the requirements for a fair trial set out in article 14, it must be concluded
that the right protected by article 6 of the Covenant has been violated.
9.
The Human Rights Committee, acting under article 5, paragraph 4, of the
Optional Protocol to the International Covenant on Civil and Political Rights,
is of the view that the facts before the Committee disclose a violation of
article 14, paragraphs 3 (b) and (e), and 5, the latter read in conjunction
with paragraph 3 (c), and consequently of article 6 of the Covenant.
10. In capital punishment cases, the obligation of States parties to observe
rigorously all the guarantees for a fair trial set out in article 14 of the
Covenant admits of no exception. The Committee is of the view that
Mr. Aston Little, a victim of violations of article 14, and consequently of
article 6, is entitled, according to article 2, paragraph 3 (a), of the
Covenant, to an effective remedy, in this case entailing his release; the
State party is under an obligation to take measures to ensure that similar
violations do not occur in the future.
11. The Committee would wish to receive information, within 90 days, on any
relevant measures taken by the State party in respect of the Committee's
views.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
a/
Counsel refers to the decision of the European Court of Human Rights
in the case of Soering v. United Kingdom, where the "death row phenomenon" was
considered in terms of inhuman and degrading treatment.
b/
See 1982 3 A.E.R. 469.
c/
Elettronica Sicula S.p.A., ICJ Reports 1989, p. 59, appendix 5.
d/
See Official Records of the General Assembly. Forty-fifth Session,
Supplement Ho. 40 (A/45/40), vol. II, annex XI, sect. S, communication No.
369/1989, G.S. v. Jamaica, decision of 8 November 1989, para. 3.2.
e/
See ibid.. Forty-fourth Session, Supplement No. 40 (A/44/40),
annex X, sect. F, communications Nos. 210/1986 and 225/1987, views adopted on
6 April 1989.
£/
para. 7.
Ibid., Thirty-seventh Session, Supplement No. 40 (A/37/40), annex V,
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