also inadmissible in this respect, as the author did not avail himself of the
constitutional remedies available to him under sections 17(1) and 25(1) of the
Jamaican Constitution: any person alleging torture or inhuman and degrading
treatment or other punishment may apply to the Supreme Court for
constitutional redress.
6.5 In the light of the above, the State party requests the Committee to
review its decision on admissibility.
Pftst-admissibilitv considerations and examination of merits
7.1 The Committee has taken note of the State party's request, dated
12 February 1991, to review its decision on admissibility, as well as its
criticism of the reasoning leading to the decision of 17 October 1990.
7.2 The same issues concerning admissibility have already been examined by
the Committee in its views on communications Nos. 230/1987 a./ and
283/1988. b/ In the circumstances of those cases, the Committee concluded
that a constitutional motion was not an available and effective remedy within
the meaning of article 5, paragraph 2 (b), of the Optional Protocol, and that,
accordingly, the Committee was not precluded from examining the merits.
7.3 The Committee has taken due note of the fact that subsequent to its
decision on admissibility the Supreme (Constitutional) Court of Jamaica has
had an opportunity to determine the question whether an appeal to the Court of
Appeal of Jamaica and the Judicial Committee of the Privy Council constitute
"adequate means of redress" within the meaning of section 25, paragraph 2, of
the Jamaican Constitution. The Supreme (Constitutional) Court has since
replied to this question in the negative by accepting to consider the
constitutional motion of Earl Pratt and Ivan Morgan (judgement entered on
14 June 1991). The Committee observes that whereas the issue is settled under
Jamaican constitutional law, different considerations govern the application
of article 5, paragraph 2 (b), of the Optional Protocol, such as the length of
the judicial proceedings and the availability of legal aid.
7.4 In the absence of legal ai$ for constitutional motions and bearing in
mind that the author was arrested in August 1981, convicted in March 1983, and
that his appeals were dismissed in July 1986 by the Court of Appeal of Jamaica
and in October 1987 by the Judicial Committee of the Privy Council, the
Committee finds that recourse to the Supreme (Constitutional) Court is not
required under article 5, paragraph 2 <b), of the Optional Protocol in this
case, and that there is no reason to reverse the Committee's decision on
admissibility of 17 October 1990.
7.5 As to the allegation concerning the author's ill-treatment by the police,
the Committee notes th&t this claim was reproduced in resolution 29/88
approved by the Inter-American Commission on Human Rights, a copy of which was
transmitted by the Committee to the State party on 28 April 1989.
Furthermore, while the allegation of a violation of article 10 does not
expressly figure under the header "Alleged Breaches of the International
Covenant on Civil and Political Rights" (p. 8 of the author's initial
communication), reference to ill-treatment by the police is made on pages 51
and 52 of this communication, which was integrally transmitted to the
Government of Jamaica a year and a half before the Committee's decision on
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