of individual opinions appended by members of the
Committee to decisions on admissibility (rule 92 (3)
of the rules of procedure) or final Views
(rule 94 (3)). It is particularly noteworthy that some
members appended a joint individual opinion,
whether concurring or dissenting. In the present
volume six opinions were written at the stage of
admissibility and nineteen individual opinions were
appended to the Views, including three times a joint
individual opinion of four members.
action has been discontinued, the names of the
author(s) and of the alleged victim(s) are replaced by
letters or initials. In the case of interlocutory
decisions, including decisions declaring a communication admissible, the names of the author(s),
the alleged victim(s) and the State party concerned
may also be deleted.
14. Communications under the Optional Protocol
are numbered consecutively, indicating the year of
registration (e.g. No. 1/1976, No. 415/1990).
19. While only a few communications involving
the State party Jamaica had been registered during
the period covered by volume 5, a significant
increase in communications by Jamaican nationals
awaiting execution led to the application of stricter
criteria for the incorporation of such cases in
volume 4. These cases also showed the impact of the
Committee’s Views on the viability of legal redress
within the Jamaican domestic legal system. After the
Committee adopted its Views in Earl Pratt and Ivan
Morgan at its thirty-fifth session (see Selected
Decisions, vol. 3, p. 121), the Committee considered
in the Collins case (para. 6.5) and the Wright case
(para. 7.3) whether an appeal to the Court of Appeal
and the Judicial Committee of the Privy Council
constituted “adequate means of redress” within the
meaning of the Jamaican Constitution. The Supreme
(Constitutional) Court had earlier answered this
question in the negative by agreeing to consider the
constitutional motion of Pratt and Morgan. This is a
clear example of the usefulness of the Optional
Protocol procedure.
15. During the period covered by the present
volume, there was a very significiant increase in the
Committee’s caseload. The office of Special
Rapporteur on New Communications, which had
been established at the thirty-fifth session in 1989
under rule 91 of the Committee’s rules of
procedure, was amended at the forty-second session
in July 1991 to cope with the new circumstances.
Under the revised mandate, the Special Rapporteur
could issue requests for interim protection under
rule 86 (important in view of the steady increase in
death penalties during the period under review) and
could henceforth recommend that communications
be declared inadmissible. From the end of the fortyfifth session until the end of the period under
review, the Special Rapporteurs transmitted 35 new
communications to the States parties concerned
requesting information or observations relevant to
the question of admissibility.
16. Given the absence of information on State
compliance with the Committee’s Views, the
Special Rapporteur has considered it appropriate to
establish a dialogue with States parties on measures
taken to give effect to the Committee’s Views.
Since the inception of the follow-up procedure, the
Committee has considered follow-up information
on a confidential basis.
20. In this connection, another issue assumed
increasing importance. In view of the fact that most
people awaiting execution had been held on death
row for a considerable period of time, the Committee
was confronted with the question of whether such
treatment could be considered inhuman or degrading
treatment under article 7 of the Covenant. In its
Views in Barrett and Sutcliffe (Nos. 270 and
271/1988) the Committee replied in the negative,
reiterating that prolonged judicial proceedings do not
per se constitute cruel, inhuman and degrading
treatment, even if they may be a source of mental
strain and tension for detained persons (para. 8.4).
17. The new format of decisions on admissibility
and final Views adopted at its thirty-seventh session
in 1989, which was designed to achieve greater
precision and brevity, continued to be followed
during the period under review.
18. An important development in terms of
jurisprudence was the steady increase in the number
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