Ongoing judicial harassment of members of the Esu Youths Development Association (EYDA)

CMR 001 / 0716/ OBS 056.2

Judicialharassment /

Arbitrarydetention /

Release / Intimidation

Cameroon

January 13, 2017

The Observatory for the Protection of Human Rights Defenders, apartnership of FIDH and the World Organisation Against Torture (OMCT), hasreceived new information and requests your urgent intervention in the followingsituation in Cameroon.

New information:

The Observatory hasbeen informed by reliable sources about the ongoing judicial harassment ofmembers of the Esu Youths Development Association (EYDA)[1],namely Messrs. Abue Philip Kpwe, Cyprian Azong, Bernard Fuhand Divine Biame. The four are part of a group of leaders opposingland-grabbing undertaken on the land of the Esu community(North-West Cameroon) by Mr. Baba Ahmadou Danpullo[2],a billionaire businessman, cattle rancher, tea plantation owner and amember of the Central Committee of the ruling Cameroon People’sDemocratic Movement (CPDM) party.

According to theinformation received, on December 20, 2016, the North-West Court of Appealgranted bail to the 4 youth leaders following several unjustified adjournments.No date for the appeal hearing regarding the lack of jurisdiction[3]has been set yet.

However, Mr. AlbertNjie Nganje, the General Prosecutorof the North-West Region has blocked the release of the four defenders despiteseveral requests for release, which have been denied on grounds that they werenot filed to the appropriate court. They have been detained since May 2016 andall applications for their release since have been denied (see backgroundinformation).

In addition, theObservatory has been informed of the precarious psychological condition of Mr.Abue Philip Kpwe who lost his son on September 7, 2016 and was refusedpermission to attend the funeral. Furthermore, the health of Messrs. Cyprian Azong,Divine Biame and Bernard Fuh are deteriorating due to poor detention conditionsand no adequate medical care has been given to the detainees.

The four leaders arebeing prosecuted alongside five other Esu leaders, namely Messrs. RedemptionGodlove, Ephraim Kagha Mbong, Emmanuel Wung, Ivo Mehand Williams Meh, on trumped-upcharges of depredation by band”(Section 236.1 of the Penal Code). If convicted, the nine face 10 to 20 yearsin prison. HRH Fon Kum Achuo II, chief of the village[4],is also facing charges due to two complaints filed on behalf of Mr. BabaAhmadou Danpullo. The case is stillpending without any date for the next hearing scheduled.

Furthermore, Mr. Robert Fon, lawyer of the nine Esucommunity leaders, and Mr. Chris Mbunwe, a journalist of the PostNewspaper in Bamenda, who are targeted by a complaint for defamation filedby Mr. Baba Ahmadou Danpullo on February 24, 2016 regarding an interview[5],also had their hearings postponed on several occasions, including on October 5,2016. The next hearing is scheduled on February 2, 2017.

Accordingly, theObservatory calls upon the Cameroon authorities to release immediately Messrs. Abue Philip Kpwe, Divine Biame, Cyprian Azongand Bernard Fuh, and to put an end to the ongoing harassment, includingat judicial level, against them as well as against Messrs. Redemption Godlove,Ephraim Kagha Mbong, Emmanuel Wung, Ivo Meh, Williams Meh, HRH Fon Kum AchuoII, Robert Fon and Chris Mbunwe.

The Observatory further urges the Cameroon authorities to ensure that,until charges are dropped, all the judicial proceedings are carried out in fullcompliance with their right to a fair trial, as protected under internationallaw and to ensure the physical and psychological integrity of all ninedefenders.

Backgroundinformation:

In 2015, Mr. BabaAhmadou Danpullo attempted to establish a land certificate on the Esu land. The Esu community leaders subsequentlyfiled a case requesting Mr. Danpullo to prove the land ownership. Instead ofproviding this proof, Mr. Danpullo filed a case based on trumped-up charges ofdefamation against Barrister Robert Fon,the Esu community lawyer, claiming 100 million FCFA (152 449 euros),alleging that he had paid the Governor of the North-West and otherofficials 50 million FCFA (76 225 euros) to own the land. Thesedevelopments are part of the pattern of judicial harassment to deprive the Esucommunity of legal counsel. Mr. Fon is also lawyer for the Mbororo communitythat has been resisting abuses by Mr. Danpullo over several years[6].

On January 18, 2016, farmhouses belonging to Esu people werereportedly burnt down by workers of the Elba Ranch, belonging to Mr. BabaAhmadou Danpullo. The Esu filed a complaint to the Divisional Officer of Fungombut have received no response to date.

