Communication No. 428/1990
Submitted by: Yvonne M’Boissona on 14 November 1990
Alleged victim: Her brother, François Bozize
State party: Central African Republic
Declared admissible: 8 July 1992 (forty-fifth session)
Date of adoption of Views: 7 April 1994 (fiftieth session)
2.2 Upon his return to Bangui, Mr. Bozize was
imprisoned at Camp Roux, where he allegedly
suffered serious maltreatment and beatings. The
author claims that her brother was not allowed
access to a lawyer of his own choosing, nor to a
member of his family. Allegedly, not even a doctor
was allowed to see him to provide basic medical
care. Furthermore, the sanitary conditions of the
prison are said to be deplorable and the food
allegedly consists of rotten meat mixed with sand; as
a result, the weight of Mr. Bozize dropped to
40 kilograms by the summer of 1990.
Subject matter: Alleged denial of the rights of a
political opponent during arrest and detention
and alleged violation of the right to be tried
within a reasonable time
Procedural issues: State party’s failure to make
submission on admissibility and merits – Lack
of substantiation of claim(s)
Substantive issues: Right to a fair trial – Ill-treatment
and torture – Treatment during imprisonment
– Liberty and security of the person
Articles of the Covenant: 7, 9, 10, 14 (1) (3) and 19
2.3 During the night of 10 to 11 July 1990, the
prison authorities of Camp Roux reportedly stagemanaged a power failure in the sector of town where
the prison is located, purportedly to incite
Mr. Bozize to attempt an escape. As this practice is
said to be common and invariably results in the
death of the would-be escapee, Mr. Bozize did not
leave his cell. The author contends that in the course
of the night, her brother was brutally beaten for
several hours and severely injured. This version of
the events was confirmed by Mr. Bozize's lawyer,
Maître Thiangaye, who was able to visit his client on
26 October 1990 and who noticed numerous traces
of beatings and ascertained that Mr. Bozize had two
broken ribs. The lawyer also reported that
Mr. Bozize was kept shackled, that his reading
material had been confiscated and that the prison
guards only allowed him out of his cell twice a
week. Allegedly, this treatment is known to, and
condoned by, President Kolingba and the Ministers
of Defence and of the Interior.
Articles of the Optional Protocol: 4 (2) and 5 (2) (b)
1.
The author of the communication is Yvonne
M'Boissona, a citizen of the Central African
Republic residing at Stains, France. She submits the
communication on behalf of her brother, François
Bozize, currently detained at a penitentiary at
Bangui, Central African Republic. She claims that
her brother is a victim of violations of his human
rights by the authorities of the Central African
Republic, but does not invoke any provisions of the
International Covenant on Civil and Political Rights.
The facts as submitted by the author
2.1 The author states that her brother was a highlevel military officer of the armed forces of the
Central African Republic. On 3 March 1982, he
instigated a coup d'état; after its failure, he went into
exile in Benin. On 24 July 1989, the author's brother
was arrested at a hotel in Cotonou, Benin, together
with 11 other citizens of the Central African
Republic; all were presumed members of the
political opposition, the Central African Movement
of National Liberation (Mouvement centrafricain de
libération nationale). On 31 August 1989,
Mr. Bozize and the other opposition activists were
repatriated by force, allegedly with the help of a
Central African Republic military commando
allowed to operate within Benin; this "extradition" is
said to have been negotiated between the
Governments of Benin and the Central African
Republic. The forced repatriation occurred without a
formal extradition request having been issued by the
Government of the Central African Republic.
2.4 The authorities of the Central African
Republic consistently maintain that Mr. Bozize
indeed attempted to escape from the prison and that
he sustained injuries in the process. This is denied by
the author, who points to her brother's weak physical
condition in the summer of 1990 and argues that he
could not possibly have climbed over the threemetre-high prison wall.
2.5 Mr. Bozize's wife, who currently resides in
France, has requested the good offices of the French
authorities. By a letter of 29 October 1990, the
President of the National Assembly informed her
that the French foreign service had ascertained that
Mr. Bozize was alive and that he had been
transferred to the Kassai prison at Bangui.
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