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-

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