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RESOLUTION Nº 27/86 CASE
7505 JAMAICA April
16, 1986 BACKGROUND:
1. On March 1º,
1980, Mr. LYNDEN CHAMPAGNIE, 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 July 10, 1977, he was arrested
by the police and taken to the police station of Hunt Bay for
investigation about a murder which had occurred on July 9, 1977 in the
parish of St. Andrew. There, he was interrogated and "mercilessly
beaten" on the back, feet and face, was "forced to sign a
statement, and was charged, along with four other men, with the murder
of Cecil Martin, a crime of which he claims he is innocent. He was tried
on January 29, 1979, and was convicted and sentenced to death. There
was, he claims, "misconduct" and "gross injustice"
in the trial. 2. By Note of
October 14, 1980, the Commission transmitted to the Government of
Jamaica the pertinent parts of the communication and informed the
Government that because of the difficulties that the complainant might
encounter in satisfying the requirements of the Regulations, it wished
to request copies of the Criminal Court and the Court of Appeals and
also any other information which will allow it to verify not only the
legal foundation and justification of the complaint, but also whether
the internal legal procedures and remedies had been duly applied and
exhausted. The plaintiff was advised of this action and requested
additional information by letter of October 23, 1980. 3. By letter of
November 23, 1980, in response to the request of additional information
in his case, the plaintiff informed the Commission that his application
for leave to appeal against his conviction and sentence was still
pending before the Court of Appeals. The Commission acknowledged receipt
of this communication by letter of January 9, 1981, and indicated that
the complaint would be further considered when the result of the appeal
was received. 4. By Note of May
29, 1981, the Government of Jamaica informed the Commission that the
appeal of Lynden Champagnie was still pending and that the requested
documents would be forwarded to the Commission following the final
ruling on the case. The Commission advised the plaintiff of this
communication by letter of June 11, 1981. 5. By letter of
March 1982 received in the Commission on April 12, 1982 the plaintiff
submitted copy of his reasons for appealing his conviction and sentence
and informed the Commission that the appeal has been heard by the Court
but failed to indicate the result of the hearing. The Commission
acknowledged receipt of this communication by letter of April 21, 1982
and requested that the plaintiff inform it on the outcome of the same. 6. At the same
date, the Commission informed the Government of Jamaica of Mr.
Champagnie's communication regarding his appeal, and, referring itself
to the Government´s Note Nº 6/80/1 of May 29, 1981, reiterated its
request that the Government provide the notes of evidence in the trial
of the plaintiff as well as all the documents promised in its above
mentioned note. 7. By Note of
October 19, 1982, the Commission once again renewed its request that the
Government of Jamaica furnish the documents and information requested in
the case of Lynden Champagnie 8. The Government
of Jamaica, by Note of November 18, 1982, replied to the Commission's
request and furnished it with copies of the transcripts of the Home
Circuit Court of Kingston and the application for leave to appeal the
conviction and sentence of Lynden Champagnie. 9. By letter of
May 27, 1983, the Commission advised the plaintiff that no further
action could be taken on his case until the Commission received
information regarding the result of his appeal. By letter of June 6,
1983, Mr. Champagnie replied to the Commission that as of this date, he
has not been officially informed of the results of his appeal. 10.
By Note of May 27, 1983, the Commission once more requested that
the Government of Jamaica furnish information regarding the outcome of
Mr. Lynden Champagnie's appeal against his conviction and sentence. 11.
For not having received the information requested, the Commission
sent to the Government of Jamaica the following Note dated September 27,
1983: Excellency:
In
the name of the Inter-American Commission on Human Rights I have the
honor of addressing your excellency for the purpose of referring to our
Note of May 27, 1983, by which the Honorable Government of Jamaica was
requested to inform the Commission about the outcome of Mr. Lynden
Champagnie's appeal against his conviction. While
the Commission, as affirmed in its above mentioned note, has previously
received a copy of the transcripts of the initial trial in this case, it
has not as of this date received any information regarding the results
of the appeal of the conviction and sentence in this case. The
Inter-American Commission on Human Rights is aware that many of the
persons condemned to death have recently been executed and that several
others whose cases are being processed in the Commission are scheduled
to be sent to the gallows in the near future. In accordance with Article
26 paragraph 2 of the Regulations which stipulates: ARTICLE
26.2 "...
to avoid irreparable damage, the Commission may request that provisional
measures be taken..." and
ARTICLE 31 paragraph 2: "In
serious and urgent cases when ... the life, personal integrity or health
of a person is in imminent danger, the Commission shall request the
promptest reply..." and
for humanitarian reasons, the Commission respectfully requests that even
should the decision of the Courts be adverse to the plaintiff, the
Government of Jamaica cooperate with the Commission by refraining from
any action which should result in the death of plaintiffs seeking to
save their life while the cases are under study by the Commission. Therefore,
we wish to reiterate once again our request that the Honorable
Government of Jamaica provide information regarding the outcome of this
appeal and furnish copies of the notes of the Appeal Court in this case.
We hope that your Excellency will take whatever measures are deemed
necessary so that the Commission may receive all of the information
relative to this case within 30 days, in order that it may be considered
by the Commission at its next session. 12.
By Note of March 6, 1984, the Government of Jamaica furnished a
certified copy of the decision of the Court of Appeals regarding the
case of Lynden Champagnie. The Commission acknowledged receipt of the
Government's communication and informed the plaintiff of this
submission. 13.
By Note of June 7, 1984, the Inter-American Commission on Human
Rights citing Article 26 of its Regulations, reiterated its request
formulated in its note of September 27, 1983, that the Government of
Jamaica refrains from any actions which should cause irreparable damage
to the condemned persons while their cases are under study by the
Commission and consider the abolition of the death penalty. WHEREAS 1. The information
and documentation submitted to the Commission indicate that all domestic
legal remedies have been exhausted and none of the conditions of
inadmissibility established in the American Convention on Human Rights
were present, therefore, there exists no reason not to declare this case
admissible. 2. The case of
Lynden Champagnie was reviewed by the Court of Appeals on June 10, 1981;
3. A study of the
transcripts of the Home Circuit Court and the conduct of the trial of
Lynden Champagnie shows that the rules of criminal procedure were
observed and that the plaintiff received a fair trial; 4. During his
trials, Lynden Champagnie was assisted by defense counsel; 5. The documents
submitted to the Commission show that the requirements of due process
have been fulfilled; 6. The Commission
by Note of June 7, 1984, renewed its request that the Government of
Jamaica in accordance with the spirit of Article 4 (3) of the American
Convention on Human Rights as well as for humanitarian reasons consider
the commutation of the death sentence and take definite appropriate
steps to abolish the death penalty as has been done in various
countries; THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES: 1. To declare that
there exists no evidence of the alleged violations of the American
Convention on Human Rights as claimed by the plaintiff; 2. To communicate
this Resolution to the Government of Jamaica and to the plaintiff; 3. To recommend
that the Government of Jamaica suspend the execution of those persons
sentenced to death, commute the sentence of Lynden Champagnie and
consider the abolition of the death penalty. |