Communication No. 240/1987 Submitted by: Willard Collins (represented by counsel) Date of communication: 25 August 1987 Alleged victim: The author State party: Jamaica Date of adoption of Views: 1 November1991 (forty-third session) him a substantial amount of money, and that he had procured the assistance of a taxi driver, one C. E., to drive him and the victim to the scene of the crime and to assist with the disposal of the body. Subject matter: Denial of a fair trial by an independent and impartial tribunal in a capital punishment case Procedural issues: State party failure to make a submission on the merits—Unreasonably prolonged domestic remedies—Effective remedy—Lack of competence to re-evaluate facts and evidence. 2.2 Initially, C. E. had been arrested on 28 November 1960 and detained in connection with the murder. Some months later, he was released upon direction of the investigating officer, one Detective Sergeant R. G., who had taken charge of the police investigations on his own initiative, in the author’s opinion because he was C. E. ‘s brotherin-law and the father of a girl born to C. E.’s sister. C. E. later became the prosecution’s principal witness and only purported eye-witness to the crime. Substantive issues: Right not to be subjected to cruel or degrading treatment—Right to humane treatment—Right to a fair hearing— Right to a fair trial—Right to defend oneself in person or through legal assistance—Right to presumption of innocence—Right to examine witnesses—Death-row phenomenon Articles of the Covenant: 2(3)(a), 6, 7, 10(1) and 14(1), (2) and (3)(e) 2.3 The author was initially brought before the Portland Magistrates Court in connection with his application for bail and for directions as to the most appropriate venue for the preliminary hearing. The Magistrate granted the author’s application for a transfer of the venue o f the preliminary hearing, as the author was well known in the Portland area and it was doubtful whether he would receive a fair trial there. More particularly, the author was well known to the business associates of the Magistrate himself, and the author was known to have bad business relations with those associates. During the hearing of the application, the Magistrate allegedly said, apparently only as an aside, that if he were to try the author he would ensure that a capital sentence be pronounced. Articles of the Optional Protocol: 4(2) and 5(2)(b) Rules of procedure: Rules 86 and 94(3) Individual opinion: Dissenting opinion by Ms. Christine Chanet, Mr. Kurt Herndl, Mr. Francisco Aguilar Urbina and Mr. Bertil Wennegren 1. The author of the communication dated 25 August 1967 is Willard Collins, a Jamaican citizen currently awaiting execution at St. Catherine District Prison, Jamaica. He claims to be the victim of a violation by Jamaica of articles 7, 10, and 14, paragraphs 1, 2, and 3(e), of the International Covenant on Civil and Political Rights. He is represented by counsel. 2.4 Mr. Collins’ preliminary hearing took place in Spanish Town, parish of St. Catherine, on 15 October 1981; he was ordered to stand trial for murder. Detective G., then stationed in a different parish (Kingston), nevertheless remained in charge of the police investigations. The facts as presented by the author 2.1 The author is an ex-corporal in the Jamaican police force. He was arrested on 16 June 1981 in connection with the murder, on 23 November 1980, of one Rudolph Johnson in the parish of St. Catherine, Jamaica. The prosecution contended that the author shot the victim with his service weapon because he owed 2.5 The author’s trial began in the St. Catherine Circuit Court, Spanish Town, on 7 January 1982; he was represented by F.O.P., Q-C., and junior counsel, A. W. In spite of the prosecution’s contention that the author 52