3.1
The authors claim to be innocent and
allege that their trial was unfair. Both challenge
their identification parade as irregular, since it
allegedly was organized by police officers who
sought to influence witnesses and conspired to
ensure that the authors would be identified as
those responsible for the death of the policemen.
Mr. Sutcliffe adds, without giving further details,
that he was denied contact with legal counsel
until he was formally charged and denounces the
“battered state” in which he was placed on the
identification parade, which allegedly was the
result of rough treatment he had been subjected
to while in custody.
article 7 of the International Covenant on Civil
and Political Rights, it transpires from some of
the authors’ submissions that they also allege
violations of article 14.
The facts as submitted by the authors
2.1
The authors were arrested on 10 and
11 July 1977, respectively, on suspicion of
having murdered two policemen at the Runaway
Bay police station in the parish of St. Ann. The
prosecution contended that they belonged to a
group of five men who had been stopped by the
police in the context of the investigation of a
robbery that had occurred at a nearby petrol
station. One of the men (neither Mr. Barrett. nor
Mr. Sutcliffe) took a sub-machine-gun out of a
bag and opened fire on the police officers, killing
two of them. The authors were subsequently
charged with murder on the basis of “common
design”; they denied having participated in the
robbery and having been in the possession of
stolen goods.
3.2
Mr. Barrett further submits that
following his arrest by the Browns Town police
and a brief stay in the hospital (where fragments
of a bullet were removed from his ankle), he was
kept in solitary confinement at the Ocho Rios
police station, without being able to see a relative
or a lawyer. When he was told that he would be
placed on an identification parade, he protested
that he was without legal representation.
2.2
The authors’ trial in the Home Circuit
Court of Kingston began on 10 July 1978 and
lasted until 27 July 1978. Both Mr. Barrett and
Mr. Sutcliffe were represented by legal aid
attorneys. In the course of the trial, an
independent ballistics expert was to appear for
the defence but did not arrive in court in time.
The adjournment requested by Mr. Barrett’s
attorney was refused by the judge. On 27 July
1978 the authors were found guilty as charged
and sentenced to death. They appealed to the
Jamaican Court of Appeal, which heard their
appeals between 9 and 12 March 1981,
dismissing them on 12 March: it produced a
written judgement on 10 April 1981.
3.3
With respect to the conduct of the trial,
Mr. Barrett claims, without further substantiating
his claim, that the preparations for his defence
were inadequate. He submits that he had no
contact with his lawyer between the date of his
conviction in July 1978 and the date of the issue
of the warrant for his execution in November
1987. Letters addressed to this lawyer went
unanswered.
3.4
With respect to the conditions of
detention on death row, Mr. Sutcliffe submits
that he was attacked by warders on several
occasions. The most from his cell and beat him
with batons and iron pipes until he lost
consciousness. He was then locked in his cell for
over 12 hours without either medical attention or
food, despite the fact that he had sustained the
fracture of an arm and other injuries to legs and
ribs. It was only on the following day that he was
taken to the hospital. He claims that he had to
wait until his arm had healed before he could
write to the Parliamentary Ombudsman about the
incident. The Ombudsman promised to take up
the matter, but the author states that he did not
receive any further communication from him.
Moreover, warders have allegedly threatened him
so as to induce him not to pursue the matter
further.
2.3
On 24 and 26 November 1987,
respectively, warrants for the execution of
Mr. Barrett and Mr. Sutcliffe, on 1 December
1987, were issued by the Jamaican authorities.
Mr. Barrett’s former legal aid representative
obtained a stay of execution on his client’s and
on Mr. Sutcliffe’s behalf, with a view to filing a
petition with the Judicial Committee of the Privy
Council. In 1988, a London law firm agreed to
represent the authors for purposes of filing a
petition to the Judicial Committee of the Privy
Council. On 22 July 1991, the petition was
dismissed by the Judicial Committee, which,
however, expressed concern about the judicial
delays in the case.
The complaint
3.5
Counsel further submits that the time
spent on death row, over 13 years. amounts to
72
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