N.
Communication Ho. 3 83/1989. H.C. v. Jamaica (decision
of 28 July 1992, adopted at the forty-fifth session)
Submitted by;
H.C. (name deleted)
Alleged victim:
The author
State partyt
Jamaica
Date of communication:
4 March 1989 (initial submission)
The Human Rights Committee, established under article 28 of the
International Covenant on Civil and Political Bights,
Meeting on 28 July 1992,
Adopts the following:
Decision on admissibility
1,
The author of the communication is H . C , a Jamaican citizen serving a
20-year sentence at the General Penitentiary at Kingston. He claims to be a
victim of a violation of his human rights by Jamaica.
Facts as submitted by the author
2.1 The author states that on 4 May 1987, at 2.30 p.m., he was on his way
home together with three others. They stopped at a shop, where two of them
bought drinks. The author, -who had been waiting outside the shop, states that
one E.G. was standing on the veranda of his house just near the shop and told
him to move away from the gateway. According to the author, E.G. assumed an
aggressive attitude as he stepped forward and began pushing him, accusing him
of being a thief planning to rob his house. The argument was stopped by
E.G.'s wife.
2.2 The author indicates that later the same day, while returning from his
farm, he realized that he was being followed by E.G.; the latter first
threatened him verbally and then with a long knife. The author, who was
carrying a machete, alleges that he began defending himself, but only after
E.G. had stabbed him three times in the shoulder. He claims that the
aggressor backed away after receiving injuries on his cheek and his right
hand. The incident was witnessed by four persons, one of whom alerted the
police. However, it is submitted that the police did not question the author
or those present. E.G. was seriously injured and hospitalized. He suffered
inter alia permanent nerve damage.
2.3 On 15 May 1987 the author was arrested and charged with "assault with
intent to harm". On 1 June 1987 he appeared in court and on 19 June 1987 he
was released on bail. On 5 November 1987, he was found guilty and sentenced
to 20 years' imprisonment.
2.4 The author claims to have acted in self-defence and submits that during
the trial two witnesses testified that he had actually been a victim of
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