59. In this case, the Complainant has proven to the Commission that she seized
several authorities of the Respondent State. Documentary evidence provided
include, among others, deposit slips, receipts and certificates of delivery
regarding the correspondences sent to the various authorities as mentioned
above under the summary of the Complaint.
60. The Commission notes that having received copies of the documents
produced by the Complainant, the Respondent State cannot contest the fact
that the various authorities were petitioned, as attested by the certificates of
delivery contained in the Communication file.
61. At this stage, the Commission will verify if in addition, the petitions were
sent to the competent authorities and if the efforts made by the Complainant
are sufficient within the meaning of the condition of the exhaustion of local
remedies.
62. Regarding the competence of the authorities to be seized, the Commission
notes that the complaints made by the Complainant are about the violation of
her right to property. Under Cameroonian law which both parties invoke,
any person who has knowledge of an offence classified as a felony or
misdemeanour shall directly and immediately inform either the State Counsel
or any judicial police officer or in their absence, any administrative authority
of the locality.9
63. The Commission notes that the complaints sent to the authorities of the
Respondent State are aimed at putting an end to the violation of the right to
property, fully reinstating the Complainant’s right to the plot of land or,
alternatively, refunding the costs incurred for the purchase of the property,
including the expenses for obtaining a land certificate incurred for the benefit
of the Government. Under Cameroonian law, the Complainant has two
options: seize a criminal court capable of passing judgements in criminal and
civil matters, or seize administrative authorities who are competent in
matters of land dispute. When administrative authorities have been seized,
they can either settle the dispute or seize the competent judicial authorities.
64. The Commission has already noted that the Complainant actually seized the
competent administrative authorities. Failing to settle the dispute, the
administrative authorities concerned have the obligation, under Cameroonian
law, to inform the judicial authorities of the alleged violation in order to
institute legal proceedings.
9
Cameroon Code of Criminal Procedure (27 July 2005), Section 135(2).
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