Arbitrary detention of five members of the Esu Youth Development Association (EYDA)

Judicialharassment / Arbitrary detention

Cameroon

July 8, 2016

The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federation forHuman Rights (FIDH) and the World Organisation Against Torture (OMCT), requestsyour urgent intervention in the following situation in Cameroon.

Description of the situation:

The Observatoryhas been informed by reliable sources about the continuing arbitrary detentionof Messrs. Redemption Godlove, Kpwe Philip Abue, Biame Divine,Azong Cyprian and Fuh Bernard, members of the Esu Youth DevelopmentAssociation (EYDA)[1], at the BamendaCentral Prison. The five are community leaders opposing land-grabbingundertaken on the land of the Esu community (North-West Cameroon) by Mr. Baba Ahmadou Danpullo, a billionairebusinessman, cattle rancher, tea plantation owner and a member of the CentralCommittee of the ruling Cameroon People’s Democratic Movement (CPDM) party[2].

According to theinformation received, on April 22, 2016 at 2 a.m, Mr. Redemption Godlove wasarrested without a warrant at his home in Esu[3] by six plain-clothesgendarmes, and taken to the gendarmerie legion in Bamenda forinterrogation on trumped-up accusations of “arson” and “vandalism”[4]. He wassubsequently transferred to Bamenda Central Prison. On May 9, 2016, Mr. BiameDivine, Mr. Azong Cyprian and Mr. Fuh Bernard were summoned at the gendarmerielegion of Bamenda, and then taken to Bamenda Central Prison under the sameaccusations of “arson” and “vandalism”. On May 25, 2016, Mr. Kpwe Philip Abuewas in turn arrested at a routine identity card checkpoint, and placed indetention at Bamenda Central Prison on the same grounds.

On May 31, 2016,the Chambers of the Examining Magistrate of the High Court of Mezam DivisionHolden at Bamenda ruled on a Preliminary Objection filed by Barrister FonRobert, on behalf of the five above-mentioned defendants as well as of fourother EYDA members who are prosecuted in the same case but were not arrested,namely Mr. Kagha Mbong Ephraim, Mr. Wung Emmanuel, Mr. Meh Ivoand Mr. Meh Williams. Examining Magistrate Justice Francis Ndip Obenrelied upon Section 140 of the Criminal Procedure Code[5]to decline jurisdiction, and withdrew the remand warrant against Mr. RedemptionGodlove, thereby cancelling those upon which the other four were detained[6], andeffectively ordering their release.

In spite of this court decision, the Bamenda CentralPrison authorities have kept the five human rights defenders in detention,under the above-mentioned accusations. The charges relate to a complaint filed in May 2016 byMr. Baba Ahmadou Danpullo against the nine above-mentioned community leadersand the Fon (traditional ruler) of Esu, HRHKum Achuo II, for alleged burning down of huts belonging to the workers ofhis “ELBA ranch”[7].However, it is reported that around 50 gendarmes are stationed in the areasince March 11, 2016[8], thereby making it impossible that the Esu activistsmay have gone around the area and burnt down huts.

The next hearing of Mr. Kpwe Philip Abue isscheduled for July 12, 2016 before the High Court of Mezam in Bamenda[9].

TheObservatory condemns the arbitrarydetention and judicial harassment of the above-mentioned land rights defenders,which only aim at sanctioning their legitimate peaceful human rights activities opposingland-grabbing.

Accordingly, theObservatory calls upon the Cameroon authorities to release immediately andunconditionally Messrs. Redemption Godlove, Kpwe Philip Abue, Biame Divine,Azong Cyprian and Fuh Bernard, and to put an endto the ongoing harassment, including at judicial level, against the above-mentioned community leaders.

Backgroundinformation:

In 2015, Mr. Baba Ahmadou Danpullo attempted toestablish a land certificate on the Esu land. The Esu community leaderssubsequently filed a case requesting Mr. Danpullo to prove the land ownership.Instead of providing this proof, Mr. Danpullo filed a case based on trumped-upcharges of defamation against Barrister Robert Fon, the Esu community lawyer,claiming 100 million FCFA, alleging that he had paid the Governor of theNorth-West and other officials 50 million FCFA 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[10].

The Observatoryrecalls that this wave of arbitrary arrests and detentions is part of a largerpolicy, which started 30 years ago when Mr. Danpullo grabbed nearly half of theEsu village, and failed to respond to dialogue attempts undertaken by thevillagers through their traditional leaders. Such operations turned into amassive harassment on the local population and youth leaders of the Esucommunity, who had always been peacefully challenging the decisions.

