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.
3.5 Counsel further submits that the time spent on death row, over 13 years,
amounts to cruel, inhuman and degrading treatment within the meaning of
article 7 of the Covenant. In this context, it is argued that the execution
of a sentence of death, after a long period of time is widely recognized as
cruel, inhuman and degrading, on account of the prolonged and extreme anguish
caused to the condemned man by the delay, a/ This anguish is said to have
been compounded by the issue of death warrants to the authors in
November 1987.
3.6 As to the delays encountered in the judicial proceedings in the case,
counsel notes that in spite of repeated requests for legal aid, it was only in
1988 that the authors succeeded in obtaining the pro bono services of a London
law firm, for purposes of petitioning the Judicial Committee of the Privy
Council. Several court documents deemed necessary for the preparation of the
petition for special leave to appeal could not be obtained until March 1991;
accordingly, such delays as did occur cannot be attributed to the authors.
State party's observations on admissibilifcy.
4.
The State party contended, in submissions dated 20 July 1988 and
10 January 1990, that the communications were inadmissible on the ground of
non-exhaustion of domestic remedies, since the authors retained the right to
petition the Judicial Committee of the Privy Council for special leave to
appeal. It enclosed a copy of the written judgement of the Court of Appeal in
the case, adding that it would have been available, upon request, to authors'
counsel after its delivery on 10 April 1981.
Committee's admissibilitv decision and request for further information
5.1 On 21 July 1989, the Committee declared the communications admissible,
noting that the authors' appeal had been dismissed in 1981 and that, in the
circumstances, the pursuit of domestic remedies had been unreasonably
prolonged.
5.2 During its forty-second session, the Committee further considered the
communications; it decided to request additional information and
clarifications from the State party in respect of the authors' allegations
under articles 7 and 10 of the Covenant.
Review of admissibility
6.1 By submissions of 23 and 30 January 1992, the State party challenges the
decision on admissibility and reiterates that the complaints remain
inadmissible on the ground of non-exhaustion of domestic remedies. In respect
of the alleged violations of article 7 (ill-treatment on death row and anguish
caused by prolonged detention on death row), it submits that the authors may
file for constitutional redress under section 25 of the Jamaican Constitution,
for violations of their rights protected by section 17. A decision of the
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