Sakwe v Cameroon (Communication 230 of 1999)

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 failure to exhaust local remedies. The complainant alleged arbitrary detention, torture, and denial of fair trial rights by Cameroonian authorities but did not demonstrate that domestic remedies had been pursued. Despite repeated requests, neither party provided information on exhaustion of local remedies as required by Article 56(5) of the African Charter.

Outcome

Communication dismissed for non-exhaustion of local remedies

Facts

On 15 December 1996, the complainant and his mother were abducted from their home in Lobe Town by the Divisional Officer for Mbonge Sub-Division accompanied by armed police and gendarmes. They were detained for three days at separate facilities. During detention, the complainant was allegedly tortured by being soaked with water and made to roll on the ground, and forced to sleep under the sun for 12 hours. His mother was allegedly stripped naked and placed in a pit. On 17 December 1996, the complainant was summoned to the Divisional Officer's office and required to pay 6,000 CFA francs before release. Neither was informed of any charges or offences throughout their detention.

Issues

1. Whether the communication is admissible where the complainant has not exhausted domestic remedies.

Orders

• Communication declared inadmissible.

Rules and key headnotes

Legislation cited (4)

• 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 56(5)

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