ANNEX X*
Decisions of the Human Rights Coniitiittee declaring communications
inadmissible under the Optional Protocol to the International
Covenant on Civil and Political Eights
A,
Communication No. 233/1987, M.F. v. Jamaica (decision of
21 October 1991. adopted at the forty-third session)
Submitted byt
M.F. {name deleted)
Alleged victims:
The author
State party:
Jamaica
Date of communication;
10 March 1987 (initial submission)
The Human Rights Committee, established under article 28 of the
International Covenant on Civil and Political Rights,
Meeting on 21 October 1991,
Adopts the following:
Decision to revise an earlier decision on admissibility
1.
The author of the communication (initial submission
is M.F., a Jamaican citizen currently awaiting execution
District Prison, Jamaica. He claims to be a victim of a
of article 14 of the International Covenant on Civil and
is represented by counsel.
dated 10 March 1987)
at St. Catherine
violation by Jamaica
Political Rights. He
Facts as submitted by the authpr
2.1 The author was convicted of murder in the Home Circuit Court of Kingston
on 30 January 1986 and sentenced to death. He had been accused of stabbing
and wounding two individuals with an ice pick; one of them, one R.Y.,
subsequently died. The other person testified against him during the trial.
The author indicates that the coroner's verdict was that the victim's death
had not been caused by stab wounds but by a fractured skull,
2.2 The author indicates that his privately retained legal representative was
not present in court when the trial began and the judge proceeded to empanel
the jury. The author refused to enter a plea, but the judge none the less
entered a plea of "not guilty" for him. The author submits that the judge
chose to proceed in the absence of his lawyer, taking account of police
reports that one of the principal prosecution witnesses, one D.T., would not
be available if the trial were adjourned.
Made public by decision of the Human Rights Committee.
-330-