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There have been renewed calls for the Government of Cameroon to compensate exiled human rights activist and Southern Cameroons Youth League, SCYL, leader, Dr. Ebenezer Derek Mbongo Akwanga, FCFA 1.5 Billion.

Defence Counsel for London-based Human Rights Organisation, REDRESS, Kevin Laue, has called on President Paul Biya to urgently fulfil a 2011 advisory by the United Nations Human Rights Committee to pay reparations, including compensation, for the torture and imprisonment to Akwanga, now on exile in the United States of America.

Arrested in 1997 alongside dozens of other Southern Cameroons activists, Akwanga was tried and sentenced by a military tribunal to 20 years in prison for subversion and terrorism – charges they all denied.

He managed to escape to Nigeria in 2003 and REDRESS helped file his case against the Government in 2007. The Cameroon Government has, so far, not respected the instructions the Human Rights Committee made after examining the matter. On behalf of The Post, Francis Ngwa Niba met Kevin Laue who was Akwanga’s Defence Counsel in Geneva, Switzerland, at the REDRESS head office in London, for an interview.

Excerpts:

Your human rights organisation, REDRESS, represented Ebenezer Akwanga in his torture case against the Government of Cameroon at the UN Human Rights Committee, UN-HRC, in Geneva. How did it come about?

Dr. Akwanga approached us in 2007 and told us what happened to him, how he was arrested and tortured and tried by a military tribunal (even though he was a civilian) and sentenced to 20 years in prison. He also narrated how he managed to escape and made his way to the United States of America via Nigeria.

He wanted us to help him. We were able to bring a case on his behalf to the UN-HRC in Geneva, Switzerland. We took it there because Cameroon is a signatory to an international treaty called the International Covenant on Civil and Political Rights. The country is also a signatory to the treaty which allows individuals who have had their human rights violated to bring a case to the HRC in Geneva. We spent some time getting all the necessary information and documentation from Dr. Akwanga and we were then able to file the petition in 2008.

Your organisation probably receives thousands of requests from people. How do you decide which case is relevant?

The first thing we usually need to know is to establish if the facts do constitute torture as defined in international law. The key thing is that torture in International law means that someone has had severe pain, physical or mental, inflicted on them by a State agent.

That will mean that the Government is responsible in some way. In other words, that distinguishes it from torture by civilians on other civilians. The second thing is that we often need to check if there is anything we can do, because, some countries are not signatories to some of these international treaties. Sometimes some people, when it is explained to them that it will be a long and difficult process, decide they don’t want to go through it.

Others decide that if their families, still back in the country are going to be targeted or arrested sometimes (as often happens), they will not go ahead with it. Also, there are cases when we can’t really do anything. In Akwanga’s case, we were able to pursue the case because Cameroon is a signatory to the treaty. That means it has allowed the HRC to consider all cases brought by Cameroonians to it.

How do you make sure people are just not lying and want to get free money from a State? Do you hire doctors to check on the veracity of allegations? In Akwanga’s case, what was the tell-tale evidence that he had been tortured, imprisoned?

It is always necessary, whenever you have to take a case either to the HRC or to a court, to produce evidence which will satisfy the body concerned that what has happened, allegedly, did happen. In Akwanga’s case, we based on evidence that he himself gave. He needed to set out very, clearly, what happened to him. Secondly, we use medical experts; physicians and psychiatrists and psychologists, who can examine people and who can reach conclusions.

They can never prove that torture took place because they weren’t there, but it is possible to produce medical evidence which is consistent with the story as told by the victim or survivor and that adds credibility. After examination, he can then say these particular injuries are a result of torture or a psychiatrist will then say this person is suffering from post-traumatic stress disorder (PTSD) and that is consistent with what the person said happened to him/her.

How bad was Akwanga’s case compared to other cases you have handled?

