39/90_10AR Annette Pagnoulle (on behalf of Abdoulaye Mazou) / Cameroon The Facts 1. This communication was submitted by Annette Pagnoulle of Amnesty International and concerns Abdoulaye Mazou, a Cameroonian national. Mr Mazou was imprisoned in 1984 by a military tribunal without trial, without witnesses, and without right to defence. He was sentenced to 5 years imprisonment for hiding his brother who was later sentenced to death for attempted coup d'etat. Even after he had served his sentence in April 1989, he continued to be held in prison and was only freed by the intervention of Amnesty International on 23rd May 1990. He continued to be under detention at his residence until the law of amnesty of 23th April 1991. 2. Although Mr Mazou has now been freed, he has not been reinstated in his position as a magistrate. The complainant therefore requests action be continued on his behalf. 3. The government was represented by a delegation at the 20th Session of the Commission held in Mauritius in October 1996, which asked that the communication should be declared inadmissible because it was still pending at the Supreme Court. 4. The alleged victim petitioned the President of the Republic in order to solicit his reinstatement as a magistrate. He then submitted an out of court settlement to the Ministry of Justice. When no response from the President or the Ministry was forthcoming the alleged victim made a submission for a legal settlement to the Administrative Chamber of the Supreme Court which rejected his case in principle. He submitted further petitions to the Supreme Court and seized the Ministry of Justice for reinstatement in his position. He has also undertaken to bring political pressure, jointly with others, to reclaim his profession. As yet, none of these actions has produced any result. Procedure 5. The Commission was seized of the communication at the 7th Session in April 1990. 6. On 31st May 1990, the Secretariat of the Commission notified the state of Cameroon of the communication and asked it for its views on admissibility. 7. On 1st March 1995, the Secretariat informed the complainant that the Commission takes note of the release of Mr Mazou. The Complainant was advised to inform the Commission whether or not his release was satisfactory reparation for Mr Mazou no later than July 1st 1995. 8. On 8th June 1995, a fax was received from the Complainant stating that although the victim, Mr. Abdoulaye Mazou, had been released he had not been reinstated in his position as a magistrate, to which he is legally entitled. 9. At the 19th Session, in March 1996, the communication was declared admissible. The parties were notified of this decision. 10. At the 20th Session, held in October 1996, a delegation of the government of Cameroon was present and submitted a written response to the effect that the communication was inadmissible. The delegation also admitted, however, that the conditions under which Mr. Mazou was tried by a military tribunal fell short of the standards provided for in the African Charter, but that the laws governing such tribunals had since been changed. The delegation promised to forward to the Commission the written judgement of the Military Tribunal, any judgement concerning the alleged disciplinary measures against Mr. Mazou, a document proving the existence of recourse as concerns disciplinary measures and the law after which Mr Mazou was condemned. The Commission decided to postpone consideration of the case to the 21st session. 11. On 24th March the Secretariat received a letter from the Ministry of Foreign Affairs of Cameroon informing the Secretariat that the question had been dealt with in the Administrative Chamber of the Supreme Court and that all interested parties had the possibility of exhausting local remedies. The Ministry also sent the Supreme Court judgment, the ordinance no 304 which placed Mr. Mazou under surveillance, ordinances no 72/5 and 72/20 concerning the compentence of the military court and law no. 74/4 modifying ordinance no. 72/5, the judgment of the military court, ordinance no. 72/13 concerning state of emergency, ordinance 72/6 concerning the organisation of the Supreme Court and law no. 76/28 modifying this ordinance, Decree no. 80/276 concerning the nomination of Secretary Generals of Ministries and Decree 1

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