Arbitrary detention, judicial harassment and ill-treatments against Mr. Franklin Mowha

Brief description of the situation:

The Observatory was informed by theCentral Africa Human Rights Defenders Network (REDHAC) of the arbitrarydetention, judicial harassment and ill-treatments inflicted on Mr. FranklinMowha, president of Frontline Fighters for Citizens Interests (FFCI), ahuman rights organisation operating in the Western region of Cameroon[1].

According to the informationreceived, Mr. Franklin Mowha is being detained and prosecuted sinceDecember 2013 for « destruction of public goods » and« insulting a public officer during the performance of his duties »based on articles 187 and 154 of the Penal Code, and is facing sentences of upto 2 years of imprisonment and 20 000 to 20 million FCFA. In view of thesearticles’ dispositions, it is feared that a heavy fine impossible to pay forMr. Franklin will be inflicted on him with the aim of maintaining him indetention.

On 4 December 2013,Mr. Franklin Mowha was arrested while he was at the Ter Brigade of theBangangté Gendarmeerie, head town of the Ndé department, in order to visitMr. Nouyep Serge, member of the Cameroun Peasants Movement (M-PAC),detained in custody because of an inter-community dispute.

Furthermore, in a letter adressed on1 February 2010 to the sub-prefect of the Bangangté neighbourhood, and inanother one dating from 26 December 2013 to the President of Cameroon,Mr. Franklin Mowha denounced acts of torture and other abuses againstindigenous Bororos people, on instructions from the Bangangté superior official[2].

On the day of his arrest,Mr. Franklin Mowha was publicly beaten in the Brigade Ter yard bygendarmes of that group, who would have acted following orders of the Ter de laGendarmerie brigade administrative authorities and the Superior official ofBangangté. Mr. Mowha was sustained injuries in the nose and ribs, and wasstill under perfusion during a visit of the REDHAC on 23 June 2014.

Mr. Franklin Mowha was initially brought in front of Bangangté’sProsecutor of the Republic on 6 December 2013 at 7:30 am, who did not upholdany charges against him. The Brigade Ter gendarmes then took him back to hiscell before bringing him the sale day in front of the Prosecutor of theBafoussam (Western Cameroon) military Court, despite the fact that this affairshould come under the remit of ordinary criminal courts, in total contradictionwith the general principles of law that a military juridiction can only judgesoldiers.

The Observatory firmly denouncesthis dysfunction of the working of justice, and recalls that article 14 of theInternational treaty and convention on civil political rights specificies that« Everyone is entitled to a fair and public hearing by an independent andimpartial tribunal » . The Observatory also recalls that the HumanRights Committee of the United Nations had already noted, in its generalobservation n°32 on the interpretation of article 14 of the Internationaltreaty and convention, that « the trial of civilians by military orspecial courts can raise serious problems as far as the equitable, impartialand independent administration of justice is concerned ».

Following his appearance before theMilitary court prosecutor on 6 December 2013, Mr. Mowha was transfered tothe central prison of Bafoussam, where he is being maintained in preventivedetention since more than seven months ago. Mr. Franklin Mowha recentlyreceived an order for reference before the military court but, until today, noaudience has yet been set for hearing.

The Observatory is deeply concernedby the arbitrary detention and ill-treatments inflicted on Mr. MowhaFranklin, and by the acts of judicial harassment against him on the basis offalse accusations with the goal of impeding his activities as a human rightsdefender. The Observatory is particularly concerned by the unfair use ofmilitary justice against a civilian, moreover against a human rights defender,so as to deny his most fundamental rights. The Observatory urges thecameroonese authorities to release him immediately and unconditionally.

Actions requested:

The Observatory urges you to writeto the authorities of Cameroon asking them to :

i. Guarantee inall circumstances the physical and psychological integrity of Mr. FranklinMowha and of all human rights defenders in Cameroon;

ii. ReleaseMr Franklin Mowha immediately and unconditionally since his detention isarbitrary as it only aims to impede his human rights defender activities ;

iii. Put an endto all forms of harassment against Mr. Franklin Mowha and all human rightsdefenders in Cameroon ;

iv. Comply witharticle 14 of the International treaty and convention on civil politicalrights, which provides that « everyone is entitled to a fair and publichearing by a competent court », and with the general observation n°32 ofthe Human Rights Committee, that underlines also that « the trial ofcivilians by military of special courts can raise serious problems concerning the« fairness », impartiality and independence of the working ofjustice » (para. 22) ;

v. Comply withthe dispositions of the Declaration on Human Rights defenders, adopted by theUnited Nations General Assembly on 9 december 1998, and morespecifically :
- its article specifying that « everyone has the right, individually andin association with others, (a) to know, seek, obtain, receive and holdinformation about all human and fundamental freedoms, including having accessto informatio nas to how those rights and freedoms are given effect in domesticlegislative, judicial or administrative systems

- (b) As provided for in human rights and otherapplicable international instruments, freely to publish, impart of disseminateto others views, information and knowledge on all human rights and fundamentalfreedoms ;

- (c) to study, discuss, form and hold opinions on theobservance, both in law and in practice, of all human rights and fundamentalfreedoms and, through these and other appropriate means, to draw publicattention to those matters »

- and its article 12.2 which provides that « Thestate takes all necessary measures to ensure that the competent authoritiesprotect everyone, individually and in association with others, from all acts ofviolence, threats, retaliation, de facto or de jure discrimination, pression orother arbitrary actions in the framework of the legitimate exercise of rightsreferred to in the present Declaration ». ;

vi. More generally, comply with the dispositions ofthe Universal Declaration on Human Rights and regional and international humanrights instruments ratified by Cameroon.

Adresses :

· Mr. Paul Biya, President , Présidence de laRépublique, Palais de l’Unité, 1000 Yaoundé, Cameroun, Fax +237 222 08 70

· Mr. Philémon Yang, Prime ministre et Head of thegouvernement, Primature du Cameroun, Fax : +237 22 23 57 35 etcourriel : spm@spm.gov.cm

· Mr. Laurent Esso, Justice Minister, Garde desSceaux, Ministère de la Justice, 1000 Yaoundé‚ Cameroun, Fax : + 237 22300 05

· Mr. Alain Edgard Mebe Ngo’o, Minister delegate atthe Presidency of the Republic in charge of Defense B.P1000 Yaoundé‚ Cameroun,Fax +237 223 59 71

· Mr. SADI René Emmanuel, Minister of theterritorial Administration and Decentralisation, Fax : + 237 222 37 35

· President of the National Commission for Human rightsand Liberties (CNDHL), Tel : +237 222 61 17, Fax : +237 222 60 82,E-mail : cndhl@iccnet.cm

· Permanent Mission of the Republic of Cameroun to theUnited Nations Office in Geneva, rue du Nant 6, 1207 Genève, Suisse, Fax :+ 41 22 736 21 65, Email : mission.cameroun@bluewin.ch

· Embassy ofthe Republic of Cameroon in Brussels, 131 av. Brugmann, 1190 Forest, Belgium,Fax : + 32 2 344 57 35 ; Email : ambassade.cameroun@skynet.be

Please also write to the diplomatic representations of Cameroon in yourrespective countries.

[1] Since its creation in 2010, FFCI is committed tothe promotion of indigeneous people’s rights in the region of Western Cameroon,FFCI denounces particularly the expropriation and marginalisation of the Bororopeople, with the complicity and silence of the traditional and administrativeauthorities in this region.

[2] Traditional administrative autority enhaced withmoral, spiritual and legal powers.