The United Nations through one of its agencies the UN Working Group on Arbitrary Detention (WGAD) has made a major ruling. Marafa Hamidou Yaya is widely considered as a political prisoner. The agency has ruled that the Republic of Cameroon’s imprisonment of political prisoner, Marafa Hamidou Yaya, constitutes arbitrary detention in violation of international law and it is unlawful. The announcement was made at the group’s 75th session in the United Nations Headquarters in New York from April 18-27.
The group’s findings were disclosed first to the Government of Cameroon (GOC) two weeks before communicating them to Marafa’s lawyer on Monday, June 27, 2016. The decision comes on the heels of the recent judgment handed down by Cameroon’s highest court reducing Marafa’s prison sentence from 25 to 20 years for his role in the abortive purchase of a presidential aircraft for President Biya’s travels.
It should be recalled that Marafa Hamidou Yaya’s attorney, Professor Ndiva Kofele Kale, had on June 2015 in front of the UN agency defended Marafa’s claims. However, because of the large amount of documents, it took the WGAD between November 2015 and April 2016 to deliberate on the Marafa petition before finally issuing its opinion in June 2016
The United Nations body has therefore demanded that Mr. Marafa be released immediately and be awarded compensation by the Government of Cameroon for the harm caused by being deprived of his liberty. The Working Group established that Marafa Hamidou yaya detention violates Articles 9 and 10 of the Universal Declaration of Human Rights as well as Articles 9 and 14 of the International Covenant on Civil and Political Rights. It also urged President Biya’s government to take diligent steps to address Marafa’s failing health which is worsening to the point of becoming irreversible. It then referred the decision to Monica Pinto, the Special Rapporteur of the Human Rights Council on the Independence of Judges and Lawyers, for appropriate action.
Asked to comment on the decision, Professor Kale had this to say:
“The decision of the Working Group vindicates my client and confirms what he has always said that he is innocent of all the charges leveled against him. But before professional talking heads spin this momentous decision out of control, let me make note of the following three points. First, unlike the Thierry Atangana and Lydienne Eyoum cases where the Cameroon Government did not bother to file any pleadings, in this case, the Government not only filed but even requested a 60-day extension to prepare its reply to my preliminary submission. Both the Government’s and the complainant’s submissions were backed by supporting documents. As a matter of fact, these documents were so voluminous that they contributed in prolonging the deliberations of the Working Group. The point here is that this is not a default judgment but the reasoned outcome of a contested dispute where both parties were allowed to lay out their case. And the six distinguished jurists who comprise the Working Group had before them the same set of documents as the prosecutors who indicted Marafa; the judges of the Mfoundi High Court who declared him guilty and the venerable justices of our Supreme Court who confirmed the judgment of the lower court. Yet after reviewing the same evidence, the panel of jurists on the Working Group came to the opposite conclusion!
How did our jurists get it wrong? Perhaps it is the search for an answer to this question that the Working Group decided to refer their decision to the U.N. Special Rapporteur on the Independence of Judges for further probing. In any event, it does not speak well of Cameroon’s judiciary as this referral now puts in doubt its vaunted claims of independence and impartiality.
My second observation is that in as much as Cameroon is a State party to the International Covenant on Civil and Political Rights, she is legally bound by this decision and cannot refuse to execute it. Finally, it remains my hope that President Biya will do the right thing and instruct his Government to abide by the UN ruling against it and take the steps that are necessary to bring Mr. Marafa Hamidou Yaya’s arbitrary and unjust detention to an end. At issue here is Cameroon’s willingness to respect the Rule of Law not only in theory but in actual practice as well. It must demonstrate evidence of that willingness by resisting the temptation of aligning itself with those rogue states that flout the decisions of international tribunals and by so doing become complicit in weakening the global/international community’s efforts to protect some of the most vulnerable victims of human rights violations!” His lawyer concluded.
BaretaNews thinks that this is a very big move for Marafa Hamidou Yaya. Will the government of Paul Biya bulge? 2018 might be an interesting year. Can the government of Paul Biya reject this major announcement from the UN body? Would the government be obliged to bow to its international duty by respecting all international conventions and treaties? If it does so happen, then we should be seeing Marafa out sooner than later.