Actions requested:

Please write to the authorities ofCameroon and ask them to:

i. Guarantee in all circumstances the physical andpsychological integrity of Mr. Redemption Godlove, Kpwe Philip Abue, Biame Divine, Azong Cyprianand Fuh Bernard;

ii. Put an end to all acts of harassment - includingat the administrative and judicial level - against them as well as against theEsu community and all human rights defenders in Cameroon;

iii. Conform in any circumstances with the provisionsof the United Nations Declaration on Human Rights Defenders, adopted onDecember 9, 1998 by the UN General Assembly, in particular its Articles 1 and12.2;

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordance with international humanrights instruments ratified by Cameroon.

Addresses:

· Mr. Paul Biya, President of theRepublic of Cameroon, Fax +237 22 22 08 70

· Mr. Philémon Yang, Prime Ministerand Chief of Government of Cameroon, Fax: +237 22 23 57 35. Email:spm@spm.gov.cm

· Mr. Laurent Esso, Minister ofJustice of Cameroon, Fax: + 237 22 23 00 05

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

· Dr. Chemuta Divine Banda, Presidentof the National Commission on Human Rights and Freedoms, Fax: +237 22 22 60 82,E-mail: cndhl@iccnet.cm / cdbanda26@yahoo.fr

· Ms. Enonchong Annet, ProtectionOfficer of the National Commission on Human Rights and Freedoms of Cameroon,E-mail: annet_mbeng@yahoo.com

· H.E. Mr. AnatoleFabien Nkou, Ambassador, Permanent Mission of the Republic ofCameroon to the United Nations Office in Geneva, Switzerland. Fax: + 41 22 73621 65, Email: mission.cameroun@bluewin.ch

· H.E. Mr. DanielEvina Abe'e, Ambassador,Embassy of the Republic of Cameroon in Brussels, Belgium, Fax: + 32 2 344 5735; E-mail: ambassade.cameroun@skynet.be

Please also write to diplomaticrepresentations of Cameroon in your respective countries.

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

[2] In 1986, Mr. Baba Ahmadou Danpullo established twocattle ranches in the Boyo and Menchum divisions of the North-West Region. Heallegedly forced farming communities from their lands without compensation,which made him the largest single private landowner in the region. Since then,the landowner, who is said to have close links with the authorities, has beeninvolved in land disputes with people peacefully defending their land.

[3] Esu is a village in theMenchum Division of the North West Region in Cameroon.

[4] “Arson” and “vandalism”are punished under Article227 of the Cameroon Penal Code. Besides, Article 316 and 317 sanction acts of“destruction”, while Article 236 provides sanctions for acts of “lootingcommitted by an organised group”.

[5] Section 140 states : (1) the competent StateCounsel shall be either: (a) That of the place of commission of the offence; or(b) that of the place of residence of the suspect; or (c) that of the place ofarrest of the suspect. (2) When more than one State Counsel are seized of thesame matter, priority shall be given to the State Counsel in whose jurisdictionthe offence was committed.

[6] The remands were issued onthe same alleged grounds by the State Counsel (Procureur) of Bamenda on the day of the arrest of each of the fiveEYDA members. However, as the remand warrant was withdrawn for the firstdefendant, there can be no basis to pursue the rest individually for the samealleged crime.

[7] On January 18, 2016, farmhouses belonging to Esupeople were reportedly burnt down by workers of the ELBA Ranch, belonging toMr. Baba Ahmadou Danpullo.

[8] Mr. Danpullo has requestedgendarmerie protection to stop Esu people from farming in parts of the land heis claiming. The gendarmes are located between the access road to the ranch andEsu village. As there is a river in between, no one can go to the ranch withoutbeing seen or stopped by the gendarmes.

[9] Each defender is due toappear individually. Besides, the Fon ofEsu was summoned on May 24, 2016 by Colonel Guy Beyegue, Commander of thegendarmerie legion for the North-West Region, and threatened of destitution asa reprisal for his refusal to support the illegal takeover of his village byMr. Danpullo.

[10] Members of the MbororoSocial and Cultural Development Association (MBOSCUDA), an organisationdefending the rights of Mbororo pastoralists in North-Western Cameroon since1992, have faced similar harassment over the past years after a complaint filedagainst them by Mr. Baba Ahmadou Danpullo. See Observatory Urgent Appeal CMR 002/0613/OBS 049 of July 7, 2013 andObservatory Annual Report 2014.