CCPR/C/121/D/2764/2016 2.23 Since his incarceration, Mr. Zogo Andela has developed a number of ailments: heart disease, high blood pressure, diabetes and problems with his eyes and teeth. 3 For lack of financial resources, he has not had access to medical assistance since 27 November 2013, despite the marked deterioration in his state of health. 2.24 Moreover, all Mr. Zogo Andela’s personal and professional property has been frozen since 31 March 2011 and this has prevented him from obtaining paid legal or medical services. In addition, his house was searched on 14 November 2011 and his property was seized the same day. 2.25 On 14 October 2016, the author informed the Committee that, following the notification of the first hearing before the Special Criminal Court on 12 October 2016, he had submitted a new application to the Supreme Court for the annulment of the various adjudicatory acts and the listing of the case by the Special Criminal Court. Mr. Zogo Andela was forced to leave his cell to attend court but refused to participate in what he described as a travesty of justice. The complaint 3.1 The author considers, with reference to article 2 (3) of the Covenant, that, given the numerous fruitless attempts that Mr. Zogo Andela has made to obtain justice, he has been deprived of the right to an effective remedy. 3.2 The author claims that, in the case of Mr. Zogo Andela, the State of Cameroon has committed a violation of article 9 (1), (3), (4) and (5) of the Covenant, in that he considers the arrest and detention to have been arbitrary. Mr. Zogo Andela has been in custody since 30 March 2011, while the maximum legal term for pretrial detention provided by the Criminal Procedure Code expired on 30 September 2012. It has now been over five years, therefore, that he has been in detention as an accused person without having stood trial. 3.3 The author claims a violation of article 11 of the Covenant, in that he considers that the dispute between Mr. Zogo Andela and the State of Cameroon is of a contractual nature and that his imprisonment is therefore illegal. 3.4 The author argues that there has been a violation of the provisions of article 14 (1) of the Covenant against Mr. Zogo Andela, in that he has not been given a fair and public hearing by a competent and impartial tribunal. In addition, he claims that the principle of the devolutive effect of an appeal has been violated, inasmuch as the committal of the case to the Special Criminal Court prevented the appeal court from hearing his appeal and thus violated his right to a fair trial. It is his view that the examining magistrate secretly drew up a fraudulent committal order without having carried out a judicial inquiry. This constituted deliberate delaying tactics, which revealed the biased and unlawful nature of the committal order. He also considers that Mr. Zogo Andela was not afforded the presumption of innocence, in violation of article 14 (2). 3.5 Moreover, in view of the numerous and excessive delays in the consideration of the case of Mr. Zogo Andela, and the fact that he has still not been brought to trial, the author maintains that there has been an excessive procedural delay, in violation of article 14 (3) (c) of the Covenant. 3.6 In addition, according to the author, the Special Criminal Court is a newly created special tribunal that does not recognize the principle of a second hearing, in violation of article 14 (5) of the Covenant. 3.7 The principle of the non-retroactivity of criminal law has also been disregarded, in that Mr. Zogo Andela was imprisoned prior to the establishment of the Special Criminal Court assigned to hear his case, in violation of article 15 (1) of the Covenant. Moreover, in Cameroon, criminal business law is governed by Act No. 2003/008 of 10 July 2003, which penalizes business offences with a maximum term of 5 years’ imprisonment. The Act is of 3 GE.17-22814 The author attaches a medical certificate dated 26 August 2016, which confirms the presence of cervicobrachial neuralgia and notes a previous history of type II diabetes, heart disease and high blood pressure. 5