author’s specific allegations under articles 7, 9, 10 and 14, paragraph 3, of the Covenant. Article 4, paragraph 2, of the Optional Protocol enjoins a State party to investigate in good faith all the allegations of violations of the Covenant made against it and its judicial authorities, and to make available to the Committee all the information at its disposal. The summary dismissal of the author’s allegations, in general terms, does not meet the requirements of article 4, paragraph 2. In the circumstances, due weight must be given to the author’s allegations, to the extent that they have been sufficiently substantiated. Issues and proceedings before the Committee 5.1 On the basis of the information before it, the Human Rights Committee concluded that the conditions for declaring the communication admissible had been met, including the requirement of exhaustion of domestic remedies. In this respect, the Committee considered that a written judgement of the Court of Appeal of Jamaica was a prerequisite for a petition for special leave to appeal to the Judicial Committee of the Privy Council. It observed that in the circumstances, author’s counsel was entitled to assume that any petition for special leave to appeal would inevitably fail because of the lack of a reasoned judgement from the Court of Appeal: it further recalled that domestic remedies need not be exhausted if they objectively have no prospect of success. 5.5 As to the claim under articles 7 and 14, paragraph 3(g), of the Covenant, the Committee notes that the wording of article 14, paragraph 3(g), - i.e., that no one shall “be compelled to testify against himself or to confess guilt” - must be understood in terms Of the absence of any direct or indirect physical or psychological pressure from the investigating authorities on the accused, with a view to obtaining a confession of guilt. A fortiori, it is unacceptable to treat an accused person in a manner contrary to article 7 of the Covenant in order to extract a confession. In the present case, the author’s claim has not been contested by the State party. It is, however, the Committee’s duty to ascertain whether the author has sufficiently substantiated his allegation, notwithstanding the State party’s failure to address it. After careful consideration of this material, and taking into account that the author’s contention was successfully challenged by the prosecution in court, the Committee is unable to conclude that the investigating officers forced the author to confess his guilt, in violation of articles 7 and 14, paragraph 3(g). 5.2 On 17 October 1989, the Human Rights Committee declared the communication admissible. 5.3 The Committee has noted the State party’s submissions of 8 May and 4 September 1990, made after the, decision on admissibility, in which it reaffirms its position that the communication is inadmissible on the ground of non-exhaustion of domestic remedies. The Committee takes the opportunity to expand on its admissibility findings, in the light of the State party’s further observations. The State party has argued that the Judicial Committee of the Privy Council may hear a petition for special leave to appeal even in the absence of a written judgement of the Court of Appeal: it bases itself on its interpretation of rule 4 juncto rule 1 of the Privy Council’s Rules of Procedure. It is true that the Privy Council has heard several petitions concerning Jamaica in the absence of a reasoned judgement of the Court of Appeal, but, on the basis of the information available to the Committee, all of these petitions were dismissed because of the absence of a reasoned judgement of the Court of Appeal. There is therefore no reason to revise the Committee’s decision on admissibility of 17 October 1989. 5.6 In respect of the allegations pertaining to article 9, paragraphs 3 and 4, the State party has not contested that the author was detained for some five weeks before he was brought before a judge or judicial officer entitled to decide on the lawfulness of his detention. The delay of over one month violates the requirement, in article 9, paragraph 3, that anyone arrested on a criminal charge shall be brought “promptly” before a judge or other officer authorized by law to exercise judicial power. Committee considers it to be an aggravating circumstance that, throughout this period, the author was denied access to legal representation and any contact with his family. As a result, his right under article 9, paragraph 4, was also violated, since he 5.4 As to the substance of the author’s allegations of violations of the Covenant, the Committee notes with concern that several requests for clarifications notwithstanding, the State party has confined itself to the observation that the facts as submitted seek to raise issues of facts and evidence that the Committee is not competent to evaluate; it has not addressed the 64

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents