Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement
Article 14(3)(d) was further violated in a capital case where the author had
indicated that he wished to be present in person during the appeal proceedings and that
he did not want legal aid. This wish was ignored and the appeal was pursued in the
presence of a legal aid attorney, who argued the appeal on a ground that the author had
not wished to pursue. The Committee noted “with concern that the author was not
informed with sufficient advance notice about the date of the hearing of his appeal”, a
delay that “jeopardized his opportunities to prepare his appeal and to consult with his
court-appointed lawyer, whose identity he did not know until the day of the hearing
itself”. His “opportunities to prepare the appeal were further frustrated by the fact that
the application for leave to appeal was treated as the hearing of the appeal itself, at
which he was not authorized to be present”.109
Failure of lawyer to appear in court:
The case of Robinson
This situation arose in the Robinson case, where the trial had been postponed several
times because the prosecution had problems locating its chief witness. When the
witness was finally located and the trial began, the author’s lawyers were not present
in court, yet the trial was allowed to proceed and the author had to defend himself. He
was convicted of murder and sentenced to death.110 The Committee based itself on
the terms of article 14(3)(d), according to which everyone shall have legal assistance
assigned to him, in any case where the interests of justice so require.111 It reiterated
that “it is axiomatic that legal assistance be available in capital cases”, and that this is
so “even if the unavailability of private counsel is to some degree attributable to the
author himself, and even if the provision of legal assistance would entail an
adjournment of proceedings”; moreover, this “requirement is not rendered
unnecessary by efforts that might otherwise be made by the trial judge to assist the
author in handling his defence in the absence of counsel”.112 It followed that in this
case “the absence of counsel constituted unfair trial”.113
109 Communication No. 338/1988, L. Simmonds v. Jamaica (Views adopted on 23 October 1992), in UN doc. GAOR, A/48/40
(vol. II), p. 82, para. 8.4. See also a case where the lawyer failed to follow the accused’s instructions: Communication No. 248/1987,
G. Campbell v. Jamaica (Views adopted on 30 March 1992, in UN doc. GAOR, A/47/40, p. 247, para. 6.6.
110 Communication No. 223/1987, F. Robinson v. Jamaica (Views adopted on 30 March 1989), in UN doc. GAOR, A/44/40,
pp. 244-245, para. 10.2.
111 Ibid., p. 245, para. 10.3.
112 Ibid., loc. cit.
113 Ibid.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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