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case has never been the subject of a judicial inquiry since the transfer to the Special
Criminal Court. Moreover, Mr. Zogo Andela was never formally notified of the committal
order.
2.15 On 22 November 2012, Mr. Zogo Andela applied to the President of the Supreme
Court to challenge the committal order of 12 September 2012 transferring his case to the
Special Criminal Court, citing, among other things, a violation of his rights to a defence, lis
alibi pendens, a conflict of jurisdictions and abuse of power. The author maintains that, as
in the case of the other remedies pursued, the application to the Supreme Court turned out
to be unsuccessful and ineffective.
2.16 In view of the fact that his remand warrant had expired on 30 September 2012, after
two six-month extensions, Mr. Zogo Andela filed a petition with the President of the
Mfoundi high court for a writ of habeas corpus, applying for immediate release, in
accordance with the provisions of articles 584 ff. of the Criminal Procedure Code. This
request was refused on 18 October 2012, on the basis of the committal order to the Special
Criminal Court of 12 September 2012.
2.17 On 24 October 2012, Mr. Zogo Andela applied to the President of the Centre Region
court of appeal to complain of an infringement of his presumption of innocence and the
biased and illegal nature of the committal order that had been issued against him. As far as
he knows, no action was taken on this application.
2.18 On 30 October 2012, Mr. Zogo Andela lodged an appeal against the first-instance
decision on the habeas corpus petition of 18 October 2012. On 26 November 2012, the
President of the Centre Region court of appeal, which heard the appeal, issued an
interlocutory decision ordering a stay of judgment on Mr. Zogo Andela’s application for
immediate release until the Supreme Court had ruled on his pending appeals going back
over more than three years. Mr. Zogo Andela was notified of this decision only on 14
February 2014, or more than 15 months after its adoption. Consequently, Mr. Zogo Andela
was prevented from exercising his right of appeal against the decision.
2.19 On 13 April 2015, Mr. Zogo Andela lodged another appeal with the President of the
Mfoundi high court, pursuant to article 584 (1) of the Criminal Procedure Code, requesting
immediate release on the grounds of the illegality of his arrest and detention. The first
hearing of the case was held on 12 May 2015 and adjourned to 19 May 2015. The case was
then adjourned again to 26 May 2015 “in connection with preparations for the national day
on 20 May 2015” and then deferred once more until 9 June 2015, without discussion, on the
sole grounds that the representative of the public prosecution service had already requested
the dismissal of the appeal, citing the committal order to the Special Criminal Court of 12
September 2012.
2.20 On 21 May 2015, Mr. Zogo Andela was taken to the office of the President of the
Special Criminal Court, where he was informed that his case had been listed for hearing,
and he was notified of the date of the first hearing. He pointed out that the committal order
to the Special Criminal Court had been contested before the Supreme Court, in an appeal
that was still pending. After a long discussion and the categorical refusal of Mr. Zogo
Andela to sign the required notifications, the President of the Court consented to the
suspension of the listing of the case until the Supreme Court had ruled on his application
for the committal order to be annulled and on his other requests.
2.21 Mr. Zogo Andela also appealed to the President of the Republic on 7 August 2014,
but no action was taken. On 27 April 2015, he appealed to the National Commission on
Human Rights and Freedoms, but there, too, no action was taken.
2.22 The author maintains that his father, Mr. Zogo Andela, has still not been tried for the
charges levelled against him since he was first investigated in 2011. He was remanded in
custody five years ago and no measure of investigation has been conducted since that time.
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