According to reports filed by Elba Ranch, in the night ofApril 18, 2016, huts belonging to the workers of his “Elba ranch” were burntdown. However, it is reported that at that time around 50 gendarmes werestationed in the area. A gendarmerie report of May 5 determined that no onecould be held responsible for the above-mentioned acts.

On April 22, 2016, Mr.Redemption Godlove was arrested at his home on charges of “arson” and“vandalism” and transferred to Bamenda Central Prison. His door was forced uponby gendarmes from Elba Ranch. He was initially taken to Bamenda severalkilometers from Esu and locked up in secret. Esu community leaders and theirlawyer found him following several days of search.

On May 3, 2016, a two-room house under construction in ElbaRanch was reportedly partly damaged.

The same day, lawyers acting on behalf of Elba Ranch and Mr.Baba Ahmadou Danpullo filed a complaint against the nine above-mentionedcommunity leaders and HRH Fon Kum Achuo II, for alleged burning downof huts belonging to the workers of his “ELBA ranch”.

On May 9, 2016,Messrs. Divine Biame, Cyprian Azong and Bernard Fuh were summoned to the gendarmerie legion of Bamenda and arrested under thesame charges.

On May 25, 2016, Mr.Abue Philip Kpwe was in turn arrested at a routine identity card checkpoint,and placed in detention at Bamenda Central Prison on the same grounds.

On May 31, 2016, the Chambers of the ExaminingMagistrate of the High Court of Mezam Division Holden at Bamenda ruled on aPreliminary Objection filed by Barrister Robert Fon, on behalf of the nineabove-mentioned activists.

Examining Magistrate Justice Francis Ndip Obenrelied upon Section 140 of the Penal Procedure Code[7]to decline jurisdiction, and withdrew the remand warrant against Mr. RedemptionGodlove only, though the remand arrests should have been cancelled against theother four[8],and effectively ordering their release.

In spite of this courtdecision, the Bamenda Central Prison authorities kept the five human rightsdefenders in detention, under the above-mentioned accusations.

On July 14, 2016,State Prosecutor Justice Nchang Augustin Amongwa had ordered the release onbail of Mr. Redemption Godlove for lack of jurisdiction ratione loci. However, according to the Penal Code he was supposedto also release the remaining four activists still in jail and close the caseas the court has no jurisdiction to continue handling the matter.

On July 26, 2016, AbuePhilip Kpwe, Cyprian Azong, Bernard Fuh, Redemption Godlove, Ephraim Kagha Mbong, Emmanuel Wung, Ivo Meh, Williams Meh and Divine Biame were expected to be broughtbefore the Examining Magistrate Oben Francis ofBamenda High Court for a preliminary inquiry on trumped-up charges of“depredation by band” (Section 236.1 of the Penal Code).

The court decided topostpone the hearing for the third time until August 16, 2016, because the magistratewas busy and also because only Mr. Kpwe was brought to court. Since the arrestof several of the activists in April and May 2016, the trial had been postponedtwo other times (July 5 and July 12), all at the request of the court,allegedly due to the “late coming of Mr. Abue Phillip Kpwe and absence of Mr.Divine Biame, Cyprian Azong and Bernard Fuh”. According to the informationreceived, the court did not prepare the warrant to bring the detainees to thehearing.

Hearings in the casewere then continuously postponed including on October 17, November 1, 22,December 6, 13, 15 and 20, 2016.

In addition, Mr. RobertFon and Chris Mbunwe,have been summoned to appear before the Examining Magistrate on August 18, 2016following a complaint for defamation filed by Mr. Baba Ahmadou Danpullo onFebruary 24, 2016, regarding an interview. He is claiming 100 000 000 FCFA (152 449 euros) in damages. Once again, thehearing has been postponed three times (April 20, 25 and June 13).

Several other acts ofintimidation against the Esu community leaders have been reported.

On July 11, Mr. Sale Umaru, the ELBA Ranch manager, tried to bribe Mr.Abu Philip Kpwe in order to make him sign a document accusingHRH Fon Kum Achuo II of instructingthem to carry out the acts they are accused of. As a reward, he promised tosecure his release and give him 500 000 FCFA (762 euros). Mr. Kpwe refused tosign the document.

On July 14, 2016, Mr. Danpullo through his ranch manager, filed a secondcomplaint against HRH Fon Kum Achuo II accusing him of “setting up anarmed group and importing guns from neighbouring Nigeria to come in an attack the military inEsu and cattle belonging to Elba Ranch”. This complaint is still beinginvestigated by gendarmes.

