C.
Communication Ho. 331/1988, G.J. v. Trinidad and
Tobago (decision of S Hovember 1991. adopted at
the forty-third session)
Submitted by;
G.J. (name deleted)
Alleged victim:
The author
State party!
Trinidad and Tobago
Date of communication:
24 September 1988 (initial submission)
The Human Rights Committee, established under article 28 of the
International Covenant on Civil and Political Eights,
Meeting on 5 November 1991,
Adopts the following:
Decision on admissibility
1.
The author of the communication (initial submission dated
24 September 1988 and subsequent correspondence) is G.J., a Trinidadian
citizen currently awaiting execution at the State prison in Port~of-Spain,
Trinidad. He claims to be the victim of a violation by Trinidad and Tobago of
article 14 of the International Covenant on Civil and Political Rights. He is
represented by counsel.
Facts as submitted by the author
2.1 The author was charged on 14 July 1980 with the murder, on 11 July 1980,
of a two-year-old child, P.J. At the conclusion of the trial, which took
place between 18 May and 15 June 1982, the author was convicted of murder and
sentenced to death. He appealed to the Court of Appeal on 15 grounds; his
appeal was, however, dismissed on 20 December 1984. The Court of Appeal
issued its written judgement on 24 December 1984. A subsequent petition for
special leave to appeal to the Judicial Committee of the Privy Council was
dismissed on 17 May 1990.
2.2 The case for the prosecution was based partly on circumstantial evidence
and partly on alleged confessions made by the author himself. Thus, the
evidence relied on during the trial was that, on the afternoon of the d&y
before the murder, the child's father took his wife and the child to a golf
course near their home in Port Fortin. On that occasion, the child's father
alledgedly saw the author, whom he later identified at an identification
parade. The author was next seen by one C.A., in the area of the J.'s house
at about 7.30 a.m. on the following morning. C.A. purported to identify the
author at an identification parade. On the same morning, the child was
reported missing, and a handwritten ransom note was found at the gate of the
J.'s, giving instructions for the delivery of $30,000 at a designated place.
The child's parents immediately reported the facts to the police, which
mounted an ambush to sieze the kidnapper. Allegedly, the author was arrested
while collecting the ransom. The child's body was later found in a shallow
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