M.
Communication Wo. 382/1989. C.F. v. Jamaica (decision
of 28 July 1992. adopted at the forty-fifth session)
fiuhmitted bv;
C.F. (name deleted)
Alleged victim:
The author
State party:
Jamaica
Date of cpmmunicationi
2 August 1989 (initial submission)
The Human Rights Committee., established under article 28 of the
International Covenant on Civil and Political Rights,
Meeting on 28 July 1992,
Adopts the following:
on admissibilitv
1.
The author of the communication is C.F., a Jamaican citizen born in
January 1961, currently awaiting execution at St. Catherine District Prison,
Jamaica, He claims to be a victim of violations of his human rights by
Jamaica but does not invoke the International Covenant on Civil and Political
Rights,
Facts as,, submitted by the author
2.1 The author was arrested on 22 February 1980 and charged with the murder
of one X.&..; on 26 January 1981, he was found guilty as charged and sentenced
to death in the Home Circuit Court of Kingston, Jamaica. The Jamaican Court
of Appeal dismissed his appeal on 18 November 1981. The author subsequently
sought to petition the Judicial Committee of the Privy Council for special
leave to appeal; in 1990 a London-based law firm accepted to represent him pro
bono for this purpose. As of May 1992, the petition had not been filed.
2.2 It appears that warrants for the author's execution were signed on two
occasions by the Governor-General of Jamaica. On both occasions the author
was granted a stay of execution, the second time in February 1988.
2.3 With respect to the facts, it is merely stated that a prosecution witness
testified during the trial that, on the night of the crime, she had heard the
deceased talk to the author outside her house, apparently begging for his
life, which would appear to imply that the deceased and the author were
engaged in a dispute.
Complaint
3.1 It transpires from the author's submissions that he considers that he did
not receive a fair trial, or that he has been discriminated against;
repeatedly, he refers to the difficulties encountered in Jamaica, be it in the
local courts or in everyday life, to obtain "justice for Black people".
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