All torture is bad, but sometimes people go through more than others. I think one of the worst things that Akwanga had to endure was the long period during which he was in detention and what he had to go through. He was arrested in 1997 and only managed to escape seven years later. During that whole period, he went through many awful experiences, direct torture in the several weeks and months when he was first arrested and was being forced to make confessions or admit to things he did not do.

There was also indirect ill-treatment during that time; the neglect, the abuse by fellow detainees and then the trial itself, which was before a military tribunal which, in itself, is completely wrong in international law. He is a civilian; he should not have been subject to a trial by a military court. Then, there were the extremely bad conditions in prison where he spent many years. So, I will say his torture is at the extreme end of the scale. It will be among the worst that we have seen.

This means the HRC has to look through all these evidence before deciding if it is necessary to look into the case?

What they do is that they look at what we present – a petition (a technical term). It included all I have been saying about the case, which is the narrative. We presented supporting evidence which included medical reports and reports from Amnesty International. They looked at all the evidence.

They then gave the Cameroon Government a chance to respond. So, each side is given a chance to prove its case. Eventually, the Committee makes a decision and they did so in Akwanga’s case in 2011. It is all done on documents. It is not a trial in the usual sense when people give oral evidence with witnesses. It took almost three years before a decision came out.

And what was the decision?

The Committee looked at both sides of the argument and it was sufficient for them to conclude that what Akwanga said was the truth. He was tortured, his trial was unfair because it was held in a military court, he was not given proper chance to defend himself and that he had been ill-treated in prison. They concluded that Cameroon has breached all its obligations. Cameroon had agreed not to torture people, not to arrest them without telling them why they were arrested, not to deprive them of legal defence, not to ill-treat them. It then issued what it calls its Views that are really recommendations that it must give Akwanga an effective remedy.

It went further because it gave some specific things that Cameroon was meant to do. Cameroon had to investigate the issue of torture and it had to prosecute those who were guilty of torture in that instance. The Government also had to review the conviction itself and they had to make some reparations to Akwanga, including compensation. They didn’t mention a figure, they don’t usually do that but it had to be sufficient to remedy what had happened to him.

REDRESS since made a recommendation about how much the Cameroon Government had to pay Akwanga as compensation…?

These views were made more than five years ago and sent to the Cameroon Government. Cameroon has done very little, if anything. A few years ago, we wrote directly to the Government in Cameroon, to the President and other State officials in order to get some kind of dialogue going. We said we were of the view that it was reasonable to claim a figure of US 3 million Dollars (approximately FCFA 1.5 billion) and that we were quite willing to discuss this further and to try to resolve the compensation issue.

Unfortunately, the Cameroon State did not reply but, eventually, a year or so later, they did file a paper with the HRC in Geneva saying that they knew that we were seeking this amount of compensation but, unless he went back to Cameroon to face the judicial process there (there is a warrant for Akwanga’s arrest in Cameroon), they were not prepared to do anything.

Why do you think the Cameroon Government is reluctant to resolve the issue without Akwanga being physically in Cameroon?

In our view and in Akwanga’s view, it was just showing that they were not being serious. The HRC made it very clear; they knew that he was in exile in the USA. They, in no way, suggested that this had to be dealt with by him going back to Cameroon. It is absurd for the Cameroonian Government to take this position. They know he cannot go back without being persecuted; arrested and possibly tortured again. Cameroon Government is avoiding the compensation, the investigations into the torture, they are avoiding the review.

Will you say the Cameroon Government is not serious about the HRC recommendations?

I will not go that far. I hope that they will still take the obligations seriously. Why sign up to international treaties if you are not going to abide by them? There have been cases of other Cameroonians taking the Government to the HRC, wining their cases and are effectively paid.

They have dealt with those other cases. We are still going to pursue them to do something. It makes no sense for them to ask Akwanga to go back to Cameroon. They can interview him via video; they can send a commission to interview him if they want more evidence. We are quite happy to give more information if required.

From all indications, they are treating Akwanga’s case differently. Do you think this is because he is campaigning for the independence of English-speaking Cameroon?

