forms of seizure organised according to the circumstances and the
individuals of a given case. A reading of the following Sections of the same
Code reveals that the Complainant submitted her complaints following the
formalities required by law since Section 135(4) (a) of the Code states that:
“When the written or oral report is made by the victim of the offence, it shall
be considered as a complaint....”8 Moreover, Section 135(4) (b) stipulates that
“…complaints shall not be subjected to any formalities or fiscal stamps. The
authorities referred to in sub-section (2) - the State Counsel, any judicial
police officer or any administrative authority - shall be bound to receive the
information or complaints.”
56. The Commission considers that the clarity of these provisions calls for no
interpretation as to their meaning and purpose. Moreover, in civil law
tradition, the general rules of procedure state that the formalities for seizing a
court may range from a simple statement at the court registry on plain paper
to more complex statements, including a writ of summons served by a bailiff.
57. The supporting documents accompanying the Complainant’s submission
reveal that she attempted to activate local remedies by sending letters and
petitions by international registered mail – including with proof of delivery,
fax and Chronopost International. It appears to the Commission that in
application of the Respondent State’s laws underscored above, the means by
which the Complainant sought local remedies are consistent with and are not
contrary to the legal provisions. As such, the argument that the Complainant
failed to exhaust local remedies by not complying with the seizure
requirements cannot be accepted.
58. Even though the means of seizure used by the Complainant are consistent
with the law, the Respondent State however denies having received any of
the several letters sent by the Complainant through the various channels
indicated above. In this regard, as a general rule, a correspondence is deemed
to have been delivered once the sender has evidence that the letter was
actually delivered to the person or institution responsible for its transmission
which, in the case under consideration, are the various postal services cited
by the Complainant. It will therefore be sufficient to have a simple receipt
from the postal service used - either by post or by fax, for that correspondence
to be presumed delivered to the recipient. However, according to the
reception theory, evidence of sending a mail only presumes that the mail was
delivered until the recipient proves the contrary.
8
Cameroon Code of Criminal Procedure (27 July 2005), Section 135(4) (a).
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