asserts that there are no laws which are incompatible
with human rights principles; if there were, there
would, under domestic laws, be several remedies
against such laws. In this context, the State party
refers to articles 20 and 27 of the Constitution of
Cameroon, which lay down the principle that draft
legislation incompatible with fundamental human
rights principles would be repudiated by Parliament
or by the Supreme Court. Furthermore, article 9 of
Law 72/6 of 26 August 1972 governing the
organization and functions of the Supreme Court
stipulates that the Supreme Court is competent to
adjudicate all disputes of a public law character
brought against the State. The State party refers to a
judgement handed down by the Supreme Court
against the Government in April 1991 which
concerned violations of the rights of the defence; this
judgement confirms, in the State party's opinion, that
remedies against legislative texts deemed
incompatible with internationally accepted human
rights standards are available and effective.
Ordinance 72/5 of 26 August 1972, as modified by
Law No. 74/4 of 16 July 1974. This provision
stipulates that the military tribunal is seized directly
either upon request of the Ministry of Defence, upon
request of the examining magistrate (ordonnance de
renvoi du juge d'instruction), or by decision of the
Court of Appeal. The State party argues that the
modalities of appealing to this jurisdiction of
exceptional nature demonstrate that its function is
purely repressive. This does not rule out, however,
the possibility for an individual to appear before the
tribunal as an intervenor ("n'exclut point la constitution de partie civile") (art. 17 of Ordinance 72/5).
In any event, it remains possible to file civil actions
for damages before the ordinary tribunals.
6.5 The State party further rejects as incorrect the
author's endorsement of the conclusions of a report
published by Amnesty International (referred to in
paragraph 2.9) and submits that this document
reveals total ignorance of the judicial system of
Cameroon and in particular of domestic criminal
procedure, which allows the victim [of ill-treatment]
to have the person responsible for his treatment
prosecuted and indicted before the competent courts,
even against the advice of the office of the public
prosecutor. The State party further refers to several
court decisions, which in its opinion demonstrate
that, far from being suppressed by the authorities,
claims for damages are entertained by the local
courts, and that the claimants in or the parties to such
proceedings do not have to fear harassment as a
result, as claimed by Mr. Mukong.
6.9 As to the allegations under articles 9 and 14,
the State party submits that the examining magistrate
who referred the author's case to a military tribunal
in January 1989 did not exceed his competence and
merely examined whether the evidence against the
author justified his indictment. Concerning the
author's allegation that he was not notified of the
reasons for his arrest and that no warrant was served
on him, the State party affirms that article 8 (2) of
Law 72/5 of 26 August 1972, which governs this
issue, was applied correctly.
6.6 The State party argues that the author's
arrest(s) in June 1988 and February 1990 cannot be
qualified as arbitrary because they were linked to his
activities, considered illegal, as an opposition
activist. It denies that the author was not given a fair
trial, or that his freedom of expression or of opinion
have been violated.
6.10 In this context, it affirms that pursuant to the
decision of the examining magistrate to refer the
case to the military tribunal the author was not
served with an arrest warrant but rather was
remanded in custody ("l'auteur n'a pas fait l'objet
d'un mandat d'arrêt mais plutôt d'un mandat de
dépôt"). The decision of 25 January 1989 was duly
notified to him. This decision, according to the State
party, duly records all the charges against the author
and the reasons for his arrest. Therefore, the
notification of this decision to the author was
compatible with the provisions of article 9 of the
Covenant. Concerning the repeated postponements
of the hearing of the case until 5 May 1989, the State
party contends that they must be attributed to the
author's requests for a competent legal
representative, charged with his defence. The delays
must therefore be attributed to Mr. Mukong. In
respect of the second arrest (February 1990), the
author was not served with an arrest warrant, but
rather with a direct summons at the request of the
Minister for Defense. There was therefore no arrest
warrant to notify him of ("n'avait pas fait l'objet d'un
mandat d'arrêt mais plutôt d'une citation directe à la
requête du Ministre chargé de la Défense. Il n'y avait
donc pas mandat d'arrêt à lui notifier à cet effet").
6.7 In this context, the State party argues that the
arrest of the author was for activities and forms of
expression that are covered by the limitation clause of
article 19, paragraph 3, of the Covenant. It contends
that the exercise of the right to freedom of expression
must take into account the political context and
situation prevailing in a country at any point in time.
Since the independence and reunification of
Cameroon, the country's history has been a constant
battle to strengthen national unity, first at the level of
the francophone and anglophone communities and
thereafter at the level of the more than 200 ethnic
groups and tribes that comprise the Cameroonian
nation.
6.8 The State party rejects the author's contention
(see para. 2.6 above) that there is no way of
challenging laws considered incompatible with
international human rights conventions. It first
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