that Detective G., the investigating officer, had sought to influence members
of the jury. Counsel neither conveyed this information to the judge nor
sought to challenge the jurors allegedly influenced by Detective G.; in the
Committee's opinion, if it had been thought that the complaint was tenable, it
would have been raised before the courts. Accordingly, the Committee cannot
conclude that Mr. Collins' rights under article 14, paragraphs 1 and 2, were
violated by the State party in this respect.
5.5 As to the author's claim of a violation of article 14, paragraph 3 (e),
the Committee notes that at least two witnesses who would have been willing to
testify on the author's behalf were present in the courtroom during the
retrial, notwithstanding the author's repeated requests, they were not
called. As author's counsel had been privately retained, his decision not to
call these witnesses cannot, however, be attributed to the State party. In
the view of the Committee, counsel's failure to call defence witnesses did not
violate the author's right under article 14, paragraph 3 (e).
8.6 As to the author's allegations of ill-treatment on death row, the
Committee observes that the State party has »ot addressed this claim, in spite
of the Committee's request that it do so. It further notes that the author
brought his grievances to the attention of the prison authorities, including
the Superintendent of St. Catherine District Prison, and to the Parliamentary
Ombudsman, and swore affidavits in this context. Apart from the relocation of
some prison warders involved in the ill-treatment of the author on
28 May 1990, however, the Committee has not been notified whether the
investigations into the author's allegation have been concluded some 18 months
after the event, or whether, indeed, they are proceeding. In the
circumstances, the author should be deemed to have complied with the
requirement of exhaustion of domestic remedies, pursuant to article 5,
paragraph 2 (b>, of the Optional Protocol. With respect to the substance of
the allegation and in the absence of any information to the contrary from the
State party, the Committee finds the allegations substantiated and considers
that the treatment of Mr. Collins on 28 May 1990 and on 10 September 1990
reveals a violation of article 10, paragraph 1.
8.7 As to the author's claim under article 7, the Committee observes that it
equally has not been refuted by the State party. The claim having been
sufficiently substantiated, the Committee concludes that the beatings
Mr. Collins was subjected to by three prison warders on 28 May 1990, as well
as the injuries he sustained as a result of another assault on
10 September 1990, constitute cruel, inhuman and degrading treatment within
the meaning of article 7 of the Covenant.
9.
The Human Eights Committee, acting under article 5, paragraph 4, of the
Optional Protocol to 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 Covenant.
10. Two consequences follow from the findings of a violation by the
Committee. The first is that the violation of article 7 of the Covenant
should cease, and the author should be treated in accordance with the
requirements of article 10, paragraph 1. In this regard the State party
should promptly notify the Committee as to the steps it is taking to terminate
the maltreatment and to secure the integrity of the author's person. The
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