Yaounde: Case Of Anglophone Cameroonian Activists Adjourned Over Trial Procedue

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Barrister Felix Agbor Balla, Dr Fontem Neba and Mancho Bibixy appeared at the Yaounde Military Tribunal today in high spirits ready to counter claims from a list of government coerced witnesses over charges of terrorism, insurrection, rebellion against the state and secession amongst other "crimes."

But they were stunned when the Prosecuting bench hatched another scheme. Instead of beginning the trial as expected, the bench rather forwarded a motion to merge the case of some 24 suspects also linked to the upheavals in the anglophone regions with that of the activists in line with section 6 of the criminal Procedue code. The state prosecutor who launched the bid believes it was normal to put all the cases and one and judge them since to him the cases are linked to each other.

The Defence counsel upon hearing the motion demanded a 30minute break where Barristers Ben Muna and Prof Maurice Kamto leading the college of the defense counsel dialogued with their colleagues . When the session resumed, they used the same legal instrument to counter the prosecuting bench. They made it clear to the presiding judge that it was a miscarriage of justice to treat all cases in Anglophone Cameroon as one since they are all different from each other.

Muna and co argued for instance that someone who was arrested with no crime on him can't be prosecuted for terrorism. If the prosecutor were to have its way it means justice will be unfair on many innocent people and those with minor crimes like the non possession of ID cards.

A first person account by the leader of Cameroon People's Party (CPP) on the events at the Yaounde Military Tribunal yesterday, March 23, 2017:

From 11:15 to 3:30 p.m. today, I decided to attend the court session at the military tribunal. Here are some of the key elements observed.

Agbor Balla, Fontem Neba and Mancho Bibixy have already been deprived of their liberty for 65 days. Unfortunately, today, no progress was made on their case.

From 11:15 a.m. – 1:15 p.m. The court spent its time verifying the names and identification of 27 defendants, young men who were arrested after the incidents of December 8, 2016. I sit flabbergasted as the chief judge personally verifies elements of the identity of each defendants: spellings of names, marital status and number of children. I am stunned. How is this that this was not done before? These people have been in detention for months! Why has someone not written down their names and verified the spelling?!?!? Is this what we use senior judges for??? In a highly sensitive political case that impacts the country in general and the lives of over 5 million people in two regions in particular?!?!?

• At 1:15 p.m. when the ordeal of name-reading was completed, the state prosecutor petitioned to have the case of the 27 defendants joined to that of Agbor Balla, Fontem Neba and Mancho Bibixy. Defense lawyers requested 30 mins to concert and determine their response.

At 2:30 p.m. the court session resumes. Defense lawyers argue that the two cases cannot be joined due to the fact that they do not consist of the same charges, nor the same persons, nor having been committed at the same place. Defense lawyers urge the judge to get on to the content of the case, reminding that when the case was postponed at the last session on February 13th, it was to enable the state counsel to produce a list of witnesses and for these witnesses to be heard. Defense lawyers also underline that even though procedure states that the list of witnesses should be provided 5 days before trial, they had been handed a list the night before at 6:00 p.m. Despite this violation of procedure, defense lawyers insist they are ready to hear the witnesses.

We all wait with baited breath, convinced we are finally going to hear more about these charges of terrorism, incitement to insurrection, revolution, etc. that have caused these men to be put on trial and their lives to be put at stake.

We waited in vain. The judge determined that to deliberate on whether or not the two cases should be joined, we must wait until…. April 7th !!!! She then makes further precision, the case itself will be heard on April 27th !!!

The entire court is frustrated and annoyed. These 30 men have been deprived of their liberty for 65 days, for some, more. This is their 3rd court appearance, how can it be that we have just spent 4 hours on procedure without hearing the content of the case?

There is no other conclusion to be arrived at other than that there is a delaying strategy by the State. The theory that government simply feels it can wear down the Anglophone movement through violence, fear and time appears more real than ever.

We take our frustrations and anger home. More determined than ever to fight these layers of injustice upon injustice that are being heaped upon the entire Cameroonian people! Determined also that to win this fight we must more than ever be focused on concerted, organized, non-violent, but determined action that ensures decisions veer to the side of justice.

It is the future of every Cameroonian which is at stake. The action that each of us takes day-in and day-out will determine what that future will be.

Postscript

Three things I did not understand in court today:

Why on earth are the judges and state counsels in this case not bilingual? Surely there is a bilingual judge somewhere in the Cameroonian court system who could hear a case in English and a state counsel that could argue it without needing translation? Is this not precisely what got us here in the first place?
Why are there no microphones in the court room of what is probably the most politically important case in Cameroon in the last 20 years? We strain in the court room to hear the judge, the lawyers and the defendants. In this country where we spend billions to throw a state party, no one thought we might need microphones in court? At the 3rd court session?
Why are we in this small court, which can only seat about half of the people who want to attend? The box is too small to contain all the defendants, the benches are too few to contain all the lawyers, even the defendants are squeezed tight on the benches they occupy? Why does this system insist on showing its lack of planning and organization to the entire world

From the logistics to content of the case, one leaves with only one impression:

This is not the Cameroon I want to live in, this is not the Cameroon I want to leave my children and grandchildren.
I am more determined than ever to help bring about the change we need in this beautiful country. #JusticeinCameroon #FreeAllArrested