God is still saying something
Source: www.prlog.org
3 comments
Kodus to the legendary prof. Kalle for going above and beyond to rosolve this issue. It is no secret that Minister Marafa remains one of president Biya’s former aid and strong associate who conived in creating the mess we enjoy today in Cameroon. That said and done, on a legal context and on a human right perspective, without no denial Mr Marafa just like any other accused person deserved a fair hearing. And Mr Biya and the Mfoundi court may have had a very good lucrative case against minister Marafa, but since the former thought they are above the law, Marafa was giving an arbitrary hearing by the Mfoundi high court. This there for left a lot of observers to raise eyes brows for the raison d’etre behind his arrest and others.
Today’s decision should be a strong signal to the judiciary of cameroon that everyone no matter guilty they may be deemed deserves a fair trial.
Also, it’s a slap on the face of Mr Biya that even himself is not above the law. And the day of wrestling his own very circle of people is even closer.
To CONAC, it’s high time you stop going after political opponents, investigate the activities of the real embezzling body in cameroon- Chantal Biya’s Foundation. How much Lebanese and Chinese business men donated to the foundation so as to practice the bad and worst employer-employee contracts relationship we sees in cameroon.
I know a lot of commentators in this forum question why only the UN court intend to free only Minister Marafa. Here is the deal, each of these “kondengui oligarchs” have different attorneys to represents their cases. Also, most have different charges from the Mfoundi court. And Marafa case could easily be channel to a UN court because prof. KALLE who represented Marafa’s interest is an international jury who understands the principles of human rights and criminal trials than any presiding Judge in any cameroon court. Besides, he remains a strong advocate and member of the international anti-corruption body. It is left for the defending lawyers of others like Pm Inoni, minister Mebara etc to Chanel their cases to international courts. The court can’t come for their rescue, it’s upto them to prove their burden of innocent in these courts.
The million dollar question we should be asking at this point if Marafa is finally release is what will the 2018 presidential race looks like especially if he regains his health. And been labeled a political prisoner, that means he still deserves a 2nd chance to run for a political office and even seeks the highest office of the land.
Can he galvanized the support of Cameroonians and presents himself as an outsider who understands how government works and cast himself as a candidate for the people? OR was his imprisonment one of president Biya’s orchastrated manipulating schemes to dribbled Cameroonians as usual so as to return power to a Northerner whom shares strong ties with him and in return Marafa will respect the presidential immunity to grant Mr Biya pardon for all the wrongs he committed against this beloved nation.
Truth be told, Cameroonians are the best human species with higher IQ level and memory, so I doubt if Minister Marafa can cast himself as the next “Mandela” to save Cameroon without us remembering him as the “con man” who was responsible of rigging two major political elections in cameroon that could have change the history of cameroon today. His arbitrary degrees as ministers of territorial administration and decentralization saw the arbitrary imprisonment of many of our fine young men and political opponents whom some died under mysterious circumstances due to deteriorating prison conditions.
Yes, cameroonians are not just logging for new leadership. But they are looking for an energetic visionary young man or woman who is ready to fold up the sleeves of the shirt and goes to work. Whose heart will beat for the nation and will rally and unite the whole nation to get to work.And after 5 years can proudly says our journey is not yet completed as a nation until every child in this God given rich country can enjoy Internet services and laptop in his/her home and classroom. That every child deserves good medical services. That every mother selling in the market deserves a shade and not stand under the sun. That she don’t need to give her products on a give away prices because she is scared of having them perish. That every father working in the farms deserves a tractor and machinery to ease his labor. That every industrial and construction worker deserves a health insurance. That taxi drivers and bus drivers deserves to be treated with respect by our forces of law and order from the job they do. That, our citizens do not only have the right for good roads, but it’s a merit for all all, not only for those communities that voted for you. That it is the fundamental right for every youth to earn a descent job after graduating from university. That our men and women in uniforms should be treated with respects and given their full benefits and free medical services after they honorably serves this nation and retired or honorably discharged. You can add the list as it goes on. Cameroonians feels betray by their government at this point, as the rich getting richer and the poor getting poorer. The laws favors the rich and predates on the poor. We are not looking for “Old wine to fill in new bottles” even though we are thirsty of new leadership.
To coin it all. We are looking for someone who undestands the basic functions of government.
