Wakilii

Mebara v Cameroon (Communication 416-12)

African Commission on Human and Peoples' Rights · [2015] ACHPR 3 · 2015 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication submitted to the African Commission on Human and Peoples' Rights alleging violations of the African Charter on Human and Peoples' Rights arising from prolonged pre-trial detention
Decision
Complainant's petition granted; Cameroon ordered to release Complainant, sanction responsible officials, and pay compensation

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Holding

The African Commission held that Cameroon violated Articles 6, 7(1)(b), 7(1)(c), and 7(1)(d) of the African Charter. The Complainant's seven-year pre-trial detention was arbitrary where the statutory maximum was eighteen months, judicial authorities abused procedural separation orders to extend detention without justification, and failed to implement a court order for his release. Public statements by Government ministers presuming guilt violated the right to be presumed innocent. Denial of access to case files and legal representation violated the right to defence. The Commission ordered Cameroon to immediately release the Complainant, sanction responsible officials, and pay 400,000,000 CFA francs in compensation.

Outcome

Complainant's petition granted; Cameroon ordered to release Complainant, sanction responsible officials, and pay compensation

Facts

The Complainant, a former Cameroonian minister, was detained on 1 August 2008 and charged with embezzlement relating to the purchase of a presidential plane. He first appeared before a judge in June 2009, nearly a year after detention. The examining magistrate issued multiple separation orders and remand warrants extending his detention beyond the statutory maximum of eighteen months. On 3 May 2012, the High Court acquitted him and ordered his release, but on 7 May 2012 the examining magistrate issued a new indictment and remand warrant in the absence of his lawyers, preventing his release. The Complainant remained in detention for approximately seven years without a final judgment. Government ministers made public statements presuming his guilt. His lawyers were denied access to case files for five months and were prevented from attending a crucial indictment hearing.

Issues

  1. Whether the Communication met the admissibility requirements under Article 56 of the African Charter, particularly regarding exhaustion of local remedies and use of disparaging language.
  2. Whether the Complainant's prolonged pre-trial detention violated his right to liberty and security under Article 6 of the African Charter.
  3. Whether the Complainant's right to be presumed innocent under Article 7(1)(b) was violated by public statements made by Government ministers.
  4. Whether the Complainant's right to defence under Article 7(1)(c) was violated by denial of access to case files and legal representation.
  5. Whether the Complainant's right to be tried within a reasonable time by an impartial tribunal under Article 7(1)(d) was violated.

Orders

  • Communication declared admissible in accordance with Article 56 of the African Charter.
  • Republic of Cameroon found to have violated Articles 6, 7(1)(b), 7(1)(c), and 7(1)(d) of the African Charter.
  • Republic of Cameroon urgently ordered to immediately release the Complainant.
  • Republic of Cameroon urgently ordered to take prompt and appropriate measures to sanction all Government employees responsible for the violations.
  • Republic of Cameroon ordered to pay the Complainant 400,000,000 CFA francs as compensation for material and non-material damages.
  • Republic of Cameroon ordered to report in writing within 180 days on measures taken to implement the recommendations.
  • No ruling made on alleged violation of Article 26 of the Charter.

Rules and key headnotes

Admissibility — Exhaustion of Local Remedies — Remedies Unduly Prolonged
Local remedies need not be exhausted where they are unduly prolonged. A remedy is unduly prolonged where the examining magistrate takes seven months to respond to a petition for annulment of a separation order and one year to respond to a similar petition, particularly in a case involving deprivation of liberty, and where such delays exceed the statutory timeframes prescribed by the Respondent State's own criminal procedure code.
Right to be Presumed Innocent — Public Statements by Government Officials
The right to be presumed innocent under Article 7(1)(b) of the African Charter is violated where Government ministers, particularly the Minister of Justice who has direct links with judicial and prosecuting authorities, make public statements using terms such as 'theft', 'embezzlement', and 'are not innocent' in reference to an accused person before a final judgment is rendered. Such statements give the impression of an intention to influence the outcome of proceedings and constitute a presumption of guilt.
Right to Defence — Access to Case Files and Legal Representation
The right to defence under Article 7(1)(c) of the African Charter is violated where an accused person's lawyers are denied access to the investigation file for five months following detention, and where an examining magistrate changes the venue and date of a hearing without notice and proceeds to indict the accused in the absence of his lawyers, thereby preventing them from consulting the case file in preparation for the hearing.
Pre-Trial Detention — Reasonable Time — Statutory Maximum Period
A period of seven years of pre-trial detention without a final judgment cannot be considered reasonable, particularly where the criminal law of the Respondent State provides for a maximum pre-trial detention period of eighteen months. The right to be tried within a reasonable time under Article 7(1)(d) of the African Charter is violated where detention is extended beyond the statutory maximum through multiple procedural acts that do not facilitate the preparation of the case.
Arbitrary Detention — Abuse of Procedural Separation Orders
Detention is arbitrary under Article 6 of the African Charter where judicial authorities abuse procedural separation orders not provided for in the criminal procedure code to circumvent the statutory maximum detention period, issue multiple separation and committal orders based on the same charges without conducting investigations to justify them, and fail to display the special diligence required in cases involving pre-trial detention.
Arbitrary Detention — Refusal to Implement Court Order for Release
Detention becomes arbitrary where judicial authorities refuse to implement a court order for release by issuing a new indictment and remand warrant on the same charges immediately before the release order is executed, and where court officials disappear from their offices to avoid signing the discharge form required for the accused's release.
Reparations — Compensation for Arbitrary Detention and Fair Trial Violations
Where a State violates the right to liberty and fair trial guarantees under the African Charter through prolonged arbitrary detention, the State must pay financial compensation for material and non-material damages. In assessing the quantum of compensation, relevant factors include the length of detention, the nature of the violations, the accused's professional status and reputation, and the practice of other human rights bodies in comparable cases.

Legislation cited (13)

  • 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 7(1)(b)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • 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
  • Cameroonian Criminal Procedure Code s.145
  • Cameroonian Criminal Procedure Code s.150
  • Cameroonian Criminal Procedure Code s.221(1)
  • Cameroonian Criminal Procedure Code s.275(1)
  • Cameroonian Criminal Procedure Code s.275(2)

Cases cited (48)

  • Ligue Camerounaise des Droits de l'Homme v. Cameroon
  • Jawara v Gambia (Communications 147/95 and 149/96)
  • Modise v Botswana (Communication 97/93)
  • Association of Victims of Post Electoral Violence and Interights v Cameroon (Communication 272/03)
  • Kabambi v DRC (Communication 408/11)
  • Ben Salem v. Tunisia (2007) AHRLR 54 (CAT 2007)
  • Zimbabwe Lawyers for Human Rights v Zimbabwe
  • Law Office of Ghazi Suleiman v Sudan (Communications 222/98 and 229/99)
  • Konstas v. Greece (ECtHR 24 May 2011)
  • Englert v. Germany (ECtHR 9 October 1985)
  • Nölkenbockhoff v. Germany, Application No. 10300/83
  • Kouzmin v. Russia (ECtHR 18 March 2010)
  • Ilesanmi v Nigeria (Communication 268/03)
  • Bakweri Lands Claims Committee v Cameroon (Communication 260/02)
  • Civil Liberties Organisation v Nigeria (Communication 218/98)
  • Article 19 v Eritrea (Communication 275/03)
  • International Pen v Nigeria (Communications 137/94, 139/94, 154/96 and 161/97)
  • Avocats Sans Frontières v Burundi (Communication 231/99)
  • Buchholz v. Germany (ECtHR 6 May 1981)
  • Pagnoulle v Cameroon (Communication 39/90)
  • Centre for Free Speech v Nigeria (Communication 206/97)
  • Abubakar v Ghana (Communication 103/93)
  • Olo Bahamonde v. Equatorial Guinea (2001) AHRLR 21 (HCR 1993)
  • Piersack v. France (ECtHR 1982)
  • Remlic v. France (ECtHR 1996)
  • Morel v. France (ECtHR 2000)
  • Ouko v Kenya (Communication 232/99)
  • Free Legal Assistance Group v Zaïre (Communications 25/89, 47/90, 56/91 and 100/93)
  • Chambala v. Zambia Communication 856/1999 (2003) ARHLR 27 (HRC 2003)
  • Gorji-Dinka v Cameroon (Communication 1134/2002)
  • Michel Thierry Atangana Abega v. Cameroon Views A/HRC/WGAD/2013/38 of 13 November 2013
  • Karim Wade v. Senegal Views A/HRC/WGAD/2013/04 of 20 April 2015
  • Letellier v. France (ECtHR 26 June 1991)
  • Gérard Bernard v. France (ECtHR 26 September 2006)
  • Good v. Botswana
  • Bissangou v Congo (Communication 253/02)
  • Embga Mekongo Louis v Cameroon (Communication 59/91)
  • Loayza Tamayo v. Peru (1998)
  • Velasquez (1989)
  • Aloeboetoe v. Suriname (1993)
  • Djot Bayi v. Nigeria (2009)
  • Othman (Abu Qatada) v. United Kingdom (ECtHR 17 January 2012)
  • Claude Baudoin v. France (ECtHR 18 November 2010)
  • Chief Ebrimah Manneh v. Gambia ECW/CCJ/JUD/03/08 of 5 June 2009
  • Musa Saidykhan v. Gambia ECW/CCJ/JUD/08/10 of 16 December 2010
  • Institute for Human Rights and Development in Africa v Angola (Communication 292/04)
  • Social and Economic Rights Action Center v Nigeria (Communication 155/96)
  • Union Interafricaine des Droits de l'Homme v Angola (Communication 159/96)

Full judgment

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Mebara v Cameroon (Communication 416-12) [2015] ACHPR 3 (8 August 2015)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.