that, notwithstanding the dismissal of the author's petition to the Judicial
Committee of the Privy Council, the author still has constitutional remedies
he may pursue.
6.2 The State party contends that the rights protected by articles 7 and 14,
paragraph 3 (e), of the Covenant are also protected by sections 14 and 20,
paragraph 5 (d), of the Jamaican Constitution.
6.3 The State party States that under section 25 of the Constitution any
person who alleges that any of the rights protected in the Constitution have
been, are being or are likely to be contravened in relation to him may without
prejudice to any other action with regard to the same subject-matter which is
lawfully available, apply to the Supreme Court for redress. An appeal lies
from the decision of the Supreme Court to the Court of Appeal and from the
decision of that Court to the Judicial Committee of the Privy Council.
7.
The Committee has considered the State party's arguments and reiterates
that domestic remedies within the meaning of the Optional Protocol must be
both available and effective. The Committee recalls that in a different
case a/ the State party indicated that legal aid is not provided for
constitutional motions. The Committee, therefore, considers that a
constitutional motion does not constitute a remedy that is both available and
effective within the meaning of article 5, paragraph 2 (b), of the Optional
Protocol. There is therefore no reason to revise the Committee's earlier
decision on admissibility of 19 October 1989.
Examination of the merits
8.1 As to the substance of the author's allegations, the Committee notes with
concern that the State party has confined itself to the observation that the
information provided by the author does not support his allegations; it has
not addressed the author's specific claims under articles 7 and 14,
paragraph 3 (e), of the Covenant, Article 4, paragraph 2, of the Optional
Protocol enjoins the State party to investigate in good faith all the
allegations made against it, and to make available to the Committee all the
information at its disposal. The Committee is of the opinion that the summary
dismissal of the author's allegations in general terms floes not meet the
requirements of article 4, paragraph 2, of the Optional Protocol.
8.2 As to the author's claims relating to article 14, paragraph 3 (e), the
Committee notes that the trial transcripts disclose that the prosecution
witnesses were in fact cross-examined by the defence. The Committee is not in
a position to ascertain whether the failure of the defence to call witnesses
on the author's behalf was a matter of counsel's professional judgement or the
result of intimidation. The material before the Committee does not disclose
whether either counsel or author complained to the trial judge that potential
defence witnesses were subjected to intimidation. Similarly, the Committee is
unable to conclude, from the information before it, that the defence was
actually denied the opportunity to call witnesses. The Committee therefore
finds no violation of article 14/ paragraph 3 (e), of the Covenant.
8.3 With respect to the alleged violation of article 7 of the Covenant, the
Committee notes that the author's claim has not been contested by the State
party. Notwithstanding, it is the Committee's duty to ascertain whether the
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