CCPR/C/112/D/1965/2010 economic elite. He adds that new charges were brought against him (attempted murder and assault).7 Author’s further submission on admissibility 9. On 5 July 2011, the author responded to the State party’s observations on admissibility. He maintained that his communication is admissible, and reiterated that the remedies mentioned by the State party are not effective, and noted that he was not eligible for legal aid, as prior to the fire which destroyed his home, he was a businessman and creditor with adequate financial means. State party’s further submission on the merits 10.1 On 24 January 2012, the State party reiterated its previous submission, and noted that the parties disagree on the facts: while the author maintains that he was assaulted by the Government delegate heading the Limbe Urban Council, the latter alleges that the author attempted to murder him. A judicial investigation (information judiciaire) was launched with a view to clarifying the situation. 10.2 The State party maintains that the author’s right to liberty and security was protected, as the Prosecutor opposed his detention, and thus the detention order was not enforced in his regard. The State party thus maintains that the author was not detained, as is confirmed in the author’s affidavit annexed to his complaint. 8 10.3 The State party rejects the author’s allegations of discrimination, reiterating that a judicial investigation was initiated, and that charges were brought not only against the author (for attempted murder and disturbance of public service), but also against Lifanda Samuel Ebiama, the Government delegate heading the Limbe Urban Council (for charges of assault occasioning grievous harm and conditional threats).9 Issues and proceedings before the Committee Consideration of admissibility 11.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not the case is admissible under the Optional Protocol to the Covenant. 11.2 The Committee has ascertained, as required under article 5, paragraph 2 (a), of the Optional Protocol, that the same matter is not being examined under another procedure of international investigation or settlement. 11.3 The Committee notes the State party’s challenge to the admissibility of the communication on the ground that domestic remedies have not been exhausted. In the State 7 8 9 8 The author annexes a summons (mandat de comparution) dated 25 February 2011 which indicates that the author was charged with attempted murder and assault. Dated 24 April 2004. The affidavit describes in the incident of 25 October 2002, when the author was at the Limbe Hospital to buy some medication, where the head of the Limbe Urban Council municipal police came to look for him, and showed him a detention order signed by the Senior Divisional Officer for Fako, dated 13 August 2002. The relevant section reads: “[the author showed ] resistance to the arrest and was seriously battered … The crowd sympathized with him by preventing the false arrest … He was eventually taken to the gendarmerie post in Limbe, but the pressure from the crowd forced the gendarmes to release him 20 minutes later.” Document dated 7 February 2011, Court of Appeal of the South-West, criminal proceedings against Njie Monika John and Lifanda Samuel Ebiama.