BackAfter an intervention from Ombudsman John Walters, a long-term prison inmate finally received an answer to his application to be allowed to appeal to the Supreme Court for murder that he had received at the end of his trial in the High Court in September 1990. The judge who presided at that trial had made a ruling in which he granted the inmate leave to appeal to the Supreme Court, however, the case appears to have fallen through the administrative cracks and the ruling was never communicated to the person affected.
The inmate approached the Office of the Ombudsman twice, in 2006 and in 2012, in order to receive assistance. When the Ombudsman initiated enquiries regarding the matter, the inmate’s case file couldn’t be traced back at first. However, after some research in the court’s archives, the inmate was given the opportunity to make an appearance before the Court.
In his report on delayed appeals in July 2013, the Ombudsman referred to the International Covenant on Civil and Political Rights, which imposes a duty on its state parties to organise their judicial system in a way that enables the courts to hear an appeal within a reasonable time. Delays with appeals therefore constitute a violation of human rights. However, no measures have been taken by the Ministry of Justice to prevent similar cases so far.
For further details please consult the article below.
