insalubrious, with waste littering the area and constant unpleasant odours, A slop bucket in his cell, filled with human excrement, waste and stagnant water is only emptied once a day. Inmates are required to share eating utensils made of plastic, which are not properly cleaned. Finally, the daily time devoted to recreational activities is often limited to half an hour. Combined, these conditions are said to violate the author's inherent dignity, protected by article 10, paragraph 1. Furthermore, the treatment allegedly constitutes cruel, inhuman and degrading treatment within the meaning of article 7, particularly if taking into consideration the inherent uncertainty of the author's position as a person under sentence of death, prolonged by the delays in the judicial proceedings referred to in paragraph 3.4 above. Finally, the mental anguish and anxiety resulting from prolonged detention on death row in themselves are said to violate article 7. a/ 3.7 With regard to the requirement of exhaustion of domestic remedies in respect of the author's claim under article 7 of the Covenant, counsel refers to the decision of the Judicial Committee of the Privy Council in the case of Hoel Siley et al. v. Attorney General, where it had been held that whatever the reasons for or length of delay in executing a sentence of death lawfully imposed, the delay could afford no ground for holding the execution of the sentence to be in contravention of section 17 of the Jamaican Constitution (similar to article 7 of the Covenant), b/ Counsel submits that, on the basis of judicial precedent, any constitutional motion based on this ground would inevitably fail. 3.8 Furthermore, counsel submits that a constitutional motion based on alleged violations of the right to a fair trial (sections 20 and 25 of the Jamaican Constitution) would not be an available and effective remedy within the meaning of the Optional Protocol. If the State party submits that Mr. Little should argue before a court of lower jurisdiction in Jamaica issues which he had already placed before the Judicial Committee of the Privy Council, then, as noted by the International Court of Justice in a recent decision, the State party should provide authority for that contention, c/ More specifically, counsel observes that no legal aid is provided for constitutional motions pursuant to the Poor Prisoners' Defence Act (1961) or the Poor Persons (Legal Proceedings) Act 1941, appendix 6, and Associated Rules, The Poor Prisoners' Defence Act only allows for the grant of legal aid certificates in respect of "appropriate proceedings", defined as the preliminary examination, the trial or any subsequent appeal from conviction. Constitutional motions are not appeals from conviction but applications for constitutional redress. As the Poor Persons (Legal Proceedings) Act 1941 was enacted before the Jamaican Constitution, the "legal proceedings" referred to in the Rules do not include applications to the Supreme Court. In any event, the author has not succeeded in securing legal representation in Jamaica to argue a constitutional motion on a pro bono basis. State party's observations 4. The State party, in a submission of 21 June 1989, contends that the communication is inadmissible because of the author's failure to pursue remedies available to him under the Jamaican Constitution. It notes that the provisions of the Covenant invoked by the author are coterminous with the rights protected by sections 14, 17 and 20 of the Jamaican Constitution, Under section 25 of the Constitution, anyone who alleges that any of his -271-