CCPR/C/83/D/1134/2002 Page 10 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

Select target paragraph3