philip forsang ndikum represente par ndikum law offices v republique du cameroun communication 62616 2022 achpr 2 9 novembre 2022

philip forsang ndikum represente par ndikum law offices v republique du cameroun communication 62616 2022 achpr 2 9 novembre 2022

Cameroon violated Articles 1, 2, 3, 7(1)(a), and 14 of the African Charter by failing to execute final administrative and judicial decisions restoring the applicant's property, thereby denying him the enjoyment of his property, equal protection, and a fair trial. The State's failure to provide effective remedies and its discriminatory treatment constituted breaches of its obligations under the Charter.

Citation
philip forsang ndikum represente par ndikum law offices v republique du cameroun communication 62616 2022 achpr 2 9 novembre 2022
Parties
Victim: Philip Forsang Ndikum; Respondent: Republique du Cameroun
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Communication Before African Commission on Human and Peoples' Rights / Merits Judgment After Admissibility
Outcome
Partial finding of violations; recommendations issued
Legal Topics
Non Execution of Judgments, Right to Property, Non Discrimination, Equality Before the Law, Right to Fair Trial, State Obligations Under African Charter
Source Language
English
Human Rights Law Property Law Administrative Law Non Execution of Judgments Right to Property Non Discrimination Equality Before the Law Right to Fair Trial +1 more

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Parties

Philip Forsang Ndikum

Victim

Republique du Cameroun

Respondent

Procedural Posture

Communication Before African Commission on Human and Peoples' Rights / Merits Judgment After Admissibility

Legal Issues

  1. 1 Whether Cameroon violated the right to property under Article 14 of the African Charter
  2. 2 Whether Cameroon violated the right to non-discrimination (Article 2) and equality before the law (Article 3)
  3. 3 Whether Cameroon violated the right to a fair trial by non-execution of a judgment (Article 7(1)(a))

Ratio Decidendi

Cameroon violated Articles 1, 2, 3, 7(1)(a), and 14 of the African Charter by failing to execute final administrative and judicial decisions restoring the applicant's property, thereby denying him the enjoyment of his property, equal protection, and a fair trial. The State's failure to provide effective remedies and its discriminatory treatment constituted breaches of its obligations under the Charter.

Court Disposition

Partial finding of violations; recommendations issued

Orders

  • Cameroon must promptly execute the ministerial decision of 27 December 2010, judgment n° 56/OSE/PTE/DLA/2015, and final judgment n° 062/FD/2015 of the Littoral Administrative Tribunal.
  • Cameroon must restore the property to the applicant in accordance with these decisions.