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BEFORE: |
CHAIRMAN: Prof. Isaac Nguema VICE
CHAIRMAN: Prof. Emmanuel V.O. Dankwa COMMISSIONERS: Mrs. Julienne
Ondziel-Gnelenga, Mr. Youssoupha Ndiaye, Mr. Kamel Rezzag-Bara, Mr.
Prof. U. Oji Umozurike, Dr. Hatem Ben Salem. |
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PermaLink: |
http://www.worldcourts.com/achpr/eng/decisions/1997.04.24_LCDH_v_Cameroon.htm |
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Citation: |
LCDH v. Cameroon, Decision, Comm.
65/92 (ACmHPR, Apr. 24, 1997) |
Publications: |
IHRDA, Compilation of Decisions on
Communications of the African Commission On Human and Peoples’
Rights Extracted from the Commission’s Activity Reports 1994-2001,
at 67 (2002); Documents of the African Commission on Human and
Peoples’ Rights, at 562 (Malcolm D. Evans & Rachel Murray eds.,
2001; (2000) AHRLR 61 (ACHPR 1997) |
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FACTS
[1] The complaint is in two parts. The first, submitted by the Ligue
Camerounaise des Droits de l’Homme, alleges a number of serious and massive
violations in Cameroon committed by the present government. The Ligue
alleges that the prison conditions in Cameroon constitute cruel, inhuman and
degrading treatment and that many people have been arbitrarily arrested and
detained in these conditions. Between 1984 and 1989 at least 46 persons were
tortured and deprived of food in the Central Prison of YaoundTheta. Further
violations consist in the repression of freedom of expression, creation of
special tribunals, denial of fair hearing, ethnic discrimination, and
massacres of the civil population.
[2] The second part relates to the situation of Mr Joseph Vitine, an ex-
police officer. He stated that he has been persecuted by his former
colleagues since March 1990. Subsequent to this submission Mr. Vitine
re-submitted his case as a separate communication, no. 106/93 [Vitine v
Cameroon (2000) AHRLR 55 (ACHPR 1994)].
[3] The government responded orally that the allegations of the Ligue
Camerounaise should be declared The government of Cameroon responded in
writing that the case of Mr. Vitine should be declared inadmissible because
the author did not appear to be in possession of his full mental faculties.
The government responded orally that the allegations of the Ligue
Camerounaise should be declared inadmissible because they are posed in
disparaging and insulting language
PROCEDURE
[4] The communication is not dated but was received from the Ligue
Camerounaise just before March 1992. The Commission was seized of the
communication at the 11th Session.
[5] The government of Cameroon was notified of the communication on 8 April
1992. No response was forthcoming. On 13 November 1992 another notification
was sent.
[6] As of the 19th session, no information had been received from the
government. The Commission declared the communication as regards Mr. Vitine
inadmissible.
[7] On 17 May 1996 the Commission sent a letter to Mr. Vitine informing him
that his communication had been declared inadmissible at the 19th session.
[8] At the 20th session, a delegation of the government of Cameroon was
present and submitted a written response to the communication, dealing with
the portion of the communication submitted by Mr. Vitine, which had already
been declared inadmissible. The government delegation made an oral
presentation concerning the allegations of the Ligue Camerounaise. The
Commission decided to request more information from both the government and
the complainant, and to postpone a decision on the merits of the case. On 10
December 1996 the parties were informed of this decision.
LAW
ADMISSIBILITY
[9] Article 55.2 of the Charter reads: "A communication shall be considered
by the Commission if a majority of its members so decide."
[10] This power of the Commission to consider communications naturally
includes the lesser power to decline to hear them.
[11] The allegations submitted by Mr. Vitine were in 1993 submitted
separately to the Commission and registered as communication 106/93. The
information in this communication did not give evidence of prima facie
violations of the African Charter. For this reason the Commission declared
the communication inadmissible.
[12] Article 56.3 of the Charter reads:
"Communication relating to Human and Peoples' Rights referred to in Article
55 received by the Commission, shall be considered if they are not written
in disparaging or insulting language directed against the State concerned
and its institutions or to the Organisation of African Unity."
[13] The allegations submitted by the Ligue Camerounaise are of a series of
serious and massive violations of the Charter. The communication contains
statements such as: "Paul Biya must respond to crimes against humanity", "30
years of the criminal neo-colonial regime incarnated by the duo
Ahidjo/Biya", "regime of torturers", and "government barbarisms". This is
insulting language.
[14] In addition to the requirements of form, the Commission has a clear
precedent that communications must contain a certain degree of specificity,
such as will permit the Commission to take meaningful action. (See the
Commission's decision on communication 104/94, 109 - 126/94 Center for the
Independence of Judges and Lawyers/Algeria et al.)
[15] FOR THESE REASONS THE COMMISSION declares the communication
inadmissible.
[16] Taken at the 21st Ordinary Session, Nouakchott, Mauritania, April. |
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