URGENT APPEAL - THE
OBSERVATORY
New information
CMR 002 / 0613 / OBS 049.2
Judicial harassment
Cameroon
May 3, 2018
The Observatory for the Protection of Human Rights Defenders, a
partnership of World Organisation Against Torture (OMCT) and FIDH, has
received new information and requests your urgent intervention in the
following situation in Cameroon.
New information:
The Observatory has been informed by reliable sources of the ongoing
judicial harassment against
Mr. Musa Usman Ndamba,
National Vice President of the Mbororo Social and Cultural Development
Association (MBOSCUDA)
[1]
.
According to the information received, on April 27, 2018, the 60th hearing
in the trial against Mr. Musa Usman Ndamba which opened in 2013, was held
before the Bamenda Court of First Instance. Mr. Usa Usman Ndamba’s is
being tried on charges of “propagation of false information”,
“false oath”, “false report” and “defamation
of character”, under section 113, 166, 304(1) and 305(1) of the
Criminal Code of Cameroon and which are punishable by a prison sentence of
up to 5 years and a fine of up to 2 million FCFA (approximatively 3000
euros). These charges follow a complaint filed by Mr. Baba Ahmadou Danpullo,
a billionaire businessman, cattle rancher, tea plantation owner and a member
of the Central Committee of the ruling Cameroon People’s Democratic
Movement (CPDM) party (see background information).
During the hearing, Barrister Joseph Akong, who was responsible in May
2013 for notarising the affidavit on the basis of which Mr. Ndamba is being
charged, appeared as a court witnessed and informed the court that Mr.
Ndamba was not the person for whom he notarised the affidavit, and that he
had only met Mr. Ndamba during the preliminary investigation of the case.
This was the last hearing of the trial and the judgment is expected to be
rendered on May 11, 2018.
The Observatory recalls that the alleged defamatory statements contained
in the affidavit are not signed by the defender but by another individual
named Mr. Musa Adamu. According to the plaintiff, Mr. Ndamba is the author
of these statements, and he intentionally changed his name in order to
escape prosecution. However, Mr. Ndamba was able to provide evidence that he
had never changed his name in the form of an expired identity card dated
July 20, 2000.
The Observatory fears that the ongoing judicial harassment against Mr.
Ndamba comes in as a retaliation to his human rights activities, in
particular as MBOSCUDA’s National Vice President. Moreover, these acts
of harassment are not isolated, as the Observatory has reported several
cases of judicial harassment against leaders of civil society organisations
denouncing the government’s corruption and opposing land grabbing in
Cameroon. Many of these acts are linked to cases of land acquisition by
Mr. Baba Ahmadou Danpullo
[2].
The Observatory expresses its deepest concerns about those acts of
harassment, and fears that they have increased after MBOSCUDA and its
members submitted in early May 2013 a report in the framework of the United
Nations Human Rights Council Universal Periodic Review (UPR) of Cameroon in
Geneva, outlining the various obstacles faced by the Mbororo community
[3].
The Observatory strongly condemns these acts, and urges Cameroonian
authorities to put an end to all forms of harassment, including at the
judicial level, against Mr. Ndamba and all human rights defenders in
Cameroon so that they are able to carry out their legitimate and peaceful
human rights activities without any hindrance or fear of reprisals.
The Observatory further urges the Cameroonian authorities to ensure that,
until all charges are dropped, all judicial proceedings are carried out in
full compliance with his right to a fair trial, as protected under
international law, including his right to be tried within a reasonable
time.
Background information:
On May 10, 2013, Mr. Musa Usman Ndamba was summoned to appear
before the Court of First Instance in Bamenda, North Western Cameroon,
following a complaint brought by Mr. Baba Ahmadou Danpullo for
“propagating false information liable to injure public
authorities”, “being a party in a judicial proceeding on oath
and making false declarations”, “making a false report against
Baba Ahmadou Danpullo liable to lead to his prosecution” and
“injuring the reputation of Baba Ahmadou Danpullo by imputation of
unprovable facts”.
These charges stem from a false affidavit which the plaintiff alleged was
signed by Mr. Musa Usman Ndamba.
During the hearing, Mr. Ndamba refuted all the allegations and pleaded not
guilty. Mr. Ndamba was bailed, pending another hearing scheduled on May 27,
2013. On that day, as the landowner failed to appear in court, the matter
was adjourned to June 28, 2013, and the judge warned that he would award
costs against the landowner should he fail again to attend court.
Subsequently, in May 2014 the court dismissed the charges against Mr. Ndamba
for lack of a diligent prosecution.
On July 29, 2016, Mr. Baba Ahmadou Danpullo accused M. Ndamba of
“propagation of false information, false oath, false report and
defamation of character” based on the same affidavit and evidence as
the case in 2013. Subsequently, the trial was adjourned several times in
absence of the plaintiff.
On December 18, 2017, the trial of Mr. Ndamba was adjourned for the
fifty-fifth time.
On February 23, 2018, the trial against Mr. Musa Usman Ndamba was resumed
for the 57th time. The plaintiff Mr. Baba Ahmadou
Danpullo was not present at the hearing and was represented by Mr. Sama
Francis Asanga, a senior official from the opposition Social Democratic
Party (SDF), close family member of the party leader Mr. John Fru Ndi and
former President of the Cameroon Bar Association. On March 2, 2018, the
Bamenda Court of First Instance presided by Magistrate Babila Tibet
adjourned the next hearing to March 16, 2018.
On April 13, 2018, the plaintiff Mr. Baba Ahmadou Danpullo, was not
present at the hearing and was represented by Mr. Sama Francis Asanga,
a senior official of the opposition Social Democratic Party (SDF),
close family member of the party leader Mr John Fru Ndi and former President
of the Cameroon Bar Association.
