and corroborate his evidence, reportedly did not testify on his behalf because
of threats against her life. The author himself allegedly also received
threats prior to his trial; during the trial he did not disclose the identity
of the murderer for fear of his family's and his own life.
2.4 The author further alleges that other witnesses who would have been able
to testify on his behalf during the trial did not do so because of fear for
their lives; some of these potential witnesses are even said to have left
their homes for this reason. It is not clear whether the witnesses against
the author were cross-examined during the trial, and it appears that no
witnesses were called to testify on his behalf.
Complaint
3.
Although the author does not invoke any article of the International
Covenant on Civil and Political Rights, it appears from his submission that he
claims to be a victim of a violation by Jamaica of articles 7 and 14 of the
Covenant.
Committee's admissibility considerations and decision
4.
The time-limit for the State party's observations on admissibility
expired on 12 September 1988, In spite of a reminder sent on 13 July 1989, no
submission was received from the State party.
5.1 At its thirty-seventh session, the Committee considered the admissibility
of the communication, noting that the Judicial Committee of the Privy Council
had dismissed the author's petition for special leave to appeal. The
Committee also noted that the subsequent petition for mercy to the GovernorGeneral did not appear to have produced any result. The Committee further
observed that a petition for mercy to the highest executive officer of a State
party to the Optional Protocol does not constitute a remedy that must be
exhausted for purposes of article 5, paragraph 2 (b), of the Optional
Protocol. On the basis of the information before it, the Committee concluded
that there were no further remedies that the author was required to exhaust
for purposes of admissibility.
5.2 The Committee noted that the author had failed to provide detailed
information about the circumstances of the trial, although he was explicitly
requested to do so in the Working Group's decision of 15 March 1988. It
considered that the author's allegations, in so far as they related to the
guarantee of a fair hearing, laid down in article 14 of the Covenant/
pertained above all to paragraph 3 (e); it decided that tliese allegations, as
well as the author's allegations of maltreatment, should be considered on the
merits.
5.3 On 19 October 1989, the Committee declared the communication admissible
in respect of articles 7 and 14, paragraph 3 (e), of the Covenant.
Review of the admissibility decision
6.1 By submission dated 8 May 1990/ the State party challenges the
adifiissibility decision and argues that the communication is inadmissible on
the ground of failure to exhaust all available domestic remedies, it submits
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