(publicly) discussed ways and means of introducing
multi-party democracy in Cameroon.
Articles of the Covenant: 7, 9, 12 (4), 14 (1) (3), 19
Article of the Optional Protocol: 5 (2) (b)
2.5 Between 26 February and 23 March 1990,
Mr. Mukong was detained at the Mbope Camp of the
Brigade mobile mixte in Douala, where he allegedly
was not allowed to see either his lawyer, his wife or
his friends. He claims that he was subjected to
intimidation and mental torture, in that he was
threatened that he would be taken to the torture
chamber or shot, should any unrest among the
population develop. He took these threats seriously,
as two of his opposition colleagues, who were
detained with him, had in fact been tortured. On one
day, he allegedly was locked in his cell for twentyfour hours, suffering from the heat (temperatures
above 40°C). On another day, he allegedly was
beaten by a prison warder when he refused to eat.
1.
The author of the communication is Albert
Womah Mukong, a citizen of Cameroon born
in 1933. He claims to be a victim of violations by
Cameroon of articles 7; 9, paragraphs 1 to 5; 12,
paragraph 4; 14, paragraphs 1 and 3; and 19 of the
International Covenant on Civil and Political Rights.
He is represented by counsel. The Optional Protocol
entered into force for Cameroon on 27 September
1984.
The facts as submitted by the author
2.1 The author is a journalist, writer and longtime opponent of the one-party system in Cameroon.
He has frequently and publicly advocated the
introduction of multi-party democracy and has
worked towards the establishment of a new political
party in his country. He contends that some of the
books that he has written were either banned or
prohibited from circulation. In the summer of 1990,
he left Cameroon, and in October 1990 applied for
asylum in the United Kingdom of Great Britain and
Northern Ireland. In December 1990, his wife left
Cameroon for Nigeria with her two youngest
children.
2.6 The author contends that there is no effective
remedy for him to exhaust, and that he should be
deemed to have complied with the requirements of
article 5, paragraph 2 (b), of the Optional Protocol.
In respect of his arrests in 1988 and 1990, he claims
that although Ordinance 62/OF/18 of 12 March
1962, under which he was charged with
"intoxication of national and international public
opinion", was abrogated by Law 090/046 of
19 December 1990, the fact remains that at the time
of his arrest, the peaceful public expression of his
opinions was considered a crime. The author adds
that there is no procedure under domestic law by
which one could challenge a law as being
incompatible with international human rights
standards; fundamental human rights are only
guaranteed in the preamble to the country's
Constitution, and the preambular paragraphs are not
enforceable. The fact that the Ordinance of 1962 was
abrogated in 1990 did not provide the author with
relief, since it did not mean that he could challenge
his detention during his imprisonment and, as it was
not made retroactive, it did not mean that he could
seek compensation for unlawful detention.
2.2 On 16 June 1988, the author was arrested,
after an interview given to a correspondent of the
British Broadcasting Corporation (BBC), in which
he had criticized both the President of Cameroon and
the Government. He claims that in detention, he was
not only interrogated about this interview but also
subjected to cruel and inhuman treatment. He
indicates that from 18 June to 12 July, he was
continuously held in a cell, at the First Police
District of Yaoundé, measuring approximately
25 square metres, together with 25 to 30 other
detainees. The cell did not have sanitary facilities.
As the authorities refused to feed him initially, the
author was without food for several days, until his
friends and family managed to locate him.
2.7 The author further submits that the examining
judge of the tribunal of Bafoussam found him guilty
as charged and, by order of 25 January 1989, placed
him under military jurisdiction. He explains that
under domestic law, this examining magistrate does
not decide on either guilt or innocence of an accused,
but merely on whether sufficient evidence exists to
justify an extension of the detention and to place him
under military jurisdiction; the placement under
military jurisdiction allegedly could not be
challenged.
2.3 From 13 July to 10 August 1988, Mr. Mukong
was detained in a cell at the headquarters of the
Police Judiciaire in Yaoundé, together with common
criminals. He claims that he was not allowed to keep
his clothes, and that he was forced to sleep on a
concrete floor. Within two weeks of detention under
these conditions, he fell ill with a chest infection
(bronchitis). Thereafter, he was allowed to wear his
clothes and to use old cartons as a sleeping mat.
2.8 It is noted that the author's lawyer twice
applied to the High Court of Cameroon for writs of
habeas corpus. Both were rejected on the ground that
the case was before a military tribunal and that no
writ of habeas corpus lies against charges to be
2.4 On 5 May 1989, the author was released, but
on 26 February 1990, he was again arrested,
following a meeting on 23 January 1990 during
which several people, including the author, had
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