Arrest and arbitrary detention of five members of the association Avenir Jeune de l’Ouest (AJO)

CMR 002 / 0418 / OBS 054

Arrest /

Arbitrary detention /

Judicial harassment

Cameroon

25 April 2018

The Observatory for the Protection of Human Rights Defenders, apartnership of the World Organisation Against Torture (OMCT) and FIDH, requestsyour urgent intervention in the following situation in Cameroon.

Description of the situation:

The Observatory has been informed by reliable sources of the arrest andarbitrary detention of five members of the associationAvenir Jeune de l’Ouest (AJO), whichpromotes the rights of LGBTIQ persons with HIV and sex workers in western Cameroon.

According to the information received, on April 20, 2018, atapproximately 7pm, the executive director of AJO, the warden and a care workerwere arrested by men in civilian clothing who were members of the territorialpolice as they were leaving the AJO premises. On the morning of 21 April 2018, twoother care workers from AJO were arrested at their respective places ofresidence. No arrest warrant was produced during these arrests. The fivemembers of AJO were taken to Dschang central police station where they arestill detained in a single cell with neither sanitary facilities nor beds. Despitetheir serious medical conditions, the prisoners have not been seen by a doctor.

On April 23 and 24, 2018, the five members of AJO were questioned by theDschang territorial security officers who informed them of charges of “homosexuality”brought against them under article 347-1 of the Cameroon Penal Code. They arefacing up to five years in prison and a fine of 200,000 CFA Francs (around 300 Euros).Those accused of homosexuality Cameroon are regularly subjected to an analexamination which is a form of cruel, degrading and inhuman treatment which canbe tantamount to torture. During their interrogation, the police officers toldthe members of AJO that they had been “on their trail for some time”.

The five members of AJO did not have access to their lawyers until 24 April2018. In addition, the territorial security officers made false statements totheir lawyers, claiming that the AJO members had only been in custody since 22 April2018.

The Observatory recalls that in September 2017, the members of AJO receivedthreats from unidentified individuals who had daubed insults on the walls ofthe AJO offices. During the same period, the executive director of AJO hadreceived death threats over the telephone from an anonymous caller. Following these threats, a complaint was filedagainst unknown persons; the police authorities failed to follow up the matter.

The Observatory strongly condemnsthe judicial harassment and arbitrary detention of the five members of AJO, whoseem to have been targeted and punished for their peaceful and legitimateactivities in defence of human rights and of the rights of LGBTIQ persons specifically,against a backdrop of intense discrimination and criminalisation of suchpersons. The Observatory is particularly concerned as threats and attacksagainst the physical integrity of LGBTIQ rights defenders in Cameroon have inrecent years reached alarming proportions in a climate of almost completeimpunity[1].

The Observatory calls on the Cameroonian authorities to guarantee thephysical and psychological integrity of the five members of AJO under allcircumstances, to ensure their immediate and unconditional release and toguarantee that their right to a fair trial for all of the charges made againstthem is respected.

Actions requested:

Please write to the Cameroonian authorities andask them to:

i. Guaranteethe physical and psychological integrity of the five members of AJO and of all human rights defenders in Cameroon under all circumstances;

ii. Proceed to the immediateand unconditional release of the five members of AJO and all human rights defenders detained in Cameroon;

iii. End all forms ofharassment, including judicial harassment, against the five members of AJO and all human rights defendersin Cameroon;

iv. Ensure that all judicial proceedings broughtagainst the five members of AJO are conductedin accordance with the right to a fair trial;

v. Conformwith the provisions of the Declaration on human rights defenders, adopted bythe General Assembly of the United Nations on 9 December 1998, and specifically articles 1,5 (b) and 12.2;

vi. Conformwith the provisions of the Universal declaration of human rights and theregional and international human rights instruments ratified by Cameroon.

Addresses:

 Mr Paul Biya, President of theRepublic, Presidency of the Republic, Palais de l’Unité, 1 000 Yaoundé Cameroon,Fax (+ 237) 222 22 08 70

 Mr Philémon Yang, Prime Minister, Tel.:(+237) 222 23 92 54 / 222 23 57 60, Fax: (+237) 222 23 57 65, Email: spm@spm.gov.cm

 Mr Laurent Esso, Minister of State,Minister of Justice, Keeper of the Seals, Tel.: (+ 237) 22 23 00 05

 Mr Joseph Beti Assomo, MinisterDelegate at the Presidency of the Republic, in charge of defence, Tel.: (+ 237)222 22 15 24; Fax (+ 237) 222 23 59 71

 Dr Chemuta Divine Banda, Chairpersonof the National Commission on Human Rights and Freedoms of Cameroon (NCHRF):(+237)677 70 91 84/ 222 22 61 17, E-mail: cndhl@iccnet.cm / cdbanda26@yahoo.fr

 H.E. Mr. Anatole Fabien MarieNkou, Ambassador, Permanent Mission of the Republic of Cameroon in Genève,Avenue de France 23, 1202 Genève, Suisse. Fax:+ 41 22 736 21 65, Email: mission.Cameroon@bluewin.ch

 H.E. Mr Daniel Evina Abe’e,Ambassador of Cameroon to Belgium and the European Union, 131 av. Brugmann,1190 (Forest), Belgium, Fax: + 32 2 344 57 35; Email: ambassade.Cameroon@skynet.be; embassy@cameroon.be

Please also write to the diplomaticmissions of Cameroon in your respectivecountries.

***

Geneva – Paris, 25 April 2018

Kindly inform the Observatory of any action taken quoting the appeal code in your reply.

The Observatory for the Protection of Human Rights Defenders (theObservatory) was created in 1997 by the World Organisation Against Torture(OMCT) and FIDH. The objective of this programme is to prevent or remedysituations of repression against human rights defenders. OMCT and FIDH are bothmembers of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29

· Tel and fax FIDH: 33 1 43 55 25 18 / 33 1 43 55 18 80

[1] See the report by the Observatory entitled “Cameroon:Defenders of the Rights of LGBTI persons face homophobia and violence" publishedon 25 February 2015. @font-face { font-family: "Arial";}@font-face { font-family: "Cambria Math";}@font-face { font-family: "Tahoma";}@font-face { font-family: "DejaVu Sans";}p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFootnoteText, li.MsoFootnoteText, div.MsoFootnoteText { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoHeader, li.MsoHeader, div.MsoHeader { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFooter, li.MsoFooter, div.MsoFooter { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }span.MsoFootnoteReference { vertical-align: super; }p.MsoBodyText, li.MsoBodyText, div.MsoBodyText { margin: 0cm 0cm 6pt; font-size: 10pt; font-family: "Times New Roman"; }a:visited, span.MsoHyperlinkFollowed { color: purple; text-decoration: underline; }span.apple-converted-space { }span.CorpsdetexteCar { font-family: Tahoma; }span.NotedebasdepageCar { }span.PieddepageCar { }span.En-tteCar { }.MsoChpDefault { font-size: 10pt; }div.WordSection1 { }ol { margin-bottom: 0cm; }ul { margin-bottom: 0cm; }