CCPR/C/121/D/2764/2016
funds, an offence punishable under article 184 of the 1965 Cameroonian Criminal Code, for
acts committed between 1996 and 2003, and that the change of court changed neither the
legal characterization of the offence nor the applicable penalty. The Committee therefore
concludes that the author’s claim under article 15 is incompatible ratione materiae with the
rights enshrined in the Covenant and is thus inadmissible by virtue of article 3 of the
Optional Protocol.
6.16 With regard to the author’s argument, under article 16, that the criminal liability of
Mr. Zogo Andela is not involved, inasmuch as such liability should be that of the legal
person of the SCLM company of which he was chairman and chief executive, the
Committee considers that this claim, too, should be dismissed, as Mr. Zogo Andela is
personally accused of certain offences that he reportedly committed while directing SCLM
and has been prosecuted as an individual in that capacity. This claim is thus incompatible
ratione materiae with article 16 and should be declared inadmissible by virtue of article 3
of the Optional Protocol.
6.17 With regard to the claim under article 26, the Committee notes that the author has
apparently not lodged his claim with the domestic courts. Furthermore, the Committee
considers that the author has not sufficiently founded the claim, as he has failed to show a
difference in treatment from that of other persons under the State party’s jurisdiction on the
basis of any of the grounds listed under article 26 of the Covenant. The Committee
therefore declares this part of the communication inadmissible under article 2 and article 5
(2) (b) of the Optional Protocol.
6.18 The Committee considers that the author has sufficiently substantiated for the
purposes of admissibility his claims under article 9 (1) (3) and (4) and article 14 (2) and (3)
(c) of the Covenant, and therefore proceeds to a consideration of those claims on the merits.
Consideration of the merits
7.1
In accordance with article 5 (1) of the Optional Protocol, the Committee has
considered the communication in the light of all the information made available to it by the
parties.
7.2
The Committee recalls that, in accordance with article 9 of the Covenant, no one
may be subjected to arbitrary arrest or detention. The Committee further recalls that after an
initial determination has been made that pretrial detention is necessary, there should be
periodic re-examination of whether it continues to be reasonable and necessary in the light
of possible alternatives. 20 Article 9 (3) provides that “Anyone arrested or detained on a
criminal charge ... shall be entitled to trial within a reasonable time or to release”. The
Committee notes that since being indicted, Mr. Zogo Andela has been in pretrial detention
since 30 March 2011. It further notes that the courts of the State party have justified
keeping him in detention on purely procedural grounds, as the case has been transferred to
the Special Criminal Court, without a substantive examination of his detention being
carried out. The Committee notes that no review of the lawfulness of the detention has been
performed. That being the case, and considering that the State party has not advanced any
grounds that would justify Mr. Zogo Andela’s continued detention, the Committee finds a
violation of article 9 (1), (3) and (4).
7.3
With regard to the claim of excessive procedural delays, the Committee takes note
of the author’s allegation that Mr. Zogo Andela, since being indicted in 2011 and remanded
in custody more than six years ago, has still not been tried for the offences of which he is
accused. The Committee also notes the other procedural delays of which the author
complains, including the decision by the Centre Region court of appeal of 24 July 2012
following the appeal lodged by Mr. Zogo Andela, which was issued more than 10 months
after the expiry of the time limit laid down by Cameroonian law (para. 2.12). Moreover, the
Committee notes that it was only on 1 July 2015 that the Supreme Court ruled on the appeal
20
GE.17-22814
General comment No. 35 (2014) on article 9 (liberty and security of person), para. 38; see also
communication No. 1085/2002, Taright et al. v. Algeria, Views adopted on 15 March 2006, paras. 8.3
and 8.4.
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