81. According to the Respondent State, the specific case of Bamenda, which was of major proportions took
place between the 23rd and 30th October 1992, and was marked notably by the difficulty of the State to
maintain law and order. The Respondent State further contends that in the case of Bamenda, the
implementation of the mandate to protect people and property by using the forces of law and order had
been reinforced after the 23rd October 1992, date on which the results of the presidential elections were
proclaimed. Thus, about 548 men had been deployed in the region of Bamenda with motor vehicles and
other vehicles for the maintenance of law and order and equipment adapted to deal with the situation on
the ground. However, although the post electoral disturbances had taken place in other parts of the
territory, these incidents had been extraordinarily violent in Bamenda where they took the form of a
generalized insurrection and had been instigated by the militants of an Opposition Party, the Social
Democratic Front (SDF).
82. Moreover, the Respondent State contends that::
1.
2. Following the destruction, a joint Gendarmerie-Police-Justice Commission had been set up and
given the responsibility for carrying out investigations on all suspects who had been arrested.
However, the individuals who were given heavy charges and had been brought before the State
security Court had later been released on the persistent request of the human rights defender
organizations.
3. That it happened that the State of Cameroon, having steadfastly implemented the legal, technical,
human and material resources at its disposal to contain the post electoral events of Bamenda in
1992, it was thus freed from the obligation of diligence which was its responsibility. The extent of the
events in question having the character of force majeure was such that they could not be attributed
to the State of Cameroon.
4. That in view of the full compensation being demanded by the complainants, it should be recalled
that the responsibility of the State of Cameroon could not be established in either the unexpected
happening of the Bamenda events, or in their management. Consequently, it would be extremely
difficult to pay compensation since there is no law which authorizes this sort of payment particularly
where the State is not the perpetrator in any way.
5. That in relation to the enactment of a law allowing the payment of fair and equitable compensation
to the victims of the human rights violations in Cameroon, following the unexpected happening of
the events in question, the following institutions had been successively put in place:
♦
♦ An organization for political dialogue at the national level called the Tripartite and comprising
the State, Civil Society and the Political Parties. This Tripartite had made possible the
realization of the constitutional amendments of 18th January 1996.
♦ A Committee then a National Human Rights and Liberties Commission;
♦ A National Elections Observatory and the strengthening of the National Communications
Council.
6. That taking all these matters into consideration and with all the proper reservations, the African
Commission should declare the present communication baseless.
Analysis of the Commission with regard to the nature and scope of the obligation conatained in Article 1 of the African
Charter
83. It follows from the arguments of the facts and the law presented by the complainant party and
responded to by the Respondent Party, that the nature and the scope of the obligation contained in Article
1 of the African Charter constitute a matter of special importance in the present communication. Thus,
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