3.2 The author also appears to claim inhuman and degrading treatment* in
violation of article 7, and that he was not treated with respect for the
inherent dignity of the person, in violation of article 10. In several
submissions spread over a period of three years (1989 to 1992), he refers
(a) to his cell as being "cold as ice"; (b) to prison warders who regularly
"try to kill some prisoners"; (c) to beatings sustained during the years 1933
to 19S6; and (d) to the absence of medical or dental care in the prison.
State party's information and observations and author's comments
4.1 In his initial transmittal of the communication to the State party, dated
14 November 1989, the Committee's Special Rapporteur on New Communications
requested the State party, inter alia, to provide information about the
admissibility of the communication, including about the author's mental
health.
4.2 By submission of 12 February 1990, the State party argues that the
communication is inadmissible on the ground of noa-exhaustion of domestic
remedies, as the author has failed to petition the Judicial Committee of the
Privy Council for special leave to appeal.
4.3 In a further submission, the State party adds that a mental status
examination "was carried out on C.P. on 6 February 1990. The examination
revealed a "young man who spoke freely and was not depressed. He displayed no
psychotic features and no evidence of cognitive impairment. His intelligence
seemed average. He is presently displaying no features of psychological
disturbance 1 . Prior to his examination, C.F. had not undergone any
psychiatric examination. His behavior had been normal throughout the period
of his incarceration. He had been treated on numerous occasions by general
practitioners for medical conditions, but on no occasion was it considered
necessary to have him examined by a psychiatrist".
4.4 On 28 May 1992, the author's representative before the Judicial Committee
of the Privy Council indicated that leading counsel had advised that a
petition would have merits, that it would be filed within two weeks, and that
it would be based on three main grounds {delay; issue of accident inadequately
left to jury; inadequate directions on identification).
Issues and proceedings before the Committee
5.1 Before considering any claims contained in a communication, the Human
Rights Committee must, in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
5.2 The Committee has taken note of the State party's contention that the
communication is inadmissible on the ground of non-exhaustion of domestic
remedies, as the author has failed to petition the Judicial Committee of the
Privy Council for special leave to appeal. It observes that the author has
secured pro bono legal representation for this purpose, and that his
representative is endeavouring to submit a petition for special leave to
appeal on his behalf. In the circumstances, the Committee concludes that the
requirements of article 5, paragraph 2 (b), or the Optional Protocol have not
been met.
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