that Detective G., the investigating officer, had sought to influence members of the jury. Counsel neither conveyed this information to the judge nor sought to challenge the jurors allegedly influenced by Detective G.; in the Committee's opinion, if it had been thought that the complaint was tenable, it would have been raised before the courts. Accordingly, the Committee cannot conclude that Mr. Collins' rights under article 14, paragraphs 1 and 2, were violated by the State party in this respect. 5.5 As to the author's claim of a violation of article 14, paragraph 3 (e), the Committee notes that at least two witnesses who would have been willing to testify on the author's behalf were present in the courtroom during the retrial, notwithstanding the author's repeated requests, they were not called. As author's counsel had been privately retained, his decision not to call these witnesses cannot, however, be attributed to the State party. In the view of the Committee, counsel's failure to call defence witnesses did not violate the author's right under article 14, paragraph 3 (e). 8.6 As to the author's allegations of ill-treatment on death row, the Committee observes that the State party has »ot addressed this claim, in spite of the Committee's request that it do so. It further notes that the author brought his grievances to the attention of the prison authorities, including the Superintendent of St. Catherine District Prison, and to the Parliamentary Ombudsman, and swore affidavits in this context. Apart from the relocation of some prison warders involved in the ill-treatment of the author on 28 May 1990, however, the Committee has not been notified whether the investigations into the author's allegation have been concluded some 18 months after the event, or whether, indeed, they are proceeding. In the circumstances, the author should be deemed to have complied with the requirement of exhaustion of domestic remedies, pursuant to article 5, paragraph 2 (b>, of the Optional Protocol. With respect to the substance of the allegation and in the absence of any information to the contrary from the State party, the Committee finds the allegations substantiated and considers that the treatment of Mr. Collins on 28 May 1990 and on 10 September 1990 reveals a violation of article 10, paragraph 1. 8.7 As to the author's claim under article 7, the Committee observes that it equally has not been refuted by the State party. The claim having been sufficiently substantiated, the Committee concludes that the beatings Mr. Collins was subjected to by three prison warders on 28 May 1990, as well as the injuries he sustained as a result of another assault on 10 September 1990, constitute cruel, inhuman and degrading treatment within the meaning of article 7 of the Covenant. 9. The Human Eights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Eights, is of the view that the facts before it disclose a violation of articles 7 and 10, paragraph 1, of the Covenant. 10. Two consequences follow from the findings of a violation by the Committee. The first is that the violation of article 7 of the Covenant should cease, and the author should be treated in accordance with the requirements of article 10, paragraph 1. In this regard the State party should promptly notify the Committee as to the steps it is taking to terminate the maltreatment and to secure the integrity of the author's person. The -229-

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