, the Jamaica Council for
Human Rights is said to have been inundated with
cases of abuse of prisoners since it was created in
1968. In addition, counsel points out that several
prisoners have died following clashes between
warders and inmates; the circumstances of the deaths
of inmates often remain unclear and suspicious.
Other prisoners are said to be targeted for abuse
simply because they were witnesses to beatings and
killings by prison warders. Four such incidents
occurred on 28 May 1990 (death of three inmates as
a result of injuries inflicted by prison staff), on
30 June 1991 (four inmates killed by other inmates,
who reportedly had been paid by prison warders), on
4 May 1993 and on 31 October 1993 (four inmates
shot dead in their cells).
8.4 In this context, he contends that article 9 (2)
imposes (a) the obligation to give reasons at the time
of the arrest and (b) the obligation to inform the
person arrested "promptly" of any charges against
him. On 22 February 1983, the only information the
author was given was that he was under detention
"until the police obtained more information". This, it
is submitted, does not satisfy the requirements of
article 9 (2).
8.5 As to the alleged violation of article 9 (3),
counsel refers to the Committee's jurisprudence
which emphasizes that delays between arrest and
presentation to a judicial officer should not exceed a
few days.6 He also points out that in an individual
opinion appended to one of these Views by
Committee member B. Wennergren, it was
submitted that the word "promptly" does not permit
of a delay of more than two or three days.7
8.9 It is submitted that in the light of this history
of violence in the death row section of St. Catherine
District Prison, the State party has in no way shown
that the author was not a victim of violations of
articles 7 and 10 (1) in the course of 1991. By
reference to rule 173 of the Correctional Rules of
Jamaica and Rule 36 of the UN Standard Minimum
Rules for the Treatment of Prisoners, which deal
with internal complaints procedures, counsel submits
that prisoners in Jamaica do not receive adequate
redress from the prisons' internal complaints
procedures. Some of them may be subjected to
retaliatory measures if they testify against warders
who have committee abuses. He reiterates that he
has never been able to obtain a copy of the
investigation into the beatings of Mr. Stephens, and
continues to question that the warder who injured his
client used "no more force that [was] necessary"
(Rule 90 of the Correctional Rules of Jamaica).
8.6 Finally, counsel argues that article 9 (4)
entitles any person subject to arrest or detention to
challenge the lawfulness of his/her detention before
a court without delay. He refutes the State party's
argument that there was no denial of Mr. Stephens'
right to do so by the judicial authorities, but rather a
failure on the part of the author himself to exercise
the right to apply for writ of habeas corpus.
8.7 In a further submission dated 21 April 1995,
counsel contends that without providing the evidence
6
See Views on communication No. 253/1987, Paul
Kelly v. Jamaica, adopted on 8 April 1991, paragraph 5.8;
communication No. 277/1988, Terán Jijón v. Ecuador,
Views adopted on 26 March 1992, paragraph 5.3.
Examination of the merits
9.1 The Human Rights Committee has examined
the present communication in the light of all the
information made available to it by the parties, as it
7
Individual opinion of Committee member Bertil
Wennergren to Views in Kelly v. Jamaica.
40
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