mebara v cameroon communication 41612 2015 achpr 3 8 august 2015

Parties

Procedural Posture

Communication (individual Complaint) Before the African Commission on Human and Peoples’ Rights / Merits Decision

Legal Issues

1. 1 Whether the Complainant's prolonged pre-trial detention and repeated indictments violated Articles 6 and 7 of the African Charter on Human and Peoples’ Rights
2. 2 Whether the right to be presumed innocent, the right to defence, and the right to be tried within a reasonable time were violated
3. 3 Whether the remedies available at the national level were effective, sufficient, and not unduly prolonged

Ratio Decidendi

The Commission found that the Complainant’s pre-trial detention was unduly prolonged beyond the statutory maximum, that repeated separation and committal orders were abused to circumvent legal limits, and that the right to defence and presumption of innocence were violated by both procedural actions and public statements by government officials. Remedies at the national level were found to be ineffective and unduly prolonged, exempting the Complainant from further exhaustion. The Commission concluded that Articles 6, 7(1)(b), 7(1)(c), and 7(1)(d) of the African Charter were violated.

Court Disposition

Complaint upheld; violations found

Orders

• Immediate release of the Complainant
• Sanctioning of all Government employees responsible for the violations