New information
CMR 002 / 0613 / OBS 049.3
Arbitrary detention / Sentencing /
Judicial harassment
Cameroon
May 17, 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 about the sentencing and arbitrary detention of Mr. Musa Usman Ndamba, National Vice President of the Mbororo Social and Cultural Development Association (MBOSCUDA)[1].
According
to the information received, on May 11, 2018, Mr. Musa Usman Ndamba was
sentenced to 6 months in prison and a fine of 500’000 FCFA
(approximatively 760 Euros) on charges of “defamation of character”,
under section 305(1) of the Criminal Code of Cameroon. Furthermore, he
was condemned to pay an additional sum of 500’000 FCFA as civil award to
Mr. Baba Ahmadou Danpullo[2],
who acted as a plaintiff in the case (see background
information).Following the sentence, Mr. Musa Usman Ndamba was
transferred to Bamenda Central Prison in the North-West Region and
appealed the decision.
The
Observatory recalls that the alleged defamatory statements contained in
the affidavit on the basis of which Mr. Ndamba has been condemned, are
not signed by him but by another individual named Mr. Musa Adamu. On
April 27, 2018, Barrister Joseph Akong, who notarised the affidavit in
May 2013, testified 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.He also stated that he would be
able to produce Mr. Musa Adamu in court.
The
Observatory is appalled by the sentencing of Mr. Ndamba, which comes
after 60 hearings and seven years of continuous judicial harassment in
violation to his right to a fair trial and aims at sanctioning his
peaceful and legitimate 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[3].
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
[4].
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.
Background information:
In
2011, Mr. Musa Usman Ndamba was put under investigation by the police,
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.
On
May 10, 2013, Mr. Musa Usman Ndamba was summoned to appear before the
Court of First Instance in Bamenda, North Western Cameroon, in relation
to these charges. 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 Danpulloreinstated the same
case, accusing 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 Justin Babila Tebid adjourned the next hearing
to March 16, 2018.
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
witnesses Buba Wajiri also known as Mallam Gajere and was adjourned
again to April 13, 2018.
On April 13,
2018, Mr. Baba Ahmadou Danpullo, was not present at the hearing and was
represented by Mr. Sama Francis Asanga, a senior SDF official, close
family member of the party leader Mr John Fru Ndi and former President
of the Cameroon Bar Association.
Actions requested:
Please write to the authorities of Cameroon asking them to:
i. Immediately and unconditionally release Mr. Musa Usman Ndamba;
ii.
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
[5];
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: cndhl@iccnet.cm / cdbanda26@yahoo.fr
- 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 17, 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]
Mr. Baba Ahmadou Danpullo is 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.
[3]
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.
[4] See the report on http://www.upr-info.org/IMG/pdf/js1_upr_cmr_s16_2013_jointsubmission1_e.pdf
[5]
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