Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement
It is in principle for the State party concerned to show that the complexity of a
case is such as to justify the delay under consideration by the Committee,63 although a
mere affirmation that the delay was not excessive is not sufficient;64 the Committee will
also examine whether the delay, or part of it, can be attributed to the authors, for
instance when they decide to change lawyers.65
The case of Pratt and Morgan
In the case of Pratt and Morgan, the authors were unable to proceed to appeal to the
Privy Council because it took the Court of Appeal almost three years and nine
months to issue a written judgement. The Committee did not accept the explanation
of the State party that this delay “was attributable to an oversight and that the authors
should have asserted their right to receive earlier the written judgement”; on the
contrary, it considered that the responsibility for this delay lay with the judicial
authorities, a responsibility that “is neither dependent on a request for production by
the counsel in a trial nor is non-fulfilment of this responsibility excused by the
absence of a request from the accused”.66 In reaching its conclusion that this delay
violated both article 14(3)(c) and (5), the Committee stated that “it matters not in the
event that the Privy Council affirmed the conviction of the authors”, since “in all
cases, and especially in capital cases, accused persons are entitled to trial and appeal
without undue delay, whatever the outcome of those judicial proceedings turns out to
be”.67
The Human Rights Committee has examined numerous other cases involving
alleged violations of this right, and only a few examples of its jurisprudence will be
highlighted here. In one case, the Committee concluded that a delay of 29 months from
arrest to trial was contrary to article 14(3)(c); the mere affirmation by the State party that
such a delay was not contrary to the Covenant did not constitute a sufficient
explanation.68 A delay of two years between arrest and trial was also considered to
violate article 14(3)(c) (and article 9(3)) of the Covenant, and it was therefore not
necessary for the Committee to “decide whether the further delays in the conduct of
the trial [were] attributable to the State party or not”.69 A fortiori, proceedings that have
63 Communication No. 336/1988, A. Fillastre v. Bolivia (Views adopted on 5 November 1991), in UN doc. GAOR, A/47/40,
p. 306, para. 6.6.
64 Communication No. 639/1995, W. Lawson Richards and T. Walker v. Jamaica (Views adopted on 28 July 1997), in UN doc.
GAOR, A/52/40 (vol. II), p. 189, para. 8.2.
65 Communication No. 526/1993, M. and B. Hill v. Spain (Views adopted on 2 April 1997), in UN doc. GAOR, A/52/40 (vol. II),
p. 17, para. 12.4.
66 Ibid., p. 230, para. 13.4.
67 Ibid., para. 13.5.
68 Communication No. 564/1993, J. Leslie v. Jamaica (Views adopted on 31 July 1998), in UN doc. GAOR, A/53/40 (vol. II),
p. 28, para. 9.3.
69 Communication No. 672/1995, C. Smart v. Trinidad and Tobago (Views adopted on 29 July 1998), in UN doc. GAOR, A/53/40
(vol. II), p. 149, para. 10.2.
268
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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