[1991] ACHPR 7
The Commission determined that the applicant had been denied due process, in violation of Article 7 of the African Charter on Human and Peoples' Rights. The Commission found that the applicant had indeed suffered damages as a result of this violation. However, the Commission was unable to determine the quantum of...
Source-derived case information.
- Citation
- [1991] ACHPR 7
- Parties
- Applicant: Embga Mekongo Louis; Respondent: Republic of Cameroon
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 59 of 1991
- Procedural Posture
- Public International Law / Decision
- Outcome
- Complaint upheld in part; violation of due process found; damages to be determined under Cameroonian law.
- Legal Topics
- Human Rights Violation, Due Process, False Imprisonment, Damages, African Charter Article 7
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Embga Mekongo Louis
Applicant
Republic of Cameroon
Respondent
Procedural Posture
Public International Law / Decision
Legal Issues
- 1 Whether the applicant was denied due process as protected under Article 7 of the African Charter on Human and Peoples' Rights.
- 2 Whether the applicant suffered damages as a result of the alleged violations.
- 3 Whether the Commission can determine the quantum of damages or should defer to Cameroonian law.
Ratio Decidendi
The Commission determined that the applicant had been denied due process, in violation of Article 7 of the African Charter on Human and Peoples' Rights. The Commission found that the applicant had indeed suffered damages as a result of this violation. However, the Commission was unable to determine the quantum of damages and therefore recommended that the amount be determined in accordance with the law of Cameroon. The essential legal principle is that denial of due process constitutes a violation of the Charter, and damages are owed to the victim, but the assessment of quantum is a matter for domestic law.
Court Disposition
Complaint upheld in part; violation of due process found; damages to be determined under Cameroonian law.
Orders
- The Commission finds that the applicant was denied due process contrary to Article 7 of the African Charter.
- The Commission finds that the applicant suffered damages.
Full Case Text
Judgment text and source record
9 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
# **EMBGA MEKONGO LOUIS v. CAMEROON**
#### **DECISION**
Citation: Embga Mekongo v. Cameroon, Comm. 59/91, 8th ACHPR AAR Annex VI (19941995)
Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 61 (2002); Documents of the African Commission on Human and Peoples' Rights, at 385 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 56 (ACHPR 1995)
### COMPLAINT
[1] Embga Mekongo, a Cameroonian citizen, alleges false imprisonment, miscarriage of justice and damages for which he claims the sum of \$105 million.
#### FINDING
[2] The Commission finds that the author had been denied due process, contrary to Article 7 of the African Charter and had in fact suffered damages. Being unable to determine the amount of damages, the Commission recommends that the quantum should be determined under the law of Cameroon.