F.
Communications ttos. 270/1988 and 271/1988. Randolph Barrett
and Clyde Sutcliffe v. Jamaica (views adopted on
30 March 1992. at the forty-fourth session)
Submitted by:
Randolph Barrett and Clyde Sutcliffe
(represented by counsel)
Alleged victims:
The authors
State partyi
Jamaica
Date of communications;
4 and 7 January 1988, respectively
Date of decision on admissibility: 21 July 1989
The Human Rights Committee, established under article 28 of the
International Covenant on Civil and Political Rights,
Meeting on 30 March 1992,
Having concluded its consideration of communications Nos. 270/1988 and
271/1988, submitted to the Human Rights Committee by Messrs. Randolph Barrett
and Clyde Sutcliffe under the Optional Protocol to the International Covenant
on Civil and Political Rights,
Having taken into account all written information made available to it by
the authors of the communications and by the State party,
Adopts its views under article 5, paragraph 4, of the Optional Protocol.*
Facts as submitted by the authors
1.
The authors of the communications are Randolph Barrett and
Clyde Sutcliffe, two Jamaican citissens awaiting execution at St. Catherine
District Prison, Jamaica. They claim to be victims of a violation of their
human rights by Jamaica. They are represented by counsel. Although counsel
invokes only a violation of article 7 of the International Covenant on Civil
and Political Rights, it transpires from some of the authors' submissions that
they also allege violations of article 14.
2.1 The authors were arrested on 10 and 11 July 1977, respectively, on
suspicion of having murdered two policemen at the Runaway Bay police station
in the parish of St. Ann. The prosecution contended that they belonged to a
group of five men who had been stopped by the police in the context of the
investigation of a robbery that had occurred at a nearby petrol station. One
of the men (neither Mr. Barrett nor Mr. Sutcliffe) took a sub-machine-gun out
of a bag and opened fire on the police officers, killing two of them. The
authors were subsequently charged with murder on the basis of "common design";
they denied having participated in the robbery and having been in possession
of stolen goods.
An individual opinion by Ms. Christine Chanet is appended.
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