Arbitrary detention and judicial harassment of Mr. Alain Patrice Nganang

CMR 003 / 1217 / OBS 118

Arbitrary detention /

Judicial harassment

Cameroon

December 18, 2017

The Observatory for theProtection of Human Rights Defenders, a partnership of FIDH and the WorldOrganisation Against Torture (OMCT), requests your urgent intervention in thefollowing situation in Cameroon.

Descriptionof the situation:

The Observatory has been informed by the CentralAfrica Human Rights Defenders Network (REDHAC) about the arbitrary detention aswell as the judicial harassment of Mr. Alain Patrice Nganang, writer,who has been particularly vocal on the “Anglophone crisis” in Cameroon[1].Residing in the US, he had returned to Cameroon on October 27, 2017, to supportactivists in the North-West and South-West regions of Cameroon and visited severalpolitical prisoners.

According to the information received, onDecember 15, 2017, after a fifteen minutes hearing before the tribunal depremière instance du Centre administratif de Yaounde, Mr. Alain Nganang wasformally charged with “contempt of a state constituent body” and “apology ofviolence”. Hefaces up to five years in prison. The next hearing is scheduled on December 19,2017.

Mr. Alain Nganang has been detainedsince his arrest on December 6, 2017, while boarding a flight to Harare atDouala international airport. On December 14, 2017, Mr. Alain Nganang wastransferred to Yaoundé’s central prison of Kondengui where he remains detained(see background information).

At the time of this publication, Mr.Alain Nganang was still denied family visit and attempts by human rights NGOsto visit him were denied by prison authorities.

The Observatory recalls that on December5, 2017, Mr. Alain Nganang had published an op-ed in newspaper Jeune Afrique, denouncing Paul Biya’sgovernment actions in the Anglophone regions of Cameroon[2].

The Observatory expresses its concernsover the arbitrary detention and judicial harassment of Mr. Alain Nganang whichappears to be a retaliation of his peaceful and legitimate human rightsactivities. Consequently, the Observatory urges Cameroonian authorities toimmediately and unconditionally release him and in the meantime to guaranteehis right to due process and fair trial.

Background information:

On December 6, 2017, at 10am Mr. AlainNganang arrived at Douala international airport together with Mr. Gerald Kuissuto board a flight to Harare where he was supposed to visit his family and holda series of conferences on the “Anglophone crisis”. As he was about to boardhis flight, Mr. Alain Nganang was questioned by security officers and laterdisembarked from the plane. He was later taken to a police station in Yaoundé. OnDecember 7, 2017, Mrs. Nganang, who was waiting for Mr. Alain Nganang inHarare, called Mr. Gerald Kuissu to inform him that Mr. Alain Nganang had neverarrived in Harare.

On December 7, 2017, Mr. Alain Nganangwas notified of accusations of “offending the President in a Facebook post”pending against him.

Authorities confiscated the journalist'sphone and he was not granted access to legal counsel from December 6 to 8,2017.

On December 9, 2017, Mr.Alain Nganang was presented to the criminal police for audition.

On December 11, 2017, was presented tothe Public prosecutor in Yaoundé. The latter dropped the accusations of“offending the President in a Facebook post”. However, Mr. Alain Nganang wastold to be facing charges of “illegal immigration” and “forgery”.

Actions requested:

Please write to theauthorities of Cameroon and ask them to:

i. Immediately and unconditionallyrelease Mr.Alain Nganang aswell as all human rights defenders arbitrarily detained in Cameroonian;

ii. Put an end to all acts ofharassment, including at the judicial level, against Mr. Alain Nganang as well as against allhuman rights defenders in Cameroon;

iii. In the meantime, ensure that Mr. Alain Nganang has full and unhindered access to his family and lawyers and guarantee hisright to due process and fair trial;

iv. Conform in any circumstanceswith the provisions of the United Nations Declaration on Human RightsDefenders, adopted on December 9, 1998 by the UN General Assembly, inparticular its Articles 1, 6(c) and 12.2;

v. Ensure in all circumstancesrespect for human rights and fundamental freedoms in accordance with internationalhuman rights instruments ratified by Cameroon.

Addresses:

· Mr. PaulBiya, President of the Republic of Cameroon, Fax +237 222 22 08 70

· H.E. Mr. Philémon Yang, Prime Minister and Head ofGovernment of Cameroon, Fax: +237 222 23 57 35 / + 237 222 23 57 65. Email: spm@spm.gov.cm

· Mr. Laurent Esso, Minister of Justice of Cameroon,Fax: + 237 222 23 00 05 / + 237 222 23 55 59

· Mr. René Emmanuel SADI, Minister of TerritorialAdministration of Cameroon, Fax: + 237 22 22 37 35

· Dr. Chemuta Divine Banda President of the National Commission on HumanRights and Freedoms, Fax: +237 222 22 60 82, E-mail: cndhl@iccnet.cm / mouangue2001@yahoo.fr

·H.E. Mr. Anatole Fabien Nkou,Ambassador, Permanent Mission of the Republic of Cameroon to the United NationsOffice in Geneva, Switzerland. Fax: + 41 22 736 21 65, Email: mission.cameroun@bluewin.ch

· H.E. Mr. Daniel Evina Abe'e, Cameroon Ambassador to the European Union,Embassy of the Republic of Cameroon, Brussels, Belgium. Fax: + 32 2 344 57 35;E-mail: ambassade.cameroun@skynet.be

Please alsowrite to diplomatic representations of Cameroon in your respective countries.

***

Paris-Geneva,December 18, 2017

Kindly informus of any action undertaken quoting the code of this appeal in your reply.

The Observatory, an FIDHand OMCT venture, is dedicated to the protection of human rights defenders andaims to offer them concrete support in their time of need. FIDH and OMCT are bothmembers of ProtectDefenders.eu, the European UnionHuman Rights Defenders Mechanism implemented by international civil society.

To contact theObservatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and faxFIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80

· Tel and faxOMCT: + 41 22 809 49 39 / 41 22 809 49 29

[1] See FIDH Press release, “Deathtoll rises in Anglophone regions after severe repression” published on October8, 2017.

[2] « Carnet de route de l’écrivain PatriceNganang en zone (dite) anglophone », JeuneAfrique, December 5, 2017.