Issues and proceedings before the Committee
6.1 Before considering any claims contained ia a communication, the Human
Eights Committee must/ in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
6.2 Article 5, paragraph 2 (b), of the Optional Protocol precludes the
Committee from considering a communication if the author has failed to exhaust
all available domestic remedies. The Committee notes that the State party
claims that the author still has constitutional remedies which he may pursue.
The Committee observes that the Supreme (Constitutional) Court of Jamaica has,
in recent cases, allowed applications for constitutional redress in respect of
alleged breaches of fundamental rights, after the criminal appeals in these
cases had been dismissed. The Committee further observes that the author
appears to have means to secure legal assistance to file a constitutional
motion. In the particular circumstances of the case, the Committee finds that
the constitutional remedy referred to by the State party constitutes a remedy
within the meaning of article 5, paragraph 2 (b), of the Optional Protocol,
which the author has failed to exhaust.
7.
The Human Eights Committee therefore decides:
{a) That the communication is inadmissible under article 5,
paragraph 2 <b), of the Optional Protocol;
(b) That, since this decision may be reviewed pursuant to rule 92,
paragraph 2, of the Committee's rules of procedure upon receipt of a written
request by or on behalf of the author containing information to the effect
that the reasons for inadmissibility no longer apply, the State party shall be
requested, under rule 86 of the Committee's rules of procedure, not to carry
out the death sentence against the author before he has had a reasonable time,
after completing the effective domestic remedies available to him, to reguest
the Committee to review the present decision;
(c)
author,
That this decision shall be communicated to the State party and the
[Done in English, French, Russian and Spanish, the English text being the
original version,]
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