CCPR/C/83/D/1134/2002
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election. In the absence of any explanations from the State party, the Committee notes that the
author’s name was arbitrarily removed from the voters’ list, without any motivation or court
decision. The very fact of removal of the author’s name from the register of voters may therefore
constitute denial of his right to vote and to stand for election in accordance with article 25 (b) of
the Covenant. The Committee is accordingly of the view that the author has sufficiently
substantiated this claim, for purposes of admissibility.4.10 Insofar as the author claims that he is
being denied his right to Ambazonian nationality, in violation of article 24, paragraph 3, of the
Covenant, the Committee recalls that this provision protects the right of every child to acquire a
nationality. Its purpose is to prevent a child from being afforded less protection by society and
the State because he or she is stateless 8 , rather than to afford an entitlement to a nationality of
one’s own choice. It follows that this part of the communication is inadmissible ratione materiae
under article 3 of the Optional Protocol.
4.11 With regard to exhaustion of domestic remedies, the Committee takes note of the author’s
argument that, following his escape from house arrest in 1988, he was not in a position to seek
redress at the domestic leve l, as a person who was wanted in Cameroon. In the light of its
jurisprudence 9 that article 5, paragraph 2 (b), of the Optional Protocol does not require resort to
remedies which objectively have no prospect of success, and in the absence of any indication by
the State party that the author could have availed himself of effective remedies, the Committee is
satisfied that the author has sufficiently demonstrated the ineffectiveness and unavailability of
domestic remedies in his particular case.
4.12 The Committee concludes that the communication is admissible, insofar as it raises issues
under articles 7, 9, paragraph 1, 10, paragraphs 1 and 2 (a), 12 and 25 (b) of the Covenant, and
to the extent that it relates to the lawfulness and the conditions of detention following his arrest
on 31 May 1985, his incarceration initially with a group of murder convicts at the BMM
headquarters, the lawfulness of, as well as the restrictions on his liberty of movement during his
house arrest from 7 February 1986 to 28 March 1988, and the removal of his name from the
voters’ register.
Consideration of the merits
5.1 The first issue before the Committee is whether the author’s detention from 31 May 1985
to 3 February 1986 was arbitrary. In accordance with the Committee’s constant jurisprudence, 10
“arbitrariness” is not to be equated with “against the law”, but must be interpreted more broadly
to include elements of inappropriateness, injustice, lack of predictability and due process of law.
This means that remand in custody must not only be lawful but reasonable and necessary in all
the circumstances, for example to prevent flight, interference with evidence or the recurrence of
8
See General Comment No. 17 [35] on article 24, para. 8.
See, e.g., Communications Nos. 210/1986 and 225/1987, Earl Pratt and Ivan Morgan v.
Jamaica, Views adopted on 6 April 1989, para. 12.3.
10
See Communication No. 305/1988, Van Alphen v. The Netherlands, Views adopted on 23 July
1990, para. 5.8; Communication No. 458/1991, Mukong v. Cameroon, Views adopted on 21 July
1994, para. 9.8.
9