On July 18, 2016, Messrs. Ivo Friday Kenah and Joseph Kelly Gham, twovillagers working for Elba Ranch, who testified in this case, confessed theyhad been threatened and forced by Mr. Sale Umaru and Mr. Baba AhmadouDanpullo’s lawyer Sule Zakari to make false statements against the villagersand the Fon HRH Fon Kum Achuo II. They have been interviewed by gendarmes andprovided written statements to this effect. Investigations are ongoing and thiscomplaint is not yet at the level of the courts.

Actionsrequested:

Please write to the authorities of Cameroon andask them to:

i. Guarantee in all circumstances the physical andpsychological integrity of the nine members of EYDA, Messrs. HRH Fon Kum Achuo II, Robert Fon and ChrisMbunwe and all human rights defenders in Cameroon;

ii. Release immediately Messrs.Abue Philip Kpwe, Divine Biame, Cyprian Azong and Bernard Fuh;

iii. Put an end to all acts of harassment - including atjudicial level - against the nine members of EYDA, HRH Fon Kum Achuo II, Robert Fon and Chris Mbunweand all human rights defenders in Cameroon;

iv. Conform in any circumstances with the provisions of theUnited Nations Declaration on Human Rights Defenders, adopted on December 9,1998 by the UN General Assembly, in particular its Articles 1 and 12.2;

v. Ensure in all circumstances respect for human rights andfundamental freedoms in accordance with international human rights instrumentsratified by Cameroon.

Addresses:

· Mr. Paul Biya, President ofthe Republic of Cameroon, Fax +237 222 22 08 70

· H.E. Mr. Philémon Yang, PrimeMinister and Head of Government of Cameroon, Fax: +237 222 23 57 35 / + 237 22223 57 65. Email: spm@spm.gov.cm

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

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

· Dr. Chemuta Divine Banda,President of the National Commission on Human Rights and Freedoms, Fax: +237222 22 60 82, E-mail: cndhl@iccnet.cm / cdbanda26@yahoo.fr

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

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

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

***

Paris-Geneva, January 13, 2017

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory, an FIDH and OMCT venture, isdedicated to the protection of human rights defenders and aims to offer themconcrete support in their time of need. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergencyline:

• Email:Appeals@fidh-omct.org
• Teland fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80
• Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29

[1] The EYDA aims at promoting andprotecting human rights, and notably the land rights of the Esu community.

[2] In 1986, Mr. Baba AhmadouDanpullo established two cattle ranches in the Boyo and Menchum divisions ofthe North-West Region. He allegedly forced farming communities from their landswithout compensation, which made him the largest single private landowner inthe region. Since then, the landowner, who has close links with theauthorities, has been involved in land disputes with people peacefullydefending their land.

[3] In May 2016 the court ruled that he had no jurisdiction over the case sincethe alleged offence was committed in Esu (Menchum judicial division), which isalso where the defendants reside and were arrested. According to criminal lawin Cameroon, jurisdiction is based on the location of the alleged offenceand/or arrest. The court overturned its own rulling in October 2016.

[4] HRH Kum Achuo II is the heirchief of the Esu village. He is a traditional authority and any land titleapplication needs to be signed by him and two other notables.

[5] See article in Cameroon Postline, Esu Does Not Want To Evict Danpulo– Barrister Robert Fon, January 19, 2016: http://www.cameroonpostline.com/esu-does-not-want-to-evict-danpullo-barrister-robert-fon/

[6] Members of the Mbororo Socialand Cultural Development Association (MBOSCUDA), an organisation defending therights of Mbororo pastoralists in North-Western Cameroon since 1992, have facedsimilar harassment over the past years after a complaint filed against them byMr. Baba Ahmadou Danpullo. See Observatory Urgent Appeal CMR 002/0613/OBS 049of July 7, 2013 and Observatory Annual Report 2014.

[7] Section 140 states: (1) thecompetent State Counsel shall be either: (a) That of the place of commission ofthe offence; or (b) that of the place of residence of the suspect; or (c) thatof the place of arrest of the suspect. (2) When more than one State Counsel areseized of the same matter, priority shall be given to the State Counsel inwhose jurisdiction the offence was committed.

[8] The remandswere issued on the same alleged grounds by the state counsel (procureur) ofBamenda on the day of the arrest of each of the five EYDA members. However, asthe remand warrant was withdrawn for the first defendant, there can be no basisto pursue the rest individually for the same alleged crime.