5.3 The Committee has noted the State party's submission of 4 April 1990, made after the decision on admissibility, in which it reaffirms its position that the communication remains 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. 5.4 The Committee observes that domestic remedies within the meaning of the Optional Protocol must be both available and effective. It recalls that by submission of 10 October 1991 concerning a different case, the State party indicated that legal aid is not provided in respect of constitutional motions, d/ It is further uncontested that no lawyer in Jamaica is willing to represent the author for this purpose on a pro bono basis. In this context, the Committee observes that it is not the author's indigence that absolves him from pursuing constitutional remedies, but the State party's inability or unwillingness to provide legal aid for that purpose. 5.5 The State party has claimed, again in respect of different cases involving capital punishment, that it has no obligation under the Covenant to make legal aid available in respect of constitutional motions, as such motions do not involve the determination of a criminal charge, as required by article 14, paragraph 3 (d), of the Covenant. This issue before the Committee has not, however, been raised in the context of article 14, paragraph 3 (d), but in the context of whether domestic remedies have been exhausted. 5.6 For the above reasons, the Committee maintains that a constitutional motion does not constitute a remedy that is both available and effective within the meaning of article 5, paragraph 2 (b), of the Optional Protocol. Accordingly, there is no reason to reverse its decision on admissibility of 30 March 1989. 5.7 With regard to the allegations under articles 7 and 10, paragraph 1, of the Covenant, concerning the conditions of the author's detention on death row, the Committee notes that the substantiation thereof was not submitted by counsel until after the adoption of the Committee's decision on admissibility. The Committee further observes that the issues concerning Mr. Campbell's detention on death row and the question of whether prolonged detention on death row constitutes inhuman and degrading treatment were not placed before the Jaiflaican courts, nor apparently brought to the.attention of any other competent Jamaican authority. As domestic remedies in this respect have manifestly not been exhausted, the Committee is precluded from considering these allegations on their merits. 6.1 As to the substance of Mr. Campbell's admissible allegations, the Committee regrets that several requests for clarifications notwithstanding, the State party has confined itself to the observation that the author seeks to raise issues of facts and evidence that the Committee is not competent to evaluate. The Committee cannot but interpret this as the State party's refusal to cooperate under article 4, paragraph 2, of the Optional Protocol. This provision enjoins a State party to investigate in good faith all the allegations of violations of the Covenant made against it and to make available to the Committee all the information at its disposal. The summary dismissal of the author's allegations, as in the instant case, does not fulfil the requirements of article 4, paragraph 2. In the circumstances, due weight -237-