2. break the seal on the premises of Freedom FM so that the equipments could undergo proper
maintenance whilst awaiting the African Commission's decision on the complaint;
3. undertake a quick review of the legislative framework and administrative practices on issuing
licenses for operating radio stations with a view to harmonizing them with the provisions of Article 9
of the African Charter and the 2002 Declaration of Principles.
Procedure
10. The complaint was received at the Secretariat of the African Commission on 28th June 2004.
11. By a letter ref. ACHPR/COMM 290/2004/RK addressed to the complainant, the Secretariat of the
African Commission acknowledged receipt of this communication on 5th July 2004 and indicated that the
seizure of the complaint will be considered by the African Commission at its 36th Ordinary Session (23rd
November to 7th December 2004, Dakar, Senegal).
12. By a letter ref. ACHPR/GOV/COMM/3/RK of 15th July 2004, the Chairperson of the African Commission
sent an urgent request for the adoption of provisional measures in accordance with the provisions of Article
111 of the African Commission's Rules of Procedure, to H.E Mr Paul Biya, President of the Republic of
Cameroon requesting that provisional measures be taken to ensure that no irreparable damage is done to
the equipment of Radio Freedom FM.
13. By a letter of 16th November 2004, the Complainant informed the Chairperson of the African
Commission, Commissioner Sawadogo, that the request for provisional measures had not been complied
with and that further the Complainant had received death threats over the matter.
14. During the 36th Ordinary Session held in Dakar, Senegal, from 23rd November to 7th December 2004,
the African Commission considered the communication and decided to be seized of it. The Complainants
made oral submissions on the failure of the State to comply with the request for provisional measure. The
State delegates indicated that they ha[d] not been made aware of the request and the head of delegation,
Minister Joseph Dion Ngute offered his good offices with a view to facilitating an amicable solution of the
matter.
15. On 22nd December 2004, the Secretariat informed the parties that the African Commission had been
seized of the communication and requested them to submit arguments on admissibility in three months
from the date of notification.
16. On 22nd February 2005, the Secretariat reminded the State through a Note Verbale to submit its
arguments on admissibility within one month from the date of the reminder.
17. On 22nd March 2005, the Complainant submitted further arguments on admissibility, which were
transmitted to the Respondent State on 29th March 2005 through the Embassy of the Respondent State.
18. At its 37th Ordinary Session, which was held from 27th April to 11th May 2005 in Banjul, The Gambia, the
African Commission considered the case and heard oral submissions from the parties. The African
Commission subsequently deferred its decision on admissibility of the case pending receipt of arguments of
the Respondent State on the same.
19. On 8th December 2005, the Respondent State sent to the Secretariat a letter informing it that amicable
settlement was underway in the matter.
20. On 4th October 2005, the Secretariat informed the Complainant of the above letter and forwarded the
attached documentation and requested them to send in their comments on the same.
21. At its 38th Ordinary Session held from the 21st November to 5th December 2005 in Banjul, The Gambia,
the African Commission deferred its decision on the matter awaiting for comments of the Complainant on
the outcome of the said amicable settlement.
22. On 28th April 2006, the Secretariat received a note from the Complainant informing it that:
1. the Government of Cameroon [had] dropped the criminal charges against the Freedom FM director
and released the equipment of the Radio;
2. the Government committed itself to grant Radio Freedom FM a provisional authorization to
broadcast, and process its application for a full license in a fair and equitable manner;
3. Freedom FM, for its part, agreed to discontinue the communication before the Commission, and
settle the case;
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