It could be that but they haven’t said anything to that effect. In International law, that is not relevant to this case. He was tortured and deserves reparation.

Five years down the line and the Cameroon Government has not honoured its international obligations. What next?

It is difficult. The HRC, like other international bodies, is limited in its capacity to follow-up these cases to persuade governments to abide by their decisions. This is one of the limitations of these kinds of international treaties; the enforcement mechanism is rather weak. The Cameroon State has to be responsible if they have any concern about their reputation.

Akwanga is half blind now and still suffers from nightmares. Do you think this is because of his years in prison?

He has had a lot of problems health-wise in all the time that I have known him. We have seen medical and psychological reports about him. I have spoken to him a number of times when he has been very down. He is battling and will always battle to cope with what happened to him. He is, however, remarkably resilient. He has continued to try and rebuild his life, to provide for his family.

He is a man of very considerable academic ability and he has gained a number of qualifications since he escaped from prison. He needs more support and if he did get some reparations that will boost him a lot. Not only financially (it is not only the money that is important here).

He needs acknowledgement that what the Government did was not correct. He has only had an acknowledgement by a UN body which is something in itself that he was believed and it is on public record now that what he said happened. He is by no means fully recovered and probably never will be.

If he can get a measure of justice which is what we are seeking for him, that will help a great deal as it often does for torture survivors.

Cameroonpost

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Rita Akana

07.Sep.2016

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U.S. President Barack Obama cancelled his first meeting with Philippines counterpart Rodrigo Duterte on Tuesday after the blunt-spoken Duterte described him as a "son of a bitch", casting a shadow over a gathering of Asian leaders in Laos.

Duterte, who has been roundly criticised abroad for a 'war on drugs' that has killed about 2,400 people since he took office two months ago, said hours later that he regretted his comments "came across as a personal attack" on the U.S. president.

"President Duterte explained that the press reports that President Obama would 'lecture' him on extrajudicial killings led to his strong comments, which in turn elicited concern," the Philippines government said.

"He regrets that his remarks to the press have caused much controversy," it added in a statement released at the summit in Vientiane, the capital of Laos.

The White House had earlier said Obama would not pull any punches on his concerns about human rights abuses in the Philippines, its treaty ally, when meeting Duterte.

Duterte responded to that with his "son of a bitch" comment to reporters on Monday before leaving to join fellow leaders of Southeast Asian and East Asian leaders for the summit.

Obama learned about the insult as he emerged from the Group of 20 summit in Hangzhou, China. At a news conference, he said he had told his aides to speak with Philippine officials "to find out is this, in fact, a time where we can have some constructive, productive conversations."

Hours later, his aides said the meeting had been cancelled.

Instead, Obama plans to meet South Korean President Park Geun-hye on Tuesday, said Ned Price, spokesman for the White House National Security Council - a meeting where the response to North Korea's latest missile tests is expected to be on the agenda.

MOVES TO SOOTHE TENSIONS

Obama arrived in Vientiane just before midnight on Monday for the first visit by a sitting U.S. president to Laos, where he wants to begin to address the legacy of U.S. bombing during the Vietnam War.

He was set to give an address on the importance he has placed on Asia in his foreign and economic policy during his two terms in office, which will end on Jan. 20.

The unusually open tensions between the United States and the Philippines, its former colony and long-term ally, threaten to overshadow the Association of Southeast Asian Nations (ASEAN) and East Asia Summits in Laos from Tuesday to Thursday.

The 10-member ASEAN will meet leaders of other regional powers: China, Japan, South Korea, Australia, India, Russia and the United States.

Moving quickly to soothe the tensions with Washington, Duterte said in a separate statement that he remained committed to Manila's alliance with the United States.

"Our primary intention is to chart an independent foreign policy while promoting ties with all nations, especially the U.S. with which we have had a longstanding partnership," he said.

 

CURSES

Duterte won the presidency in May as he promised to suppress crime and wipe out drugs and drug dealers. At least 2,400 people have been killed since he took office on July 1, including 900 in police operations against drug pushers.

