it is an aggravating factor that the author was later warned against
further pursuing his complaint about the matter to the judicial
authorities." (annex IX, sect. F, para. 8.6)
652. A violation of article 7 was also found in cases Nos. 240/1987
(Willard Collins v. Jamaica) and 319/1988 (Edgar A. Canon Garcia v. Ecuador).
653. In cases Nos. 270/1988 and 271/1988 (Randolph Barrett and Clyde Sutcliffe
v. Jamaica), the Committee had to determine whether prolonged judicial
proceedings and concomitant prolonged periods of detention on death row may in
themselves amount to cruel, inhuman and degrading treatment within the meaning
of the Covenant. The Committee held that prolonged judicial proceedings did
not per se constitute that kind of treatment, even if they might be a source
of mental strain and tension for detained persons. This also applied to
appeal and review proceedings in cases involving capital punishment, although
an assessment of the particular circumstances of each case would be called
for. The Committee observed:
"In States whose judicial system provides for a review of criminal
convictions and sentences, an element of delay between the lawful
imposition of a sentence of death and the exhaustion of available
remedies is inherent in the review of the sentence; thus, even prolonged
periods of detention under a severe custodial regime on death row cannot
generally be considered to constitute cruel, inhuman or degrading
treatment if the convicted person is merely availing himself of appellate
remedies. A delay of 10 years between the judgement of the Court of
Appeal and that of the Judicial Committee of the Privy Council is
disturbingly long. However, the evidence before the Committee indicates
that the Court of Appeal rapidly produced its written judgement and that
the ensuing delay in petitioning the Judicial Committee is largely
attributable to the authors." (annex IX, sect. F, para. 8.4)
654. A member of the Committee submitted an individual opinion in this
respect.
(c)
liberty and security of person (Covenant, art. 9)
655. Article 9 of the Covenant guarantees to everyone the right to liberty and
security of person. Under paragraph 1, no one shall be subjected to arbitrary
arrest or detention. Paragraph 2 prescribes that anyone who is arrested shall
be informed, at the time of his arrest, of the reasons for his arrest and
shall be promptly informed of any charges against him. In case No. 248/1987
(Glenford Campbell v. Jamaica), the Committee, while not considering that the
complainant's arrest was arbitrary, found that he was not promptly informed of
the charges against him. It considered that:
"one of the most important reasons for the requirement of 'prompt*
information on a criminal charge is to enable a detained individual to
request a prompt decision on the lawfulness of his or her detention by a
competent judicial authority. A delay from 12 December 1984 to
26 January 1985 does not meet the requirements of article 9,
paragraph 2." (annex IX, sect. D, para. 6.3)
In this case, the Committee also found a violation of article 9, paragraphs 3
(the right to be brought promptly before a judge) and 4 (the right to take
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