paragraph 4, of the rules of procedure, as well as of
the author's comments thereon. It takes the
opportunity to expand on its admissibility findings.
8.5 On balance, while appreciating the State
party's further clarifications about the availability of
judicial remedies for the author's claims, the
Committee sees no reason to revise its decision on
admissibility of 8 July 1992.
8.2 To the extent that the State party argues that
for the purposes of article 5, paragraph 2 (b), of the
Optional Protocol, domestic remedies must only be
available and not also be effective, the Committee
refers to its established jurisprudence, under which
remedies which do not provide a reasonable prospect
of success need not be exhausted for purposes of the
Optional Protocol. It sees no reason to depart from
this jurisprudence. Furthermore, it transpires from
the State party's submission that the Government's
arguments relate primarily to the merits of the
author's allegations. If the State party were to
contend that because there are no merits in
Mr. Mukong's claims, they must also be deemed
inadmissible, the Committee would observe that the
State party's argument reveals a misconception of the
procedure under the Optional Protocol, which
distinguishes clearly between formal admissibility
requirements and the substance of a complainant's
allegations.
9.1 The author has contended that the conditions
of his detention in 1988 and 1990 amount to a
violation of article 7, in particular because of
insalubrious conditions of detention facilities,
overcrowding of a cell at the first police district of
Yaoundé, deprivation of food and of clothing, and
death threats and incommunicado detention at the
camp of the brigade mobile mixte at Douala. The
State party has replied that the burden of proof for
these allegations lies with the author, and that as far
as conditions of detention are concerned, they are a
factor of the under-development of Cameroon.
9.2 The Committee does not accept the State
party's Views. As it has held on previous occasions,
the burden of proof cannot rest alone with the author
of a communication, especially considering that the
author and the State party do not always have equal
access to the evidence and that frequently the State
party alone has access to the relevant information.2
Mr. Mukong has provided detailed information
about the treatment he was subjected to; in the
circumstances, it was incumbent upon the State party
to refute the allegations in detail, rather than shifting
the burden of proof to the author.
8.3 The State party has reiterated that the author
still has not sought to avail himself of available
remedies in respect of his allegations of ill-treatment.
The Committee cannot share the State party's
assessment. Firstly, the cases referred to by the State
party concern offences different (such as the use of
firearms, or abuse of office) from those of which the
author complains. Secondly, the effectiveness of
remedies against ill-treatment cannot be dissociated
from the author's portrayal (uncontested and indeed
confirmed by the State party) as a political
opposition activist. Thirdly, the Committee notes
that since his return, the author has continued to
suffer specified forms of harassment on account of
his political activities. Finally, it is uncontested that
the case which the State party itself considers
relevant to the author's situation has been pending
before the Supreme Court of Cameroon for over
12 years. In the circumstances, the Committee
questions the relevance of the jurisprudence and
court decisions invoked by the State party for the
author's particular case and concludes that there is no
reason to revise the decision on admissibility in as
much as the author's claim under article 7 is
concerned.
9.3 As to the conditions of detention in general,
the Committee observes that certain minimum
standards regarding the conditions of detention must
be observed regardless of a State party's level of
development. These include, in accordance with
rules 10, 12, 17, 19 and 20 of the Standard Minimum
Rules for the Treatment of Prisoners,3 minimum
floor space and cubic content of air for each
prisoner, adequate sanitary facilities, clothing which
shall be in no manner degrading or humiliating,
provision of a separate bed and provision of food of
nutritional value adequate for health and strength. It
should be noted that these are minimum requirements
which the Committee considers should always be
observed, even if economic or budgetary considerations
may make compliance with these obligations difficult
2
See Official Records of the General Assembly, Thirtyseventh Session, Supplement No. 40 (A/37/40), annex X,
communication No. 30/1978 (Bleier v. Uruguay), Views
adopted on 29 March 1982, para. 13.3.
8.4 Mutatis mutandis, the considerations in
paragraph 8.3 above also apply to remedies in
respect of the author's claims under articles 9, 14
and 19. The Committee refers in this context to its
concluding comments on the second periodic report
of Cameroon, adopted on 7 April 1994.1
3
Adopted by the First United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, held
at Geneva in 1955, and approved by the Economic and
Social Council in its resolutions 663 C (XXIV) of
31 July 1957 and 2076 (LXII) of 13 May 1977; see Human
Rights: A Compilation of International Instruments (United
Nations publication, Sales No. 88.XIV.1), chap. G, sect. 30.
1
See CCPR/C/79/Add.33 (18 April 1994), paras. 21
and 22.
92
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