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RESOLUTION Nš 24/81 CASE
3115 JAMAICA June
25, 1981
BACKGROUND:
1. On September
31, 1978, Mr. Ransford Thomas, a Jamaican citizen acting on his own
behalf, submitted a communication to the Inter-American Commission on
Human Rights in which he stated that on April 18, 1973 he was arrested
by the police of Dunham Town and taken to the Police Station of that
town for investigation about a murder which had occurred in the Parish
of Kingston on April 9, 1973. There, he was interrogated, "beaten
and coerced to admit the wrong name of Ransford Thomas", his right
name, according to him, being "Ransford James". Charged with
the murder of Philip Johnson, he was tried on April 29, 1974,
"innocently convicted and sentenced to death the next day on the
basis of false testimonies". 2. By letter dated
October 12, 1978, the Commission, in accordance with Articles 38, 39 and
54 of the Regulations then in force, requested that the complainant
supply additional information to satisfy the requirements of the
Regulations. 3. On January 24,
1979, the Inter-American Commission on Human Rights sent to the
Government of Jamaica the following note: The
Inter-American Commission on Human Rights has received numerous
communications regarding alleged violations of rights of Ransford
Thomas, accused of murder, who has been tried, convicted and sentenced
to death by the tribunals of your country. This individual is at present
in the death row of St. Catherine District Prison awaiting the execution
of the death penalty imposed upon him. The
Inter-American Commission on Human Rights requested that the plaintiff
furnish some specific and pertinent information to verify not only the
legal foundation and justification of his complaint, but also whether
the internal legal procedures and remedies of the country have been duly
applied and exhausted. Because
of the prevailing circumstances, the plaintiff has not been able to
supply the information requested from him, but he has submitted to the
Commission the name of a person that could provide such information. The
Inter-American Commission on Human Rights, aware of the possible
difficulties that the complainant may encounter to satisfy the
requirements of the Regulations, wishes to request the Honorable
Government of Your Excellency to supply copies of the notes of evidence
of the trial court as well as those of the appeal court if such
procedure took place in the case of Ransford Thomas, and any other
information which would enable the Commission to determine whether the
internal legal procedures and remedies have been exhausted in this case.
This
request for information does not constitute a decision as to the
admissibility of the communication. At
the same time, by letter of the same date, the Commission advised Mrs.
Jane Ford, legal counsel of Mr. Thomas, of her client's complaint and
asked her to supply the Commission with the information requested from
the plaintiff, who also was informed of these steps by letter of April
29, 1979. 4. On April 25,
1979, the Inter-American Commission on Human Rights transmitted to the
Government of Jamaica the pertinent parts of the complaint in accordance
with Article 42 of the Regulations then in force and requested that the
Government furnish the appropriate information in connection with the
communication. 5. By a note of
August 30, 1979, the Government of Jamaica replied to the Commission's
request and submitted a transcript of the notes of evidence of the
Circuit Court trial and copy of the judgement handed down by the Court
of Appeal in respect to the application for leave to appeal against the
conviction and sentence of the plaintiff. The Commission informed the
plaintiff of this submission. WHEREAS:
1. A study of the
notes of evidence of the Jamaican Court and the conduct of the trial of
Ransford Thomas show that the rules of criminal procedures of Jamaica
were observed and that the claimant received a fair trial; 2. Ransford Thomas
was assisted by defense counsel; 3. The claimant,
responding to the Court inquiry, stated his name as Ransford Thomas not
as Ransford James as he had indicated in his communication of April 10,
1979; 4. Ransford Thomas
informed the Commission that he lost his appeal on January 27, 1975, and
it is therefore apparent that the internal legal remedies have been
exhausted. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To declare that
there exists no evidence of the violation of any of the rights set forth
in the American Convention on Human Rights in this case; 2. To communicate
this resolution to the Government of Jamaica and to the claimant; 3. To recommend
that the Government of Jamaica suspend the execution of those persons
sentenced to death and consider the abolition of the death penalty.
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