CCPR/C/121/D/2764/2016
mechanisms for requesting release, particularly articles 222–235 of the Criminal Procedure
Code, which relate to applications for release, with or without bail.
6.5 The Committee notes the claim that the author bases on article 9 (5) of the Covenant,
through which he seeks to obtain redress for Mr. Zogo Andela’s detention, which he
qualifies as arbitrary. The Committee observes, however, that this allegation has not been
presented before the State party’s courts. The Committee recalls that, according to its
jurisprudence, authors must avail themselves of all legal remedies in order to fulfil the
requirement contained in article 5 (2) (b) of the Optional Protocol, insofar as such remedies
appear to be effective and available to the author. 13 Consequently, this part of the
communication should be declared inadmissible under article 5 (2) (b) of the Optional
Protocol.
6.6
The Committee observes that on 14 September 2011 Mr. Zogo Andela requested the
examining magistrate to withdraw the remand warrant, arguing that the magistrate lacked
jurisdiction ratione loci and ratione materiae, and invoking the statute of limitations. His
application was denied by the examining magistrate on 10 October 2011. Mr. Zogo Andela
then appealed against this ruling before the inquiry control chamber of the Centre Region
court of appeal in Yaoundé, which ruled the appeal inadmissible. He subsequently, on 20
September 2012, filed an appeal with the Supreme Court of Cameroon, which was also
denied.
6.7
The Committee further notes that after his remand warrant was extended twice, and
because his pretrial detention no longer had a legal basis as from 30 September 2012 once it
had exceeded the 18 months allowed by the Criminal Procedure Code, on 5 October 2012,
Mr. Zogo Andela filed a petition with the President of the Mfoundi high court for a writ of
habeas corpus, applying for immediate release in accordance with the provisions of article
584 of the Criminal Procedure Code (para. 2.16). His request was denied on 18 October
2012. On 30 October 2012, Mr. Zogo Andela filed an appeal against the ruling, which was
rejected. On 13 April 2015 he filed a new petition for a writ of habeas corpus (para. 2.19); it
too was rejected.
6.8
In the light of these circumstances, the Committee can only conclude that the
domestic remedies have been exhausted in respect of Mr. Zogo Andela’s detention since 30
September 2012. The Committee thus declares that the claim based on a violation of article
9 (1), (3) and (4) of the Covenant admissible under article 5 (2) (b) of the Optional Protocol.
6.9
The Committee notes the author’s argument that Mr. Zogo Andela was deprived of
an effective remedy in violation of article 2 (3) of the Covenant. The Committee recalls that
article 2 of the Covenant may be invoked by individuals only in relation to other provisions
of the Covenant and considers that the author’s claims in that regard should be declared
inadmissible under article 2 of the Optional Protocol.14
6.10 In connection with article 7 of the Covenant, the Committee notes, first, the author’s
allegations concerning the living conditions of Mr. Zogo Andela, which are due to his
detention, and the freezing of his assets, which results from the judicial proceedings in his
case. The author has also drawn attention to the worrying health condition of Mr. Zogo
Andela and the refusal of the prison authorities to provide him with care and a diet suitable
for his state of health. The Committee observes that, according to the evidence contained in
the file, the author has not brought these allegations before the domestic courts. Moreover,
he has not sufficiently substantiated this claim before the Committee, apart from the
production of a medical certificate dated 26 August 2016, which describes Mr. Zogo
Andela’s medical history. 15 The Committee therefore considers that this part of the
13
14
15
GE.17-22814
See communications Nos. 1003/2001, P.L. v. Germany, decision of inadmissibility adopted on 22
October 2003, para. 6.5, and 1813/2008, Akwanga v. Cameroon, Views adopted on 22 March 2011,
para. 6.4.
See communication No. 1632/2007, Picq v. France, decision of inadmissibility of 30 October 2008,
para. 6.4.
See footnote 3, above.
11