Kodus to the legendary prof. Kalle for going above and beyond to rosolve this issue. It is no secret that Minister Marafa remains one of president Biya’s former aid and strong associate who conived in creating the mess we enjoy today in Cameroon. That said and done, on a legal context and on a human right perspective, without no denial Mr Marafa just like any other accused person deserved a fair hearing. And Mr Biya and the Mfoundi court may have had a very good lucrative case against minister Marafa, but since the former thought they are above the law, Marafa was giving an arbitrary hearing by the Mfoundi high court. This there for left a lot of observers to raise eyes brows for the raison d’etre behind his arrest and others.
Today’s decision should be a strong signal to the judiciary of cameroon that everyone no matter guilty they may be deemed deserves a fair trial.
Also, it’s a slap on the face of Mr Biya that even himself is not above the law. And the day of wrestling his own very circle of people is even closer.
To CONAC, it’s high time you stop going after political opponents, investigate the activities of the real embezzling body in cameroon- Chantal Biya’s Foundation. How much Lebanese and Chinese business men donated to the foundation so as to practice the bad and worst employer-employee contracts relationship we sees in cameroon.
I know a lot of commentators in this forum question why only the UN court intend to free only Minister Marafa. Here is the deal, each of these “kondengui oligarchs” have different attorneys to represents their cases. Also, most have different charges from the Mfoundi court. And Marafa case could easily be channel to a UN court because prof. KALLE who represented Marafa’s interest is an international jury who understands the principles of human rights and criminal trials than any presiding Judge in any cameroon court. Besides, he remains a strong advocate and member of the international anti-corruption body. It is left for the defending lawyers of others like Pm Inoni, minister Mebara etc to Chanel their cases to international courts. The court can’t come for their rescue, it’s upto them to prove their burden of innocent in these courts.
The million dollar question we should be asking at this point if Marafa is finally release is what will the 2018 presidential race looks like especially if he regains his health. And been labeled a political prisoner, that means he still deserves a 2nd chance to run for a political office and even seeks the highest office of the land.
Can he galvanized the support of Cameroonians and presents himself as an outsider who understands how government works and cast himself as a candidate for the people? OR was his imprisonment one of president Biya’s orchastrated manipulating schemes to dribbled Cameroonians as usual so as to return power to a Northerner whom shares strong ties with him and in return Marafa will respect the presidential immunity to grant Mr Biya pardon for all the wrongs he committed against this beloved nation.
Truth be told, Cameroonians are the best human species with higher IQ level and memory, so I doubt if Minister Marafa can cast himself as the next “Mandela” to save Cameroon without us remembering him as the “con man” who was responsible of rigging two major political elections in cameroon that could have change the history of cameroon today. His unlawful and undemocratic decrees as ministers of territorial administration and decentralization saw the arbitrary imprisonment of many of our fine young men and political opponents whom some died under mysterious circumstances due to deteriorating prison conditions.
Yes, cameroonians are not just logging for new leadership. But they are looking for an energetic visionary young man or woman who is ready to fold up the sleeves of the shirt and goes to work. Whose heart will beat for the nation and will rally and unite the whole nation to get to work.And after 5 years can proudly says our journey is not yet completed as a nation until every child in this God given rich country can enjoy Internet services and laptop in his/her home and classroom. That every child deserves good medical services. That every mother selling in the market deserves a shade and not stand under the sun. That she don’t need to give her products on a give away prices because she is scared of having them perish. That every father working in the farms deserves a tractor and machinery to ease his labor. That every industrial and construction worker deserves a health insurance. That taxi drivers and bus drivers deserves to be treated with respect by our forces of law and order from the job they do. That, our citizens do not only have the right for good roads, portable water, electricity and descent housing but it’s a merit for all. And not only for those communities that voted for you. That it is the fundamental right for every youth to earn a descent job after graduating from university. That our men and women in uniforms should be treated with respects and given their full benefits and free medical services after they honorably serves this nation and retired or honorably discharged. You can add the list as it goes on. Cameroonians feels betray by their government at this point, as the rich getting richer and the poor getting poorer. The laws favors the rich and predates on the poor. We are not looking for “Old wine to fill in new bottles” even though we are thirsty of new leadership.
To coin it all. We are looking for someone who undestands the basic functions of government.
biya is the worst animal in the Cameroonian Zoo let him die and rust fast so that we get freedom not leaving the so call marafa what was he thinking when he turned things in favour if biya the animal let them die like insects