ICCPR Case Digest

CCPR/C/121/D/2764/2016

Communication

2764/2016

Submission: 2014.10.28

View Adopted: 2017.11.08

Achille Benoit Zogo Andela v. Cameroon

Substantive Issues
  • Arbitrary detention
  • Effective remedy
  • Non-discrimination
  • Recognition as a person before the law
  • Retroactivity of the law
  • Torture / ill-treatment
Relevant Articles
  • Article 11
  • Article 14
  • Article 14.1
  • Article 14.2
  • Article 14.3 (c)
  • Article 14.5
  • Article 15.1
  • Article 16
  • Article 26
  • Article 7
  • Article 9.1
  • Article 9.3
  • Article 9.4
  • Article 9.5
Full Text

Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose a violation by the State party of article 9 (1), (2), (3) and (4) and of article 14 (3) (c) of the Covenant in the case of Mr. Zogo Andela.

Recommendations

The State party is required, inter alia, to:

  • immediately release Mr. Zogo Andela pending his trial;
  • bring Mr. Zogo Andela to trial without delay
  • provide Mr. Zogo Andela with appropriate compensation for the violations that he has suffered;

The State party also has an obligation to take measures to ensure that similar violations do not occur in the future.

Implementation

Deadline: 8 May 2017

Committee's assessment 134th session (CCPR/C/134/4): 

  • (a) Immediate release, pending trial: E
  • (b) Trial without delay: E
  • (c) Compensation: D
  • (d) Non-repetition: D

Committee’s decision: Follow-up dialogue ongoing. The Committee will also continue the follow-up dialogue with the State party in the framework of the State party’s periodic reporting to the Committee on the measures adopted to give effect to the rights recognized in the Covenant.

Committee's assessment 125th session (CCPR/C/125/3):

  • (a) Release, pending trial: D
  • (b) Trial without delay: D
  • (c) Appropriate compensation: D
  • (d) Non-repetition: D

Committee’s decision: Follow-up dialogue ongoing, pending receipt of the State party’s observations.

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