CCPR/C/112/D/1965/2010
party’s view, the author did not consider the possibility of bringing the matter before the
competent magistrate (plainte avec constitution de partie civile) under section 157 of the
Code of Penal Procedure, or seize directly the presiding judge with a private prosecution
(citation directe de particulier) under section 290 of the Code of Penal Procedure. The
Committee also notes that, according to the State party, the author has written letters to
political and administrative authorities but has not, strictly speaking, initiated legal action.
However, the Committee takes note of the author’s argument, which is confirmed by the
material available in the file, that on 17 September 2002, he lodged a complaint before the
State Prosecutor-General of the South-Western Province in which he explicitly requested
that investigations be undertaken into his allegations of assault concerning the incident of
29 August 2002. The author renewed his complaint with the State Prosecutor-General of
the South-Western Province, on 3 October 2002, in which he referred to threats to his life,
security and personal liberty. On the same day, he also filed a complaint with the State
Prosecutor in Limbe on the same grounds.
11.4 The Committee recalls that, for the purposes of admissibility of a communication,
the author must exhaust only the remedies effective against the alleged violation. The
Committee takes note of the State party’s argument that the citation directe or plainte avec
constitution de partie civile were remedies which the author should have exhausted. The
Committee notes, however, the author’s argument, according to which under such
procedures, any complaint is transmitted to the State Prosecutor, who may either declare the
complaint inadmissible or, in the alternative, order the initiation of an investigation
(para. 5.4). In the present case, the Committee recalls that the author has already filed two
complaints with the Prosecutor-General of the South-Western Province and one complaint
with the State Prosecutor in Limbe, on 17 September and 3 October 2002, all of which
remained unanswered. In the light of the above, the Committee concludes that the remedies
referred to by the State party would not have been effective, and that it is not precluded,
under article 5, paragraph 2 (b), of the Optional Protocol, to consider the author’s complaint
with respect to the incident of 29 August 2002.
11.5 The Committee observes, however, that with respect to the incident of 25 October
2002, the author has not brought any complaint before the domestic authorities concerning
his assault by the head of the Limbe Urban Council Municipal police and five other
individuals (par. 2.4), as well as his subsequent arrest. In the absence of any reason adduced
by the author as to the reasons why he failed to bring such complaint, the Committee
declares this part of the communication inadmissible under article 5, paragraph 2 (b), of the
Optional Protocol.
11.6 As to the author’s claims under article 2, paragraph 1, read in conjunction with
articles 6, 7 and 9, and under article 26 of the Covenant, relying on the absence of any
prosecution and adjudication of the author’s complaints, the Committee finds that the latter
has not shown a difference of treatment with other individuals under the State party’s
jurisdiction, which would be based on social origin, property, birth or other status. The
Committee therefore concludes that the author has failed to substantiate this allegation, and
consequently declares this part of the communication inadmissible under article 2 of the
Optional Protocol.
11.7 The Committee considers that the author has failed to sufficiently substantiate his
claim under article 6 of the Covenant, for purposes of admissibility.
11.8 The Committee considers that the author has sufficiently substantiated the remainder
of his claims, insofar as they raise issues under articles 7, 9, and 2, paragraph 3, of the
Covenant and therefore proceeds to consider the communication on the merits on these
counts.
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