On March 16, 2018, the trial was adjourned to April 6, 2018, because of
the absence of the plaintiff’s witnesses. On April 6, 2018, the trial
went ahead with one of the plaintiff’s and was adjourned again to
April 13, 2018.
Actions requested:
Please write to the authorities of Cameroon asking them to:
i. Guarantee
in all circumstances the physical and psychological integrity of Mr.
Musa Usman Ndamba, as well as of all MBOSCUDA members and
all human rights defenders in Cameroon;
ii. Put
an end to all acts of harassment, including at the judicial level, against
of Mr. Musa Usman Ndamba, as well as of all MBOSCUDA members and
all human rights defenders in Cameroon;
iii. Until
all charges are dropped, ensure that all judicial proceedings against Mr.
Musa Usman Ndamba are carried out in full compliance with his right to a
fair trial, as protected under international law;
iv. Fully
implement the recommendation of the Inter-Ministerial Commission of
Investigation (The Jani Commission) on the abuses by the landowner mentioned
above, ordered by the President of Cameroon and submitted to the Office of
the Prime Minister since 2004, for action
[4];
v. Conform
in any circumstances with the provisions of the Declaration on Human Rights
Defenders, adopted on December 9, 1998 by the United Nations General
Assembly, in particular its Articles 1 and 12.2. ;
vi. Ensure
in all circumstances respect for human rights and fundamental freedoms in
accordance with international human rights instruments ratified by
Cameroon.
Addresses:
-
His Excellency Mr. Paul Biya, President of the Republic, Presidency of
the Republic, Palais de l’Unité, 1000 Yaoundé, Cameroon,
Fax +237 22 22 08 70
-
H.E. Mr. Philémon Yang, Prime Minister and Chief Head of
Government, Primature du Cameroun, 1000 Yaoundé‚ Cameroon. Fax:
+237 22 23 57 65. Email:
spm@spm.gov.cm
-
Mr. Laurent Esso, Minister of Justice, Ministry of Justice, 1000
Yaoundé‚ Cameroon, Fax: + 237 22 23 00 05
-
Mr. René Emmanuel Sadi, Minister of Territorial Administration,
Fax: + 237 22 22 37 35
-
Dr. Chemuta Divine Banda, Chairman of the National Commission on Human
Rights and Freedoms, Fax: +237 22 22 60 82, E-mail: spm@spm.gov.cm
-
H.E. Mr. Anatole Fabien Marie Nkou, Ambassador, Permanent Mission of
the Republic of Cameroon to the United Nations Office in Geneva, Avenue de
France 23, 1202 Geneva, Switzerland. Fax: + 41 22 736 21 65, Email: mission.cameroun@bluewin.ch
-
H.E. Mr. Daniel Evina Abe’e, Ambassador of Cameroon to Belgium
& the European Union, Embassy of the Republic of Cameroon in Brussels,
131 av. Brugmann, 1190 (Forest), Belgium, Fax: + 32 2 344 57 35;
Email:
ambassade.cameroun@skynet.be; embassy@cameroon.be
Please also write to diplomatic representations of Cameroon in your
respective countries.
***
Geneva-Paris, May 3, 2018
Kindly inform us of any action undertaken quoting the code of this appeal
in your reply.
The Observatory for the Protection of Human Rights Defenders (the
Observatory) was created in 1997 by the World Organisation Against Torture
(OMCT) and the FIDH. The objective of this programme is to intervene to
prevent or remedy situations of repression against human rights defenders.
OMCT and FIDH are both members of
ProtectDefenders.eu, the European Union Human Rights
Defenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
· Tel and fax OMCT + 41 22 809
49 39 / + 41 22 809 49 29
· Tel and fax FIDH + 33 1 43 55
25 18 / +33 1 43 55 18 80
[1]
The Mbororo Social and Cultural Development
Association (MBOSCUDA) defends the rights of indigenous Mbororo pastoralists
in North-Western Cameroon since 1992. It has been active in monitoring the
sale of public land to private landowners, denouncing corruption and
defending indigenous people’s land rights.
[2]
See the Observatory’s Urgent Appeals
CMR 001 / 0716 / OBS 056.3 published on May 11, 2017 and CMR 001 / 0317 /
OBS 033.2 published on April 20, 2018.
[3]
See the report on
http://www.upr-info.org/IMG/pdf/js1_upr_cmr_s16_2013_jointsubmission1_e.pdf
[4]
The commission was created by the Minister of
Justice through Ministerial Decision No. 164 on July 2, 2003, modified by
Decision No. 230 on August 13, 2003, to investigate human rights abuses by
Mr. Danpulo against the Mbororo community including arbitrary arrests,
trumped charges, imprisonment, torture, expropriation of lands, interference
with Mbororo community leadership, etc. Recommendations of the Commission
include that the authorities retrace and where necessary re-demarcate the
legal boundaries of ELBA Ranch in accordance with Land Certificate No.
140/Menchum of December 1, 1989, with a surface area of 4,726 hectares; that
the authorities retrace and where necessary re-demarcate the legal
boundaries of the Land Grant measuring 1,335 hectares allocated to Baba
Ahmadou Danpullo for transhumance; that Baba Ahmadou Danpullo liberates
illegally occupied lands; that Baba Ahmadou Danpulo pays compensation to
those who were displaced by ELBA Ranch; that the authorities identify the
various Mbororo communities in the North-West capable of being led by
traditional rulers designated in conformity with the law; that the
authorities take measures with regards to the illegal and irregular
functioning of Ndawara Alkali Court. For more information, please see:
http://justice-dignity.net/wp-content/themes/green-stimulus/Jani_Commission_Report.pdf