## Facts

- Damian Thomas, a Jamaican national born in 1980, was arrested on May 9, 1995 at age 15 and later convicted on May 3, 1996.
- He was brought before the Gun Court on two murder allegations; one proceeded to trial in the Home Circuit Court.
- He was sentenced to be detained “during Her Majesty’s pleasure.”
- Beginning May 5, 1996, Thomas was held in the General Penitentiary in Kingston and later in St. Catherine’s District Prison.
- Thomas alleged that, as a juvenile detainee, he was not separated from adult prisoners and was held under an adult prison regime.
- He submitted a communication under the Optional Protocol to the ICCPR on August 16, 1997, alleging breaches relating to juvenile detention and special protection of minors.
- Jamaica raised a temporal-jurisdiction objection; the Committee treated the complained-of detention conditions as continuing in nature for purposes of jurisdiction.
- The Human Rights Committee adopted its Views on May 26, 1999; one member filed a dissenting opinion.

## Issues

1. Whether detaining a juvenile without separation from adult prisoners violated ICCPR arts. 10(2)(b) and 10(3).
2. Whether Jamaica failed to provide the special measures of protection required for a minor under ICCPR art. 24(1) in the context of custody.
3. Whether the Committee had temporal jurisdiction (ratione temporis) over alleged violations arising from continuing conditions of detention.

## Decision

- The Committee found the communication admissible with respect to claims under ICCPR arts. 10(2)(b), 10(3), and 24(1).
- The Committee rejected the temporal-jurisdiction objection to the extent the alleged violations concerned continuing conditions of detention falling within the relevant period.
- The Committee concluded Jamaica violated ICCPR arts. 10(2)(b) and 10(3) by failing to segregate Thomas, a juvenile, from adult prisoners and by not providing treatment appropriate to his age and legal status.
- The Committee also found a violation of ICCPR art. 24(1) for failure to afford Thomas special measures of protection required by his status as a minor.
- The Committee indicated Jamaica was required to provide an effective remedy and take steps to prevent similar violations.

## Legal Principles

- Under ICCPR art. 10(2)(b), accused juveniles deprived of liberty must be separated from adults.
- Under ICCPR art. 10(3), juvenile offenders must be segregated from adults and accorded treatment appropriate to their age and legal status, oriented toward rehabilitation.
- ICCPR art. 24(1) requires affirmative protective measures for children based on their status as minors; custody arrangements must reflect heightened protection obligations.
- For ratione temporis, continuing detention conditions may be assessed within the Committee’s competence when the challenged situation persists into the relevant period.

## Conclusion

The Human Rights Committee held that Jamaica’s detention of a minor in adult prisons without segregation and without age-appropriate conditions breached ICCPR arts. 10(2)(b), 10(3), and 24(1), and required an effective remedy and non-repetition measures.


Thomas v. Jamaica, Commc’n No. 800/1998, U.N. Doc. CCPR/C/65/D/800/1998 (Hum. Rts. Comm. 1999)