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Date: Sat, 23 Jan 1993 21:40:04 +0000

IVAN MORGAN, DEATH ROW, ST CATHERINE'S DISTRICT PRISON, JAMAICA
AND THE IMMINENT RESUMPTION OF HANGING
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In March 1991, I posted up an appeal for help in preventing the
execution by hanging of Ivan Morgan, with whom I have been corresponding
for three years.  He was, thank goodness, saved.  Arrested in 1977 and
charged two years later with a murder he claims he never committed, Ivan
has spent the last 14 years under sentence of death.  The Jamaican
authorities have tried three times to carry it out, despite
recommendations by the United Nations Human Rights Committee that it
should be commuted to life imprison ment.

Ivan is jointly charged with Earl Pratt.  Their case comes before the
Judicial Committee of the Privy Council here in London next month - the
final stage in appeals by prisoners in Caribbean islands which were
formerly British colonies.  There was a documentary about Ivan and Earl
screened on Channel 4 just before Christmas.

In October last year, a Bill to amend the Offences Against the Person
Act was passed in the Jamaican Parliament, categorising murders into
capital and non-capital offences.  Ivan Morgan and Earl Pratt have had
their offence reclassified as a capital one.  The new Amendment Act
stipulates that only the actual killer - and not his accomplice - may be
charged with capital murder.  Since it is Earl Pratt who is alleged to
have pulled the trigger of the gun in 1977, Ivan's offence has been
wrongly reclassified.

Ivan's tragedy is being played out against the backdrop of a struggle
between those in the Jamaican Government who oppose the use of the death
penalty and those who advocate it.  A sharp decline in Jamaica's economy
has been matched by a rise in violent crime and the opinions of those
who clamour for hanging to resume appear to be prevailing.  But Amnesty
International, while sympathising deeply with the families of victims,
can find no evidence to suggest that the death penalty deters crime more
effectivel y than other punishments: indeed, it is brutalising to all
involved.

Measures are already being undertaken by the Jamaican authorities to
improve police training and technology and these are a great deal more
likely to halt the rise in violent crime than mass executions.  At
present, there are 270 men on death row in Jamaica.  So far, 47
prisoners have had their death sentences commuted to life imprisonment
while 85 have had their offences reclassified as capital murders.

The review process has been conducted with little regard for prisoners'
rights under both Jamaican and international law.  The new Amendment Act
provides for a prisoner charged with capital murder to request in
writing a review of his reclassification, the request to be made not
more than 21 days after the prisoner has been notified of the decision.
However, since there is no legal aid provided in Jamaica after the trial
and direct appeal, most prisoners are represented by British lawyers who
handle free o f charge appeals to the Judicial Committee of the Privy
Council.  By the time these lawyers had received notification of their
clients' reclassifications, the 21-day period had almost expired in many
cases.

The Jamaica Court of Appeal is sitting in mid-February to review
reclassifications and its decision is final.

You may have already received information on this from Amnesty
International, in which case, I apologise for the duplication.  I am
reluctant to intrude upon your time and patience but I agree with
Amnesty that now is the moment to send a loud and clear trumpet-blast of
support to all those in Jamaica who are trying frantically to avert the
hideous prospect of hangings on a massive scale next month.  The
Chaplain to St Catherine's District Prison, a Canadian Jesuit, is
organising an anti-death penalty campa ign in Jamaica, for a start, and
plans to take out full-page advertisements in the Jamaican press.

Here, in Britain, Chris Mullin, MP has put down an Early Day Motion on
the subject of Jamaica's move towards hangings and, so far, 101 MP's
have signed it.

It would help immeasurably if you could somehow find the time to send a
fax to the Prime Minister of Jamaica, protesting against the move
towards a resumption of hanging and questioning the reclassification of
Ivan Morgan's alleged offence.  Amnesty International recommends that
copies of faxes should be sent to the Daily Gleaner, a leading
newspaper, if at all possible.  I give details below:-

The Rt. Hon. P.J. Patterson, PC, QC, MP
Prime Minister
Kingston, Jamaica
Fax no.: 0101-809-929-0005

Daily Gleaner
Kingston, Jamaica
Fax no.: 0101-809-922-6223

I shall, of course, let you know what transpires.

With all best wishes,

-----------
Caroline Brown (Tel/fax +44-71-221 2428)