3.4 The author notes that his arrests on 16 June
1988 and 26 February 1990 were linked to his
activities as an advocate of multi-party democracy,
and claims that these were Government attempts
designed to suppress any opposition activities, in
violation of article 19 of the Covenant. This also
applies to the Government's ban, in 1985, of a book
written by the author (Prisoner without a Crime), in
which he described his detention in local jails
from 1970 to 1976.
determined by a military tribunal. The author
submits that if it was not possible to challenge his
detention by writ of habeas corpus, then other,
theoretically existing, remedies were not in fact
available to him.
2.9 As to remedies against cruel, inhuman and
degrading treatment and torture, the author notes that
the Prosecutor (Ministère Public) may only
prosecute a civil claim for cruel, inhuman and
degrading treatment on behalf of a person who is the
accused in a pending criminal matter. Under
section 5 of Ordinance 72/5 of 26 August 1972, a
Military Tribunal cannot entertain a civil action
separately from a criminal action for which it has
been declared competent. Only the Minister of
Defense or the examining magistrate can seize the
military tribunal with a civil action; civilians cannot
do so. Finally, the author cites from and endorses the
conclusions of a recent Amnesty International report,
according to which the organization "knows of no
cases in recent years where torture allegations have
been the subject of official inquiry in Cameroon. The
authorities also appear to have blocked civil actions
for damages lodged before the courts by former
detainees ...". He concludes that the pursuit of
domestic remedies would be ineffective and that, if
he were to initiate such proceedings, he would be
subjected to further harassment.
3.5 Finally, it is submitted that article 12,
paragraph 4, was violated, as the author is now
prevented from returning to his country. He has been
warned that if he were to return to Cameroon, the
authorities would immediately re-arrest him. This
reportedly is attributable to the fact that in October
1990, the author delivered a petition to the
Secretary-General of the United Nations, seeking his
good offices to persuade the State party's authorities
to observe and respect General Assembly document
A/C.4/L.685 of 18 April 1961 entitled "The question
of the future of the Trust Territory of the Cameroons
under United Kingdom Administration".
The State party's information and observations
4.1 The State party recapitulates the facts leading
to the author's apprehension. According to it, the
interview given by the author to the BBC on
23 April 1988 was full of half truths and untruths,
such as the allegation that the country's economic
crisis was largely attributable to the Cameroonians
themselves, as well as allusions to widespread
corruption and embezzlement of funds at the highest
levels of Government which had remained
unpunished. The author was arrested after the airing
of this interview because, in the State party's
opinion, he could not substantiate his declarations.
They were qualified by the State party as
"intoxication of national and international public
opinion" and thus as subversive within the meaning
of Ordinance No. 62/OF/18 of 12 March 1962. Upon
order of the Assistant Minister of Defence of
5 January 1989, the author was charged with
subversion by the examining magistrate of the
military tribunal of Bafoussam. On 4 May 1989, the
Assistant Minister decreed the closure of the
investigations against the author; he was notified of
this decision on 5 May 1989.
The complaint
3.1 The author alleges a violation of article 7 of
the Covenant on account of the treatment he was
subjected to between 18 June and 10 August 1988,
and during his detention at the Mbope Camp.
3.2 The author further alleges a violation of article
9, as he was not served a warrant for his arrest on
16 June 1988. Charges were not brought until almost
two months later. Moreover, the military tribunal
designated to handle his case postponed the hearing of
the case on several occasions until, on 5 May 1989, it
announced that it had been ordered by the Head of
State to withdraw the charges and release the author.
Again, the arrest on 26 February 1990 occurred
without a warrant being served. On this occasion,
charges were not filed until one month later.
3.3 It is further submitted that the State party
authorities violated article 14, paragraphs 1 and 3, in
that the author was not given any details of the
charges against him; neither was he given time to
prepare his defence adequately. The author claims
that the court – a military tribunal – was neither
independent nor impartial, as it was clearly subject
to the influence of high-level government officials.
In particular, as the judges were military officers,
they were subject to the authority of the President of
Cameroon, himself the Commander-in-Chief of the
armed forces.
4.2 The State party contends that in respect of his
allegations under article 7, the author failed to
initiate judicial proceedings against those held
responsible for his treatment. In this connection, it
observes that he could have:
(a)
Denounced the treatment of which he
was a victim to the competent Ministry, which
should then have investigated the allegations;
88
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