State party to investigate in good faith and within the imparted deadlines all
the allegations of violations of the Covenant made against it and its judicial
authorities, and to make available to the Committee all the information at its
disposal. In the circumstances, due weight must be given to the authors'
allegations/ to the extent that they have been sufficiently substantiated.
8.2 With respect to the alleged violations of the Covenant, three issues are
before the Committee: (a) whether the authors' legal representation and the
course of the judicial proceedings amounted to a violation of their rights
under article 14; (b) whether the fact of having spent over 13 years on death
row constitutes in itself cruel, inhuman and degrading treatment within the
meaning of article 7; and (c) whether the authors' alleged ill-treatment
during detention and on death row violates article 7.
8.3 With regard to the claims relating to article 14, the Committee considers
that the authors have not corroborated their allegations that their
identification parade was unfair. Similar considerations apply to
Mr. Barrett's claim that the preparations for his defence and his legal
representation were inadequate, and to Mr. Sutcliffe's claim that he was
denied access to counsel prior to his formal indictment. The Committee notes,
in this context, that authors' counsel has not put forward any claims under
article 14.
8.4 The authors have claimed a violation of article 7 on account of their
prolonged detention on death row. The Committee starts by noting that this
guestion was not placed before the Jamaican courts, nor before the Judicial
Committee of the Privy Council, It further reiterates that prolonged judicial
proceedings do not per se constitute cruel, inhuman and degrading treatment,
even if they may be a source of mental strain and tension for detained
persons. This also applies to appeal and review proceedings in cases
involving capital punishment, although an assessment of the particular
circumstances of each case would be called for. 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.
8.5 Concerning the allegations of ill-treatment during detention and on death
row, the Committee deems it appropriate to distinguish between the individual
claims put forth by the authors. While Mr. Barrett has made claims that might
raise issues under articles 7 and 10, paragraph 1, of the Covenant, in
particular concerning alleged solitary confinement at the Ocho Sios police
station, the Committee considers that these have not been further
substantiated and finds no violation of article 7 or article 10, paragraph 1.
8.6 Mr. Sutcliffe has alleged that he was subjected to beatings in the course
of the preliminary investigation, and that he suffered serious injuries at the
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