The rest are "deaths under investigation", a term human rights activists in the Philippines say is a euphemism for vigilante and extrajudicial killings.

Duterte has poured scorn previously on critics, usually larding it with curses.

He lambasted the United Nations after it criticised the surge in killings and he turned down a meeting with U.N. Secretary General Ban Ki-moon at the Laos summit.

In May, he called Pope Francis a "son of a whore", although he later apologised, and called U.S. Ambassador Philip Goldberg a "gay son of a whore."

On Tuesday, Duterte met Singapore's prime minister and was later to hold talks with the leaders of Japan and Vietnam.

The Philippines has been aligned with the United States in its dispute with China over the South China Sea, in which Washington blames Beijing for militarizing a vital global trade route and jeopardising freedom of movement at sea and in the air.

China rejects those accusations and in turn blames the United States for ratcheting up tensions unnecessarily. China claims most of the South China Sea, through which more than $5 trillion of trade moves annually. Brunei, Malaysia, the Philippines, Taiwan and Vietnam have rival claims.

An arbitration court in The Hague in July invalidated China's vast territorial claims to the waterway after a case was brought by the Philippines, a ruling that Beijing refuses to recognise.

Duterte said last month he expected all ASEAN members to support the arbitration court's ruling, but that the Philippines would not raise the issue in Laos.

Reuters

 

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Rita Akana

06.Sep.2016

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Zimbabwe’s 92-year-old President Robert Mugabe has arrived home after an overseas absence that led to concerns over a health crisis, with witnesses saying he joked about the latest rumours of his death.

The world’s oldest head of state returned to the capital, Harare, on Saturday morning after leaving a regional summit early on Tuesday. Flight data showed his plane went to Dubai after the original flight path indicated a course toward Asia. Mugabe has received treatment in Singapore in the past. 

His spokesperson had denied reports that Mugabe was ill.

Witnesses at the airport said the president looked cheerful and told people he had been away attending to family matters. Mugabe was expected to address a youth meeting at his ruling party’s headquarters later on Saturday.

His absence had raised the level of uncertainly in this southern African country already in economic and political turmoil. Frustration has been rising in Zimbabwe over a plummeting economy and allegations of government corruption.

Police on Thursday banned protests in the capital for two weeks, on the eve of a demonstration planned by a newly formed coalition of opposition groups.

Mugabe has been in power since 1980, and many in Zimbabwe have known no other leader in their lifetime. He has said he would run again in elections in 2018. – Associated Press

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Rita Akana

03.Sep.2016

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 A stationed truck packed with brewery products suddenly went on motion,killing two persons.Six others were seriously injured. The General Directorate of Les Brasseries du Cameroun says those injured are being attended to in hospitals.

This is the second time in two weeks that a truck transporting brewery products from same company has taken away lives. 

In Bafounda,still in west region,eight persons were killed while in a taxi.All eight on board died after a truck crushed their vehicle beyond repairs.

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Prince Hanson Nfor

02.Sep.2016

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Gabon's interior minister says more than 1,000 people have been arrested since the capital erupted in violence Wednesday, after officials announced the re-election of President Ali Bongo.

Thursday, police patrolled the streets of Libreville, after a night of clashes in which demonstrators set fire to the National Assembly and buildings nearby, and government forces stormed the headquarters of the opposition.

In Washington, the U.S. State Department urged all sides to come together “peacefully” to avoid future unrest, while not ruling out that “appropriate actions” might be considered going forward. 

“We deplore the escalation of violence" following the release of provisional election results by the government, spokesman John Kirby said Thursday. “We call upon the security forces to respect the constitutionally guaranteed rights of all Gabonese citizens and of all residents of Gabon.”

Meanwhile, a security message was issued Thursday by the U.S. Embassy in Libreville to inform American citizens of “widespread, violent demonstrations, rioting and looting” there, and to ask Americans to remain in safe locations.

