A v Cameroon (Communication 258 of 2002)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Commission declared the communication inadmissible for non-exhaustion of local remedies under Article 56.5 of the African Charter. The alleged victims, who had been detained since 1998 without trial, were subsequently tried and freed by Cameroon courts in March and November 2003. The Commission noted that the case was brought while still before domestic courts and that the proper trial before a court of law demonstrated the availability of local remedies.

Outcome

Communication declared inadmissible

Facts

Miss A, a Cameroonian citizen, submitted a communication on behalf of her father and two colleagues, former workers of Cameroon P & T, who were arrested and detained in 1998 by police as alleged conspirators of the Minister of P & T in a corruption case. The complainant alleged that since 1998 the detainees had never been formally charged, never appeared in court, and never had access to a lawyer. She further alleged that her father's delicate health required constant medical attention. During the pendency of the communication before the African Commission, the Respondent State informed the Commission that Mr Takang Philip had been freed in March 2003 for non-proven facts and Mr Ndeh Ningo had been acquitted and freed in November 2003 for lack of criminal charges. The complainant confirmed the liberation of Mr Ndeh Ningo after four years in detention and indicated a possible intention to negotiate compensation with the Respondent State.

Issues

1. Whether the communication should be declared inadmissible for failure to exhaust local remedies where the alleged victims were subsequently tried and freed by domestic courts.

Orders

• Communication declared inadmissible for non-exhaustion of local remedies.

Rules and key headnotes

Legislation cited (12)

• African Charter on Human and Peoples' Rights Article 2
• African Charter on Human and Peoples' Rights Article 3
• African Charter on Human and Peoples' Rights Article 5
• African Charter on Human and Peoples' Rights Article 6
• African Charter on Human and Peoples' Rights Article 7
• African Charter on Human and Peoples' Rights Article 10
• African Charter on Human and Peoples' Rights Article 11
• African Charter on Human and Peoples' Rights Article 12
• African Charter on Human and Peoples' Rights Article 26
• African Charter on Human and Peoples' Rights Article 55
• African Charter on Human and Peoples' Rights Article 56
• African Charter on Human and Peoples' Rights Article 56.5

The original judgment as reported. Read the original PDF before relying on any passage.