52.
In its 66th Ordinary Session, held from 13 July to 7 August 2020, the Commission decided
to defer the consideration of the Communication the following sessions.
53.
In its 68th Ordinary session, held virtually from 14 April to 4 May 2021, the Commission
decided to defer the consideration of the Communication to a later session, while
indicating the second name on the list of complainants as chief complainant.
Preliminary
observations
54.
The State of Cameroon, in its submissions, requested t!lat the Commission addressed its
preliminary observations before proceeding to its analysis on Admissibility.
55.
The Respondent State submits that in their statement of facts, the authors of the
Communication use expressions tending todeny thee istence of the State of Cameroon in
its current territorial extent.
t: "
"
56.
The State further submits that it describes a situation of occupation of the territory called
"Former United Nations Trust Territory of the Britisif:Southern Cameroon" or Southern
Cameroons" and the violation of the rights of the dtfzens of this territory.
57.
The Defendant State submits furthermore that the authors describe a situation of
occupation of the territory called "Former United Nations-Trust Territory of the British
Southern Cameroon" or Southern Cameroons" and the violation of the rights of the citizens
of the said territory. Indeed, the State affirms that the authors allege that "a wave of massive
abductions followed, the abductees being chartered to Yaounde in Former French
Cameroon for trial in a military tribunal in a language and under a legal system they do
not understand.
58.
The Sate argues that such a description excludes this territory from the territorial
boundaries of the Republic of Cameroon, and consequently, the State of Cameroon would
be brq~ght be!o,r7't?theAfrican Commission on Human and Peoples Rights for facts that
took pl~ce outsid~f,f~te,rritory.
I
Analysis of the preliminary
observation
59.
Rule 103 (4) of the 2010 Rules of Procedures of the African Commission on Human and
Peoples' Rights provides that "when the Commission receives a preliminary objection, it
shall first of all determine this objection before anything other question related to the
Communication".
60.
The Commission established a clear principle in the case of Luke M ~_
and
Benjamin John Freeth (represented by Norman Tjombe) v Angola,~rl'd titir.te~th~Js,
2
determining
the Commission became seized of the present Cam tfuication nly; in
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Communication
409112 - Luke Munyandu Tembani and Benjamin John Freeth (represen.ted 'b¥~~rfhY:JN
Angola and Thirteen Others, httP_s://wvvw.aChPLQ[g/PUbliCfDOC.l.lment/filej.English/achpr~_4_4}l'9,_J
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