implementation of the legal, technical, human and material means alluded to by the State of
Cameroon should have, in principle, produced the result of preventing the events in question since the
said events were foreseeable; the said means should at least, have served to bring the perpetrators to
justice, have them judged and sentenced in accordance with the law and restore the rights of the
victims or their dependents after the said events had taken place. This is an à posteriori result which
should have produced results considering the means chosen by the State of Cameroon itself
120. Each State Party to the African Charter is responsible for the security of the people and property
31
living everywhere on its territory. Having a character of erga omnes , such an obligation constitutes
part of those which cover a particular interest for all the States Parties to the African Charter and for
the entire international Community since it is recognized in both domestic and international law.
Therefore, as underscored by the Respondent State, if it cannot be directly responsible for the events,
the State of Cameroon cannot also extricate itself from its responsibility for the actions of others which
are a result of its failure to conform to the provisions prescribed by Article 1 of the African Charter and
therefore of its obligation of RESULT .
121. Consequently, in having failed to prevent the 1992 post electoral violence even though there
were early warning signs (evidently) of the events in question and not having obtained the intended
results mentioned above, the State of Cameroon has failed in its obligation of Result imposed on it
by Article 1 of the African Charter, and that in consequence the Respondent State is hardly in a
position to invoke the circumstances of force majeure. It therefore follows that the victims and their
dependents should have their rights restored in full.
Analysis of the Commission with regard to the violation of Articles 2, 4, 7 and 14 of the
African Charter
122. By invoking the violation of Articles 2 and 7 of the Charter, the Complainants wish to contest the
freezing of the petition by the victims pertaining to responsibility of the issue which has been pending
before the Administrative Chamber of the Supreme Court since 1998, in order to obtain full
compensation of the corporal and material damages suffered. For the Complainants this procedure
constitutes a violation of the right to an effective remedy.
123. Article 2 stipulates that: « Every individual has the right to enjoy the rights and freedoms
recognized and guaranteed under the present Charter without distinction of any kind, such as race,
ethnic group, colour, sex, language, religion, political or any other opinion, national or social origin,
fortune, birth or other status ».
124. It appears that complainants drew the infringement of the enjoyment of their rights and freedoms
hence the violation ofArticle 2 of the Charter, from the fact that the respondent State failed to take
adequate measures to prevent the violence which led to the physical harm and material damage
suffered by the victims.
125. The African Commission is of the view that there is no doubt in the present case that the victims
of the post elections violence suffered from damage which infringed the enjoyment of their rights.
Respondent State did not debate the fact of harm being caused to the victims, but rather argued that
the post-election events are act of God and therefore it is beyond the capability of the State of
Cameroon which should not be held liable
126. The African Commission is therefore in the position to hold that the provisions of Article 2 of the
African Charter have been violated because the victims were enjoying their rights and freedoms when
they were attacked. Such attacks which infringed their rights and freedoms were made possible
because the State of Cameroon failed to fulfill its obligation to protect which incumbent upon the
State.
127. Article 7 stipulates: « Every individual shall have the right to have his cause heard. This right
comprises: […] (d) the right to be tried within a reasonable time by an impartial Court or Tribunal »
128. The term « remedy » refers to « any procedure by means of which one submits a constitutive
act of an alleged violation of the [Charter] to an institution qualified in this respect, for the purpose of
obtaining, as the case may be, a cessation of the act, its annulment, its amendment or compensation
32
» . Is effective the remedy which not only exists de facto, but also is accessible to the party