“Security forces have responded to the situation with tear gas and have placed roadblocks at major arterial roads, cutting off transportation across the city. There is also debris and burned cars blocking the roads in some areas,” the message said.

At least one fatality

Gabon government officials said at least one person was killed and 19 others were injured when government forces stormed the headquarters of the opposition. Opposition leader Jean Ping said earlier that two had been killed.

VOA

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Rita Akana

02.Sep.2016

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The fate of over 100 magistrates is said to be hanging on a balance as the Higher Judicial Council is expected to be meet any moment from now reports Cameroon post.

The Council will slam sanctions on unscrupulous magistrates if found guilty of wrongdoing. According to sources at the Ministry of Justice and Keeper of the Seals, complaints against such magistrates border on acts of corruption and partiality that lead to the miscarriage of justice in most of their decisions. 

Others are being accused of the violation of professional ethics and the disrespect of hierarchy.

Before President Paul Biya left for a private visit to Europe last week, talk was rife that he was about to convene a session of the Council.

After the Attorneys-General of the Court of Appeal and State Counsels held a two-day meeting with the Minister of Justice in Yaounde last August, observers expected the convening of the Higher Judicial Council meeting.

Too many issues, The Post leant, are pending since the last session of the council took place on December 18, 2014. Given that the Council session has not been held for two years, the promotion and demotion as well as the recruitment of magistrates into the corps have been stalled.

There are many magistrates who are due retirement and can only be replaced by the Judicial Council.

Inside sources told The Post that the delay in convening a session of the Council to trash issues has ignited a general malaise in the functioning of the magistracy and the country’s justice system in general.

It is reported that many magistrates who might have been promoted before now are totally disillusioned. They are said to be grumbling everyday to the effect that the State has not been fair to them.

Many people in certain areas are waiting for the Council to slam sanctions on some unscrupulous magistrates who hawk justice to the higher bidder in most of their court decisions.

The delay in convening the Council is equally generating so much anxiety among members of the outfit that President Biya appointed in December 24, 2014. Such members were appointed by virtue of Presidential decree no.2014/594 of December, 24, 2014.

Among those appointed as substantive members are personalities designated by the National Assembly, namely: Hon. Bernabe Eloundou, Hon. Brigitte Mebonde and Hon Pierre Laoussou. Members designated by the Supreme Court include: Justice Fofung Justine Nabum Wacka, Justice Marc Ombala Ateba and Justice Manga Moukouri.

The President of the Republic designated one Mr Albert Ekono Nna.

By virtue of that decree, President Biya equally appointed five alternate members of the Higher Judicial Council. One of them is SDF MP for the Santa constituency in the Northwest Region, Hon Chief Paul Nji Tumasang.

The substantive members have been waiting to savour the Council session in vain. Although the Higher Judicial Council shoulders responsibilities of great magnitude over the functioning of the judicial system, its functioning remains at the whims and caprices of one man, President Biya who is Chair of the Council.

Observers hold that the vesting of so much power on the President of the Republic is a legal lacuna that gravely undermines the independence of the judiciary. By virtue of Article 37 of the constitution, it is the President of the Republic that is guarantor of the independence of the judiciary in Cameroon.

Critics have picked holes with such a constitutional provision, saying it is the biggest irony that the head of the executive is expected to ensure the independence of the judiciary.

“The judiciary can never be independent in the scandalous situation wherein the President of the Republic has overwhelming powers to hire and fire magistrates at will,” one critic retorted.

Government sources hold that, although it is incumbent on the Higher Judicial Council session to hold, it can only be possible when President Biya returns to the country.

They reveal that the prelude to such a meeting is a compulsory meeting between the Technical Adviser at the Presidency in Charge of Legal Affairs, Jean Foumane Akame and the Minister of Justice, Laurent Esso.

The Minister of Justice and Keeper of the Seals is the Vice Chair of the Council, while the Technical Adviser at the Presidency in Charge of Legal Affairs is its Secretary.

Cameroon Post

 

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Rita Akana

02.Sep.2016

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