6.11 The State party reiterates its arguments
detailed in paragraphs 6.9 and 6.10 above in the
context of alleged violations of article 14,
paragraphs 1 and 3. It further draws attention to the
fact that the author himself argued that his acquittal
by the military tribunal on 5 April 1990 proved that
the judges considered him to be innocent. The State
party wonders how, in the circumstances, a tribunal
that acquitted the author can be qualified as partial
and its judges subject to the influence of high
government officials.
remedy and the relevance of the judgments referred
to by the State party.
6.12 Finally, the State party contends that there is
no basis for the author's allegation that he has been
denied the right to return to his country (art. 12, para.
4). No law, regulation or decree contains a
prohibition in this respect. It is submitted that
Mr. Mukong left Cameroon of his own free will and
is free to return whenever he wishes to do so.
(c)
Law 90-52 of 19 December 1990
relating to the freedom of mass communication;
7.1 In his comments, the author affirms that in
respect of claims for compensation for ill-treatment
or torture, there are still no appropriate or effective
ways to seek redress in the domestic courts. Under
the applicable laws, any such action necessitates the
authorization of a Government authority, such as the
Ministry of Justice or the Ministry of Defence. The
author argues that the so-called "liberty laws"
entrench arbitrary detention by administrative
officers and continue to be used for human rights
violations, and the courts cannot entertin actions
arising from the application of these laws.
The author submits that all these laws fall far short
of the requirements of the Universal Declaration of
Human Rights and of the International Covenant on
Civil and Political Rights.
7.5 The author appeals to the Committee to
examine closely the so-called "liberty laws" of
December 1990, and in particular:
(a)
Decree 90-1459 of 8 November 1990
to set up a national commission on human rights and
freedoms;
(b)
Law 90-47 of 19 December 1990
relating to states of emergency;
(d)
Law 90-56 of 19 December 1990
relating to political parties;
(e)
Law 90-54 of 19 December 1990
relating to the maintenance of law and order.
7.6 The author challenges the State party's
contention that he was himself responsible for the
delay in the adjudication of his case in 1989. He
affirms that he asked only once for a postponement
of the hearing and was ready with his defence as
of 9 February 1989. From that day onward, his
lawyers attended the court sessions, as did observers
from the British and American Embassies in
Yaoundé. The author emphasizes that he did not
request another adjournment.
7.2 The author further contends that such
treatment as he was subjected to in detention cannot
be justified by the legitimacy of the sanction
imposed against him, as in the first case (1988), the
charges against him were withdrawn at the request of
the Assistant Minister of Defence, and in the second
case (1990), he was acquitted. He dismisses the State
party's contention that conditions of detention are a
factor of the underdevelopment of the country, and
notes that if this argument were to be accepted, a
country could always hide behind the excuse of
being poor to justify perpetual human rights
violations.
7.7 Finally, the author observes that he was able
to return to his country only as a result of
"diplomatic action taken by some big powers
interested in human rights". He notes that although
he has not been molested openly for past activities,
he was again arrested, together with other
individuals fighting for multiparty democracy and
human rights, on 15 October 1993 in the city of
Kom. He claims that he and the others were
transported under inhuman conditions to Bamenda,
where they were released in the afternoon of
16 October 1993. Finally, the author notes that the
ban on his book Prisoner without a Crime was lifted,
apparently, after his complaint was filed with the
Human Rights Committee. The book now circulates
freely, but to argue, as is implied in the State party's
observations on the merits of his complaint, that it
was never banned, does not conform to the truth.
7.3 According to the author, the report of the
National Centre for Studies and Research (see
para. 6.3 above) is unreliable and "fabricated" and
points out that, in fact, the report consists of no more
than a written reply to some questions provided by
the very individual who had threatened him at the
camp in Douala.
7.4 The author indirectly confirms that domestic
courts may entertain claims for damages for illtreatment, but points out that the case referred to by
the State party is still pending before the Supreme
Court, although the appeal was filed in 1981. He
thus questions the effectiveness of this type of
Revision of admissibility and examination of the
merits
8.1 The Committee has taken note of the State
party's request that the admissibility decision
of 8 July 1992 be reviewed pursuant to rule 93,
91
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