230/99 Motale Zacharia Sakwe / Cameroon
Summary of Facts
1. The Complainant is Motale Zacharia Sakwe, a Cameroonian citizen.
2. The complaint was received at the Secretariat of the Commission on 4 January 1999.
3. The complaint presents diverse information on the general state of human rights in Lobe Town
Community from 30th December 1996 to 7th September 1998. In the relevant part however, the
Complainant alleges that on 15th December 1996, at 1.30 a.m. in the night, together with his mother, he
was abducted from his house by the Divisional Officer for Mbonge Sub-Division accompanied by well
armed police and gendarmes officers.
4. The Complainant also alleged that he was taken to the Police Post at Mbonge and subsequently
detained for three days.
5. His aged mother was also detained at the Gendarme's Office for three days.
6. The Complainant alleges further, that during the detention, he was tortured by being made to roll on the
ground after being soaked with water. He was also made to sleep under the sun for 12 hours, while his
aged mother was stripped naked and dumped into a pit.
7. The Complainant contends that as a result of the aforementioned treatments, he has severe pains in his
eyes and ribs, and acute headaches.
8. On 17th December 1996, the Complainant alleges that he was summoned to the Divisional Officer's
office and asked to pay six thousand francs (6,000 CFA) before being released, to which order he
complied.
9. Throughout the period of their detention, they were not informed of the nature of their offences, neither
were they charged for the commission of any crime.
Complaint
10. The Complainant alleges violation of Articles 5, 6 and 7 of the African Charter.
Procedure
11. At its 26th Ordinary Session in Kigali, Rwanda, the Commission decided to be seized of the
communication and requested the parties to furnish it with additional information on the issue of exhaustion
of local remedies.
12. On 24th January 2000, the Secretariat informed parties of the above decision.
13. On 16th February 2000, the Secretariat received a Note Verbale from the Embassy of the Republic of
Cameroon in Dakar, informing it that the Note Verbale and document attached had been forwarded to the
Cameroonian Ministry of External Relations for due consideration.
14. At its 27th Ordinary Session held in Algeria, the Commission examined the case and deferred its further
consideration to the 28th Ordinary Session to enable the competent authorities in Cameroon to respond to
its request for additional information on the issue of exhaustion of local remedies.
15. The decision was communicated to the parties on 12th July 2000.
16. On 28th August 2000, the Secretariat received a Note Verbale from the Embassy of the Republic of
Cameroon in Dakar acknowledging receipt of the above letter, but pointing out that it would not be able to
meet the deadline for submission of the arguments on the admissibility of the case. It therefore appealed
for the case to be adjourned to the next session.
17. On 30th August 2000, the Secretariat replied to the said Note Verbale pointing out that the request for
such information had already been communicated to the competent authorities of Cameroon on two
separate occasions, to which they had acknowledged receipt. Regarding their appeal for adjournment, it
was indicated that it was the prerogative of the Commission to take such a decision, but promised to
convey the request to the Commission accordingly.
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