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crime. 11 The State party has not invoked any such elements in the instant case. The Committee
further recalls the author’s uncontested claim that it was only after his arrest on 31 May 1985 and
his re-arrest on 9 June 1985 that President Biya filed criminal charges against him, allegedly
without any legal basis and with the intention to influence the outcome of the trial before the
Military Tribunal. Against this background, the Committee finds that the author’s detention
between 31 May 1985 and 3 February 1986 was neither reasonable nor necessary in the
circumstances of the case, and thus in violation of article 9, paragraph 1, of the Covenant.
5.2 With regard to the conditions of detention, the Committee takes note of the author’s
uncontested allegation that he was kept in a wet and dirty cell without a bed, table or any sanitary
facilities. It reiterates that persons deprived of their liberty may not be subjected to any hardship
or constraint other than that resulting from the deprivation of liberty and that they must be treated
in accordance with, inter alia, the Standard Minimum Rules for the Treatment of Prisoners
(1957). 12 In the absence of State party information on the conditions of the author’s detention,
the Committee concludes that the author’s rights under article 10, paragraph 1, were violated
during his detention between 31 May 1985 and the day of his hospitalization.
5.3 The Committee notes that the author’s claim that he was initially kept in a cell with 20
murder convicts at the headquarters of the Brigade mixte mobile has not been challenged by the
State party, which has not adduced any exceptio nal circumstances which would have justified its
failure to segregate the author from such convicts in order to emphasize his status as an
unconvicted person. The Committee therefore finds that the author’s rights under article 10,
paragraph 2 (a), of the Covenant were breached during his detention at the BMM headquarters.
5.4 As to the author’s claim that his house arrest between 7 February 1986 and 28 March 1988
was arbitrary, in violation of article 9, paragraph 1, of the Covenant, the Committee takes no te of
the letter dated 15 May 1987 from the Department of Political Affairs of the Ministry of
Territorial Administration, which criticized the author’s behaviour during his house arrest. This
confirms that the author was indeed under house arrest. The Committee further notes that this
house arrest was imposed on him after his acquittal and release by virtue of a final judgment of
the Military Tribunal. The Committee recalls that article 9, paragraph 1, is applicable to all forms
of deprivation of liberty13 and observes that the author’s house arrest was unlawful and therefore
arbitrary in the circumstances of the case, and thus in violation of article 9, paragraph 1.
5.5 In the absence of any exceptional circumstances adduced by the State party, which would
have justified any restrictions on the author’s right to liberty of movement, the Committee finds
that the author’s rights under article 12, paragraph 1, of the Covenant were violated during his
house arrest, which was itself unlawful and arbitrary.
5.6 As regards the author’s claim that the removal of his name from the voters’ register
violates his rights under article 25 (b) of the Covenant, the Committee observes that the exercise
of the right to vote and to be elected may not be suspended or excluded except on grounds
11
See ibid.
General Comment No. 21 [44] on article 10, paras. 3 and 5.
13
General Comment No. 8 [16] on article 9, para. 1.
12