6.1 The Committee has taken note of the State party's submission, made after
the adoption of the decision on admissibility/ that the Court of Appeal's duty
to make its judgement available to the accused is discharged when it has been
rendered in writing, and that the judgement of the Court of Appeal would have
been available to the author and his counsel as of 19 June 1987.
6.2 While considering that the adoption of the written judgement cannot of
itself be equated with "availability" of the same to either the appellant or
his counsel, and that there should be reasonably efficient administrative
channels through which either appellant or counsel may request and obtain
relevant court documents, the Committee notes that author's counsel did obtain
a copy of the judgement of the Court of Appeal shortly after the adoption of
the decision on admissibility in the case. Thus he now has the documents
enabling him effectively to petition the Judicial Committee; the Committee
further observes that counsel has confirmed that he will lodge a petition for
special leave to appeal on the author's behalf, and therefore is in the
process of exhausting an available domestic remedy, potentially providing the
judicial redress sought.
7.
The Human Rights Committee therefore decides:
(a) That, the admissibility decision of 15 March 1990 is set aside;
(b) That the communication is inadmissible under article 5,
paragraph 2 (b), of the Optional Protocol;
(c) That, since this decision may be reviewed under rule 92,
paragraph 2, of the Committee's rules of procedure upon receipt of a written
request by or on behalf of the author containing information to the effect
that the reasons for inadmissibility no longer apply, the State party is
requested, under rule 86 of the Committee's rules of procedure, not to carry
out the death sentence against the author before he has had a reasonable time,
after completing the effective domestic remedies available to him, to request
the Committee to review the present decision;
(d) That this decision be communicated to the State party, to the author
and to his counsel.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
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