RESOLUTION Nš 60/82
November 23, 1982
1. On November 14,
1977, Mr. Davlin Morris, 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 3, 1973 he was arrested by the
police of Mandeville, in the Parish of Manchester, and charged with a
murder he denied having committed. On February 14, 1974, he was
"unfairly" tried in the Manchester Circuit Court,
"unjustly" convicted and subsequently sentenced to death. He
appealed his conviction and sentence. On May 21, 1975, he lost his
appeal before the Supreme Court.
letter of March 14, 1978, the Commission acknowledged receipt of the
communication and, in accordance with Articles 38, 39 and 54 then in
force, requested that the plaintiff supply additional information to
satisfy the requirements of the Regulations.
2. By letter of
January 24, 1979, 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 transcripts of the trials of the Criminal Court
and the Court of Appeals. The Commission further requested additional
information 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 request by letter of January 24, 1979.
3. The Government
of Jamaica, by note of July 20, 1979, replied to the Commission's
request and furnished copies of the transcripts of the Manchester
Circuit Court trial and Judgement of the Court of Appeals regarding the
case of Davlin Morris. The Commission informed the plaintiff of this
submission of the Government of Jamaica by a letter of September 25,
1. A study of the
notes of evidence of the Jamaican Courts and the conduct of the trial of
Davlin Morris show that the rules of criminal procedure of Jamaica were
observed and that the plaintiff received a fair trial.
2. The plaintiff
was assisted by defense counsel;
3. The plaintiff,
Davlin Morris, lost his appeal on his conviction and sentence on May 21,
1975; therefore it is apparent that all legal remedies have been
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.
2. To communicate
this resolution to the Government of Jamaica and to the plaintiff, and
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.
case is illustrative of a number of virtually identical resolutions
adopted by the IACHR this year. The other case numbers are: 3553, 3554,
7500, 7503, 7506, 7507, 7509 and 7514. In all of these the Commission
recommended the suspension of the executions of the convicted persons
and the abolition of the death penalty in Jamaica.