1.
2. That the above mentioned articles had been violated by the State of Cameroon since the latter had
failed in its obligation to take adequate preventive measures if not to avert or prevent the events in
question, at least to reduce them to zero. To support this reasoning, the complainants emphasize
that the Cameroonian authorities knew that the Bamenda events were going to take place and that
several personalities had spoken of threats coming from the Social Democratic Front (SDF) against
the security of people and property in the Province.
3. That the Prime Minister at the time, Mr. Achidi Achu had alluded to the said threats.
4. in the campaign speech he made on the 6th October 199216 in Kumbo in the North-West Province.
The said threats had been later mentioned by the Minister of Communication and Government
Spokes-person in a press briefing on the political situation of the country during which he had
spoken of the existence of a provisional arsenal of the SDF estimated at 300 pistols and 60 combat
17 weapons. Furthermore, in the interview granted to the national Daily the Cameroon Tribune, the
Secretary General of the ruling CPDM Party, had unveiled << the diabolical plan>> concocted at the
beginning of the month of October by the Opposition to take over power18 . Moreover, direct threats
having been made against all those who support the ruling party, several complaints received by the
Governor of the North West province brought by citizens wishing to obtain Government protection
testify to the fact that the territorial Administrative Authorities had been informed about the SDF's
plans.
5. That despite these early warning signs, the Government of Cameroon, in neglecting to take
adequate measures to prevent the events of October 1992 from taking place, thereby violated, even
passively, the obligation of prevention contained in Article 1 of the African Charter. The State of
Cameroon has neither brought the perpetrators of these atrocities to justice, nor paid compensation
for the damages suffered by the victims whose right to an effective remedy has been violated.
6. That in consequence, the Commission should request the Cameroonian Authorities, in conformity
with its own jurisprudence19 , to pay compensation in view of the long delay by the Justice
Administration in examining the Complainants' case. In conclusion, the Commission is being
requested to reject the arguments of the Cameroonian Government, to take note of the violation of
Articles 1, 4, 7 and 14 of the African Charter; to request the Government of Cameroon to institute
proceedings against the perpetrators of the atrocities committed between the 23rd and 27th October
1992; to determine, on the basis of the evidence presented, the amount of compensation to be paid
to the victims based on all the damages suffered by the latter. The Complainants further request the
Commission to ask the State of Cameroon to amend the laws which are incompatible with the
provisions of the African Charter and to fix a deadline for the State of Cameroon relative to the
application of any decision that the Commission may take on this matter.
The essence of the arguments of the respondent state in relation to the violation of Articles 1, 2, 4, 7 and 14 of the African
Charter
79. The Respondent State for its part, argues that the violations being alluded to by the complainants are
completely groundless since the State of Cameroon has not, in this particular case, deprived any of the
complainants of the right to respect for his life and physical integrity nor his right to property. The State of
Cameroon took measures to save the life and property of individuals during what can be called the
Bamenda events.
80. Furthermore, the Respondent State intimates that this particular case happened in the context of the
years called democratic agitation during which Cameroon had experienced a certain amount of agitation
due to the return to a multiparty system and to individual liberties. That for this reason, from May 1990 to
December 1992, and due to the organization of two major elections, the legislative then the presidential,
public law and order had been disrupted throughout the country thereby giving rise to a large loss of life,
and important material damage.
9