is required to do under article 5, paragraph 1, of the
Optional Protocol, and bases its Views on the
following findings.
against the Person (Amendment) Act of 1992. Since
the author was, at that time, still availing himself of
remedies, the Committee does not consider that this
delay constituted a violation of article 7 of the
Covenant.
9.2 The Committee has noted the author's
contention that his rights under articles 7 and 10 (1)
have been violated because of the beatings he was
subjected to on death row by a prison warder. It
observes that while the author's allegation in this
respect has remained somewhat vague, the State
party itself concedes that the author suffered injuries
as a result of use of force by warders; the author has
specified that these injuries were to his head, and
that he continues to have problems with his right eye
as a sequel. The Committee considers that the State
party has failed to justify, in a manner sufficiently
substantiated, that the injuries sustained by the
author were the result of the use of "reasonable
force" by a warder. It further reiterates that the State
party is under an obligation to investigate, as
expeditiously and thoroughly as possible, incidents
of alleged ill-treatment of inmates. On the basis of
the information before the Committee, it appears that
the author's complaint to the Ombudsman was
acknowledged but neither investigated thoroughly
nor expeditiously. In the circumstances of the case,
the Committee concludes that the author was treated
in a way contrary to articles 7 and 10, paragraph 1,
of the Covenant.
9.5 The author has alleged a violation of
article 9 (2), because he was not informed of the
reasons for his arrest promptly. However, it is
uncontested that Mr. Stephens was fully aware of the
reasons for which he was detained, as he had
surrendered himself to the police. The Committee
further does not consider that the nature of the
charges against the author were not conveyed
"promptly" to him. The trial transcript reveals that
the police officer in charge of the investigation, a
detective inspector from the parish of Westmoreland,
cautioned Mr. Stephens as soon as possible after
learning that the latter was kept in custody at the
Montego Bay Police Station (pp. 54-55 of trial
transcript). In the circumstances, the Committee
finds no violation of article 9, paragraph 2.
9.6 As to the alleged violation of article 9 (3), it
remains unclear on which exact day the author was
brought before a judge or other officer authorized to
exercise judicial power. In any event, on the basis of
the material available to the Committee, this could
only have been after 2 March 1983, i.e. more than
eight days after Mr. Stephens was taken into custody.
While the meaning of the term "promptly" in
article 9 (3) must be determined on a case by case
basis, the Committee recalls its General Comment on
article 9 9 and its jurisprudence under the Optional
Protocol, pursuant to which delays should not exceed
a few days. A delay exceeding eight days in the
present case cannot be deemed compatible with
article 9, paragraph 3.
9.3 The Committee has noted counsel's argument
that the eight years and 10 months Mr. Stephens
spent on death row amounted to inhuman and
degrading treatment within the meaning of article 7.
It is fully aware of the ratio decidendi of the
judgment of the Judicial Committee of the Privy
Council of 2 November 1993 in the case of Pratt
and Morgan, which has been adduced by counsel,
and has taken note of the State party's reply in this
respect.
9.7 With respect to the alleged violation of
article 9 (4), it should be noted that the author did
not himself apply for habeas corpus. He could have,
after being informed on 2 March 1983 that he was
suspected of having murdered Mr. Lawrence,
requested a prompt decision on the lawfulness of his
detention. There is no evidence that he or his legal
representative did do so. It cannot, therefore, be
concluded that Mr. Stephens was denied the
opportunity to have the lawfulness of his detention
reviewed in court without delay.
9.4 In the absence of special circumstances, none
of which are discernible in the present case, the
Committee reaffirms its jurisprudence that prolonged
judicial proceedings do not per se constitute cruel,
inhuman and degrading treatment, and that, in
capital cases, even prolonged periods of detention on
death row cannot generally be considered to
constitute cruel, inhuman or degrading treatment.8 In
the instant case, a little over five years passed
between the author's conviction and the dismissal of
his petition for special leave to appeal by the Judicial
Committee; he spent another three years and nine
months on death row before his sentence was
commuted to life imprisonment under the Offences
9.8 Finally, the author has alleged a violation of
article 14, paragraphs 3 (c) and (5), on account of the
delay between his trial and his appeal. In this context,
the Committee notes that during the preparation of the
author's petition for special leave to appeal to the
Judicial Committee of the Privy Council by a London
8
See Views on communications Nos. 270/1988 and
271/1988, Barrett and Sutcliffe v. Jamaica, adopted
on 30 March 1992, paragraph 8.4.
9
General
paragraph 2.
41
Comment
8 [16]
of
27
July
1982,
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