claims, the Committee considered them to be
admissible.
(b)
Filed a civil action with the Magistrate
responsible for judicial investigation and
information;
5.3 On 8 July 1992, therefore, the Committee
declared the communication admissible, reserving
however the right to review its decision pursuant to
rule 93, paragraph 4, of the rules of procedure, in
respect of the author's claim under article 7.
(c)
Directly filed a complaint with the
competent tribunal against those held to be
responsible for the acts;
(d)
Charged the responsible officers of
having abused their official function, pursuant to
article 140 of the Criminal Code;
The State party's request for review of admissibility
and observations on the merits, and the author's
comments thereon
(e)
Invoked articles 275 and 290 of the
Criminal Code, which provide protection against
attacks on the physical integrity of the person;
6.1 In its submission under article 4, paragraph 2,
of the Optional Protocol, the State party argues that
the reasons for declaring the communication
admissible are no longer valid and accordingly
requests the Committee to review its decision on
admissibility.
(f)
Invoked articles 291 and 308 of the
same Code, which provide protection against attacks
on the liberty and security of persons;
(g)
Petitioned the Administrative Chamber
of the Supreme Court under article 9 of
Ordinance 72/6 of 26 August 1972, as amended by
Law 75/16 of 8 December 1975 and Law 76/28 of 14
December 1976, if he considered himself to be a
victim of an administrative wrong.
6.2 After once again questioning the correctness
of the author's version of the facts, it addresses the
author's claims. As to the alleged violation of article
7 on account of the conditions of the author's
detention, it notes that article 1 of the Convention
Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment stipulates that
the term "torture" does not include pain or suffering
arising only from, inherent in or incidental to, lawful
sanctions. It adds that the situation and comfort in
the country's prisons must be linked to the state of
economic and social development of Cameroon.
4.3 In respect of the legal basis for the arrest of
Mr. Mukong in 1988 and 1990, the State party notes
that Ordinance 62/OF/18 was abrogated by Law
No. 090/046 of 19 December 1990.
The Committee's decision on admissibility
5.1 During its forty-fifth session, the Committee
considered the admissibility of the communication. It
took note of the State party's contention that the
author had not availed himself of judicial remedies in
respect of claims of ill-treatment and of inhuman and
degrading treatment in detention. The Committee
observed, however, that the State party had merely
listed in abstracto the existence of several remedies
without relating them to the circumstances of the case,
and without showing how they might provide
effective redress in the circumstances of the case. This
applied in particular to the period of detention from
26 February to 23 March 1990, when the author was
allegedly held incommunicado and subjected to
threats. The Committee concluded that in the
circumstances, it could not be held against the author
if he did not petition the courts after his release and
that, in the absence of further information from the
State party, there was no further effective domestic
remedy to exhaust.
6.3 The State party categorically denies that
Mr. Mukong was, at any time during his detention in
June 1988 or in February/March 1990, subjected to
torture or cruel, inhuman or degrading treatment. It
submits that the burden of proof for his allegations
lies with the author, and that his reference to
Amnesty International reports about instances of
torture in Cameroonian prisons cannot constitute
acceptable proof. The State party includes a report of
an investigation into the author's allegations carried
out by the National Centre for Studies and Research
which concludes that the prison authorities in Douala
actually sought to improve the prison conditions
after the arrest of the author and a number of codefendants, and that the "excessive heat" in the
author's cell (above 40°C) is simply the result of the
climatic conditions in Douala during the month of
February.
6.4 The State party reiterates that the author has
failed to exhaust available remedies, as required
under article 5, paragraph 2 (b), of the Optional
Protocol and article 41 (c) of the Covenant. It takes
issue with the Committee's jurisprudence that
domestic remedies must not only be available but
also effective. It further dismisses the author's
contention as reflected in paragraph 2.9 above and
refers in this context to section 8 (2) of
5.2 As to the author's claims under articles 9, 14
and 19, the Committee notes that the simple
abrogation of a law considered incompatible with the
provisions of the Covenant – i.e. Ordinance
62/OF/18 of 12 March 1962 – did not constitute an
effective remedy for any violations of an individual's
rights which had previously occurred under the
abrogated law. As the State party had not shown the
existence of other remedies in respect of these
89
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents