no. 82/467 relating to the judiciary.
Law
Admissibility
12. Article 56 of the African Charter reads:
Communications...shall be considered if they:Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged...
13. In this case, 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. He submitted
further petitions to the Supreme Court and seized the Ministry of Justice for reinstatement in his position. In
light of the above actions taken by the victim and their failure to yield any results the Commission holds that
local remedies have been duly exhausted.
Merits
14. Article 6 of the Charter reads:
No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In
particular, no one may be arbitrarily arrested or detained.
15. In conformity with Article 65 of the Charter, the Commission cannot pronounce on the equity of court
proceedings that took place before the African Charter entered into force in Cameroon on 20th September
1989 (See the Commission's decision on communication 59/91). If however irregularities in the original
sentence has consequences that constitute a continuing violation of any of the Articles of the African
Charter, the Commission must pronounce on these.
16. Mr Mazou was held in prison after the expiration of his sentence in April 1989 until 23 May 1990. After
his release, he was placed under house arrest. The delegation of Cameroon at the 20th Session stated that:
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17. All parties agree that Mr Mazou was held beyond the expiry of his sentence. No judgment was passed
to extend his sentence. Therefore the detention is arbitrary, and the Commission finds that this constitutes
a violation of Article 6.
18. Article 7 of the African Charter reads:
Every individual shall have the right to have his cause heard. This comprises:
The right to be presumed innocent until proved guilty by a competent court or tribunal;
The right to be tried within a reasonable time by an impartial court or tribunal.
19. Mr Mazou has not yet had a judgment on his case brought before the Supreme Court over 2 years ago,
without being given any reason for the delay. At the 20th session the delegation held that the case might be
decided upon by the end of October 1996, but still no news of it has been forwarded to the Commission.
Given that this case concerns Mr Mazou's ability to work in his profession, two years without any hearing or
projected trial date constitutes a violation of article 7(1)(d) of the African Charter.
20. At the 20th Session, the delegation of Cameroon stated that <>
21. Detention on the mere suspect that an individual may cause problems is a violation of his right to be
presumed innocent.
22. Article 15 of the African Charter reads:
Every individual shall have the right to work under equitable and satisfactory conditions...
23. Article 2 of the Amnesty Law of 23rd April 1992 reads:
Have been amnestied:
All persons sentenced of subversion to penalty of imprisonment and/or fined;
All persons sentenced a punishment of detention or serving an penalty of detention; All persons authors of
offences of a political nature, condemned to death penalty.
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