political opinions. The State party submits that Mr. Hibbert may seek redress
for the alleged discrimination on the ground of his political affiliation by
way of an application under section 25 of the Constitution. In that respect,
therefore, it deems the communication inadmissible on the ground of
non-exhaustion of domestic remedies.
4.4 As to the author's complaint about undue delays in the proceedings
against him, the State party notes, in a submission dated 30 October 1991,
that such delays as occurred were attributable to an application for a change
of venue, filed by the author's lawyer and based on the latter's perceptions
of threats and intimidation. The decision to change the venue does not, in
the State party's opinion, reveal a violation of any provision of the
Covenant.
4.5 With respect to the claims detailed in paragraphs 3.2 to 3.4 above, the
State party observes that they pertain to an alleged breach of the right to a
fair trial, and that these claims have not been subject to judicial
determination under section 25 of the Constitution.
4.6 Finally, the State party rejects as "totally unsubstantiated" the
allegation that the investigating officer received bribes from a Member of
Parliament.
Admissibility decision and review thereof
5.1 During its thirty-seventh session, the Committee considered the
admissibility of the communication. As to the requirement of exhaustion of
domestic remedies, it considered that with the dismissal of the author's
petition for leave to appeal by the Judicial Committee of the Privy Council on
24 July 1989, there were no further effective remedies for the author to
exhaus t.
5.2 On 19 October 1989, the Committee declared the communication admissible
in so far as it appeared to raise issues under article 14 of the Covenant.
6.1 The Committee has taken due note of the State party's contention, made
after the decision on admissibility, that in respect of the author's claim of
a violation of article 14 and in respect of alleged discrimination based on
political opinion, domestic remedies have not been exhausted.
6.2 The Committee reiterates that domestic remedies within the meaning of the
Optional Protocol must be both available and effective. The Committee recalls
that in a different case b/ the State party indicated that legal aid is not
provided for constitutional motions. Therefore, the Committee considers that,
in the circumstances of the case, a constitutional motion does not constitute
a remedy that is both available and effective within the meaning of article 5,
paragraph 2 (b), of the Optional Protocol, kccordingly, there is no reason to
revise the Committee's decision on admissibility of 19 October 1989.
Examination of the merits
7.1 With respect to the alleged violation of article 14, three principal
issues are before the Committee: (a) whether the alleged intimidation of the
jurors by the judge and his objections to several of the questions posed by
-287-