it is an aggravating factor that the author was later warned against further pursuing his complaint about the matter to the judicial authorities." (annex IX, sect. F, para. 8.6) 652. A violation of article 7 was also found in cases Nos. 240/1987 (Willard Collins v. Jamaica) and 319/1988 (Edgar A. Canon Garcia v. Ecuador). 653. In cases Nos. 270/1988 and 271/1988 (Randolph Barrett and Clyde Sutcliffe v. Jamaica), the Committee had to determine whether prolonged judicial proceedings and concomitant prolonged periods of detention on death row may in themselves amount to cruel, inhuman and degrading treatment within the meaning of the Covenant. The Committee held that prolonged judicial proceedings did not per se constitute that kind of treatment, even if they might be a source of mental strain and tension for detained persons. This also applied to appeal and review proceedings in cases involving capital punishment, although an assessment of the particular circumstances of each case would be called for. The Committee observed: "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." (annex IX, sect. F, para. 8.4) 654. A member of the Committee submitted an individual opinion in this respect. (c) liberty and security of person (Covenant, art. 9) 655. Article 9 of the Covenant guarantees to everyone the right to liberty and security of person. Under paragraph 1, no one shall be subjected to arbitrary arrest or detention. Paragraph 2 prescribes that anyone who is arrested shall be informed, at the time of his arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. In case No. 248/1987 (Glenford Campbell v. Jamaica), the Committee, while not considering that the complainant's arrest was arbitrary, found that he was not promptly informed of the charges against him. It considered that: "one of the most important reasons for the requirement of 'prompt* information on a criminal charge is to enable a detained individual to request a prompt decision on the lawfulness of his or her detention by a competent judicial authority. A delay from 12 December 1984 to 26 January 1985 does not meet the requirements of article 9, paragraph 2." (annex IX, sect. D, para. 6.3) In this case, the Committee also found a violation of article 9, paragraphs 3 (the right to be brought promptly before a judge) and 4 (the right to take -155-

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