76.
On the issue related to disparaging and insulting language, the State argues that the
Communication is replete with numerous extracts formulated in terms that are outrageous
and insulting to the State of Cameroon. The State further indicates that the Complainant
accuses the Government of being at the origin of enforced disappearances in the following
terms, implying a «persistent rumour indicating that some had been killed and buried in
mass graves in the vicinity of Yaounde».
77.
Concerning the sources of information, the State emphasizes that such defamatory
allegations, of which the applicants have not provided any evidence, are insulting to the
State of Cameroon and its institutions and are likely to discredit the country's image. The
State argues furthermore that, the seriousness of such allegations is such that the applicants
and the Commission should sufficiently appreciate their significance, especially since, as
they so clearly state, they are based on mere rumours.
78.
In relation with exhaustion of remedies, the State affirms that, legally constituted parties
publicly express their opinions on the form of the State, particularly the federal form.
Additionally, the State avers that, these leaders had the opportunity to speak about it
during the Great National Dialogu~l,~nd therefore, ~t,~arll1otbe argued that most of the
leaders are either arrested .01' forced iil'to
exile. '
'\'"
'.;t;-,.,.
,
,
.".,
,;
79.
The State argues further that, it cannot be argued that the courts have been closed in both
regions of the country, seeing as the courts are functioning and currently examining cases
concerning persons involved in the events, both as alleged perpetrators and as victims. It
is submitted furthermore that, the rights of the various parties are guaranteed according
to the applicable .procedural rules. S~¥~Ial cases of release have been recorded, as well as
acquittals, as parents of pupils have appeated on behalf of their children for acts that could
characterise a violation of the right to education.
80.
The State argues that acts of arson were recorded against certain judicial infrastructures,
notably the Public Prosecutor's Office at the First Instance Court of Tombel on 15 October
2017 aild the E~r$tJnstance Court of Batibo on the night of 25 November 2017. In addition,
it is alleged that t:B~ici~9re
mentioned actions were carried out with the intent of forcing the
cessation of theftlncHoning of the courts in order to better support the unavailability of
recourse.
81.
The State submits that, In light of the 3Bakweri Land Claim Committee decision, the
complainant cannot simply allude to unavailability of courts without attempting to
effectively use them and therefore, as it it is the duty of the Compl<Ji~iILt"c)'l1a:~eall
.
ri-l0
C\<['llll:
'c
necessary steps to exhaust or at least attempt to exhaust domestic rem(~test
~_ .....
" c
82.
The State further submits that pursuant to 'Communication 1962/
S.
that d~spi:e
the fact there is no obliga tion to exhaust domestic remedies where they%ave no chance of
<
201i~
.....
~
A
'
3
Communication
lill~pr
4
Communication
260102: Bakweri Land Claims Committee
1 Cameroon,
,:...
rlrr:1{Q.1J.b.1k!J).Q.QJ.J.[ill)Lt1LiU...,I!=n<1lis..bLa.cJlQL3JL2.6.Q_.Q..2_e.ng,mif
~
""-'-'--'J.Gll
No. 1962/2010,
U.N. Doc. CCPRICI107101196212010
http://hrUbrary. umn.edu/undocs/1962-20
(2013),
~
{,'J'
'"
"-
.sJ'~
"/i
'/u,\<,.
'~'lOI)".
. ~
"1'('1/( ,\p\;.
. \'_-' •
•
."
.'Vlr FT l'l
- .
"
C
"
\
'I O.html
13