"Article 14, paragraph 5, of the Covenant guarantees the right of convicted persons to have the conviction and sentence reviewed 'by a higher tribunal according to law'. In this context, the author has claimed that, because of the non-availability of the written judgement, he was denied the possibility of effectively appealing to the Judicial Committee of the Privy Council, which allegedly routinely dismisses petitions which are not accompanied by the written judgement of the lower court. In this connection, the Committee has examined the question whether article 14, paragraph 5, guarantees the right to a single appeal to a higher tribunal or whether it guarantees the possibility of further appeals when these are provided for by the law of the State concerned. The Committee observes that the Covenant does not require States parties to provide for several instances of appeal. However the words 'according to law' in article 14, paragraph 5, are to be interpreted to mean that if domestic law provides for further instances of appeal, the convicted person must have effective access to each of them. Moreover, in order to enjoy the effective use of this right, the convicted person is entitled to have, within a reasonable time, access to written judgements, duly reasoned, for all instances of appeal. Thus, while Mr. Henry did exercise a right to appeal to 'a higher tribunal1 by having the judgement of the Portland Circuit Court reviewed by the J&maican Court of Appeal, he still has a right to a higher appeal protected by article 14, paragraph 5, of the Covenant, because article 110 of the Jamaican Constitution provides for the possibility of appealing from a decision of the Jamaican Court of Appeal to the Judicial Committee of the Privy Council in London. The Committee therefore finds that Mr. Henry's right under article 14, paragraph 5, was violated by the failure of the Court of Appeal to issue a written judgement." (annex IX, sect. B, para, 8,4) 675. A similar violation was found in case No. 283/1988 (Aston Little v. Jamaica) (annex IX, sect. J ) . 676. Article 14, paragraph 6, gives a person who has been wrongfully convicted a right to compensation under certain circumstances. In case No. 408/1990 (W.J.H. v. the Netherlands), the author was, in March 1987, convicted of fraud and forgery; his conviction was quashed on appeal and he was finally acquitted by the Court of Appeal in May 1988. His subsequent request for compensation was rejected by the Court of Appeal ia November 1988. The Committee observed that the conditions for the application of article 14, paragraph 6, were: "(a) A final conviction for a criminal offence; "(b) Suffering of punishment as a consequence of such conviction; and "(c) & subsequent reversal or pardon on the ground of a new or newly discovered fact showing conclusively that there has been a miscarriage of justice." The Committee further observed acquitted the author and since of his earlier conviction, the article 14, paragraph 6 (annex that since the final decision in this case he did not suffer any punishment as the result author's claim was outside the scope of X, sect. W, para. 6.3). -161-