Communication No. 373/1989 Submitted by: Lennon Stephens on 20 July 1989 (represented by counsel) Alleged victim: The author State party: Jamaica Declared admissible: 12 October 1994 (fifty-second session) Date of adoption of Views: 18 October 1995 (fifty-fifth session) Richardson testified that he saw the author and the deceased "wrestling" when the gun was discharged. The same witness said that he saw the author wrap the body in tarpaulin and carry it away. A second witness, Sylvester Stone, testified that he heard an explosion, ran outside and saw the author standing "over a man" who was lying on the ground. The third witness, a contractor, stated that he had seen the author running after "a man" (whom he did not identify), that the author caught up with this man, upon which both stopped. The witness testified that the author then took something from his pocket and gestured with it in the direction of the other man, upon which there was an explosion and the other man dropped to the ground. Subject matter: Prolonged judicial proceedings and detention on death row as alleged violation of article 7 of Covenant – Alleged delay for the author’s presentation before a judge or other officer authorized to exercise judicial power – Alleged delay between trial and appeal in a capital case Procedural issues: Interim measures of protection – Court’s evaluation of facts and evidence – Instructions to jury by trial judge – Legal aid – Exhaustion of domestic remedies Substantive issues: Pre-trial detention – Right to a fair trial – Detention on death row – Inhuman treatment Articles of the Covenant: 7, 9 (2) (4), 10 (1) and 14 (3) (c) (5) 2.2 The author contended, in a sworn statement during the trial, that on the day in question, he was working on the property of Mr. Williston when the deceased approached him with something shaped like a gun under his waist and asked to see Mr. Williston. The author challenged Mr. Lawrence, in the belief that the latter intended to harm Mr. Williston, whereupon the deceased went for the gun. The author wrestled with the deceased, and during the fight, the gun went off and the deceased fell to the ground. The author went home, told his mother what had happened and then surrendered himself to the police. Articles of the Optional Protocol: 3 and 5 (2) (b) 1. The author of the communication (initial submission dated 20 July 1989 and subsequent correspondence) is Lennon Stephens, a Jamaican citizen sentenced to death in 1984, currently serving a sentence of life imprisonment at the Rehabilitation Centre in Kingston, Jamaica. He resubmits his complaint which had earlier, on 26 July 1988, been declared inadmissible on the ground of non-exhaustion of domestic remedies, since the author had not then sought leave to appeal to the Judicial Committee of the Privy Council. On 6 March 1989, the Judicial Committee dismissed the author's petition for special leave to appeal. The author now claims to be a victim of violations by Jamaica of articles 7, 9, paragraphs 2 to 4, 10, paragraph 1, and 14, paragraphs 3 (c) and 5, of the Covenant. He is represented by counsel. 2.3 After surrendering to the police on 22 February 1983, the author was detained. It is submitted that the investigating officer, Detective Inspector Ben Lashley, only cautioned him on 2 March 1983, that is eight days later, telling him that "he was conducting investigations into a case of murder", and that it was alleged "that he shot one George Lawrence". 2.4 The author was subsequently accused of murder and tried in the Westmoreland Circuit Court on 21 and 22 February 1984. He was found guilty as charged and sentenced to death on 22 February 1984. His appeal was dismissed by the Court of Appeal on 4 February 1987, nearly three years later. As stated before, the Judicial of the Privy Council dismissed the author's petition for special leave to appeal on 6 March 1989. The facts as submitted by the author 2.1 The author is accused of having murdered one George Lawrence in the Parish of Westmoreland, at approximately 11 a.m. on 22 February 1983. The victim's body was never recovered. The prosecution relied on the evidence of three witnesses, which had been working together with, or in the vicinity of, the author on the property of one Mr. Williston at Charlemont, Westmoreland. Thus, witness Linford 2.5 As to the course of the trial, the author contends that the trial judge failed to direct the jury 36