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 10, 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 ivot
change anything in this respect,
9.
The Human Rights Committee, acting under article 5, paragraph 4/ of the
International Covenant on Civil and Political Eights, is of the 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.
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.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Notes
3/
Reference is made to the judgement of the United States Supreme
Court in Furman v. Georgia (1972) 408 US 238, quoted in the dissenting opinion
in Riley S others v. Att. General of Jamaica (1982) 2 All SR 469, at 479a.
b/
See sect. B above, communication No. 230/1987, views adopted on
1 November 1991, paras. 7.2-7.4; and sect. J below, communication No.
283/1988, views adopted on 1 November 1991, paras. 7.2-7.5.
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