E.
Communication No. 269/1987, Delroy Prince v. Jamaica (views
adopted on 30 March 1992, at the forty-fourth session)
Submitted by;
Delroy Prince
Alleged victim;
The author
State party;
Jamaica
Date of communication:
15 December 1987
Date of decision on admissibilitv;
19 October 1989
The Human Bights Committee, established under article 28 of the
International Covenant on Civil ana Political Eights,
Meeting on 30 March 1992,
Having concluded its consideration of communication No. 269/1987,
submitted to the Human Eights Committee by Mr. Delroy Prince under the
Optional Protocol to the International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by
the author of the communication and by the State party,
Adopts its views under article 5, paragraph 4, of the Optional Protocol.
Facts as submitted by the author
1.
The author of the communication is Delroy Prince, a Jamaican citizen
currently awaiting execution at St. Catherine District Prison, Jamaica. He
claims to be the victim of a violation of his human rights by Jamaica.
2.1 The author states that he and three others were arrested and charged with
the murder of a young girl in 1980, but claims to be innocent of the charge.
He was convicted and sentenced to death on 8 March 1983, while his
codefendants were acquitted. The Court of Appeal in Jamaica dismissed his
appeal on 25 July 1985.
2.2 In 1986, a warrant for the execution of the author was issued, but a stay
was granted. After the office of the Governor-General had transmitted new
evidence, a retrial was requested. The Court of Appeal did not, however,
grant the Governor-General's request. A petition for special leave to appeal
to the Judicial Committee of the Privy Council was then filed on the author's
behalf; on 15 December 1987, the Judicial Committee refused special leave to
appeal. Towards the end of 1987, a second warrant for the author's execution
was issued, and another last-minute stay was granted. Subsequently a petition
for mercy was submitted to the Governor-General, requesting a commutation of
the death sentence.
2.3 The author alleges that during pretrial detention he was severely beaten
by the arresting police officers, to whom he refused to make a statement; this
allegation was before the Court of first instance, but was rejected. The
author's girlfriend, who he claims would have been able to provide an alibi
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