view that the facts before it disclose a violation of articles 7 and 10, paragraph 1, of the International Covenant on Civil and Political Rights in respect of Mr. Sutcliffe. the ensuing delay in petitioning the Judicial Committee is largely attributable to the authors. 8.5 Concerning the allegations of ill-treatment during detention and on death row, the Committee deems it appropriate to distinguish between the individual claims put forth by the authors. While Mr. Barrett has made claims that might raise issues under articles 7 and 10, paragraph 1, of the Covenant, in particular concerning alleged solitary confinement at the Ocho Rios police station, the Committee considers that these have not been further substantiated and finds no violation of article 7 or article 10, paragraph 1. 10.1 In accordance with the provisions of article 2 of the Covenant, the State party is under an obligation to take effective measures to remedy the violations suffered by Mr. Sutcliffe, including the award of appropriate compensation, and to ensure that similar violations do not occur in the future. 10.2 The Committee would wish to receive information, within 90 days, on any relevant measures adopted by the State party in respect of the Committee’s Views. 8.6 Mr. Sutcliffe has alleged that he was subjected to beatings in the course of the preliminary investigation, and that he suffered serious injuries at the hand of prison officers. He submits that he unsuccessfully tried to seize the prison authorities and the Parliamentary Ombudsman of his complaint in respect of ill-treatment on death row, and that, far from investigating the matter, prison officers have urged him not to pursue the matter further. Concerning the first allegation, the author’s contention that he was placed on the identification parade in “a battered state” has not been further substantiated; moreover, it transpires from the judgement of the Court of Appeal that the author’s allegation was before the jury during the trial in July 1978. In that respect, therefore, the Committee cannot conclude that a violation of articles 7 or 10 has occurred. As to alleged ill-treatment in November 1986, however, the author’s claim is better substantiated and has not been refuted by the State party. The Committee considers that the fact of having first been beaten unconscious and then left without medical attention for almost one day, in spite of a fractured arm and other injuries, amounts to cruel and inhuman treatment within the meaning of article 7 and, therefore, also entails a violation of article l0, paragraph 1. In the Committee’s view it is an aggravating factor that the author was later warned against further pursuing his complaint about the matter to the judicial authorities. The State party’s offer, made in January 1992, that is over five years after the event, to investigate the claim “out of humanitarian considerations” does not change anything in this respect. APPENDIX Individual opinion submitted by Ms. Christine Chanet, pursuant to rule 94, paragraph 3, of the rules of procedure, concerning the Views of the Committee on communications Nos. 270/1988 and 271/1988, Barrett and Sutcliffe v. Jamaica I cannot accept the content of the last sentence of paragraph 8.4 of the decision taken by the Human Rights Committee on communications Nos. 270/1988 and 271/1988 in that it holds the authors to be largely responsible for the length of their detention on death row because, during this period, they allegedly waited until the last moment before appealing to the Privy Council. On the basis of this argument, the Committee finds that there was no violation of article 7 of the Covenant in that respect. In my view it is difficult for the criteria formulated by the Committee to assess the reasonableness of the duration of proceedings to be applied without qualification to the execution of a death sentence. The conduct of the person concerned with regard to the exercise of remedies ought to be measured against the stakes involved. Without being at all cynical, I consider that the author cannot be expected to hurry up in making appeals so that he can be executed more rapidly. On this point, I share the position taken by the European Court of Human Rights in its judgement of 7 July 1989 on the Soering case: “Nevertheless, just as some lapse of time between sentence and execution is inevitable if appeal safeguards are to be provided to the condemned person, so it is equally part of human nature that the person will cling to life by exploiting those safeguards to the full. However well-intentioned and even potentially beneficial is the provision of the complex of post-sentence procedures in Virginia, the consequence is that the condemned prisoner has to endure for many years the conditions 9. The Human Rights Committee, acting under article 5, paragraph 4, of the International Covenant on Civil and Political Rights, is of the 75