September 8, 2008
The Chairman
National Commission Human Rights and Freedoms
Yaounde , CameroonSir,
Kumba Prison Superintendent disregards Court Order To Release Accused Persons
I am writing to draw your kind attention to the continuous illegal detention by the Kumba prisons superintendent of some persons from Mbonge Marumba released by a high court ruling of September 2, 2008 .
The three are Sakwe Emmanuel Ebako, Sakwe Godwin Sakwe, and Nganda Westeman Nembe, and they were arrested and detained in the prisons on August 11, 2008 .
Following an application by Barrister Malle Adolf Nganya, His Lordship Justice Mepha Julius Fondzi, on August 19, ordered the Kumba Prison Superintendent, Thierry Joel Fopa, to produce the aforementioned persons in his custody before the court. The superintendent failed to produce the detained persons on that date and on subsequent adjournments.
On September 2, 2008 , Justice Mepha, after listening to the submissions of the Legal Department and that of Barrister Malle ordered for the “immediate release” of the three persons. The ruling was served on the Prisons Superintendent by a bailiff. Mr. Thierry Joel Fopa, however continues to hold the persons in his custody and maintains that the Prefectoral Order of the SDO for Meme can not be challenged by a Kumba High Court.
Meanwhile, Three other persons, Mulango Desmond Nangana, Joseph Sakwe and Menda Obase (all of the same village) arrested under the same prefectoral order are languishing in the prisons' awaiting trial, their fate still unknown.
Sir, we fear that the action of the Superintendent constitute a gross violation of human rights and abuse of the rule of law. Conditions in the Kumba Prisons awaiting trial section are now very deplorable, as inmates are forced to sleep on bare cement floors; all their bedding have been taken away after a last month strike that have taken away at least three lives so far.
We have reliable information that many inmates in the awaiting trial are seriously sick from torture the suffered at the hands of warders, soldiers and gendarmes during an August 18 strike. The inmates report to us that they have been subjected to regular torture to intimidate them while some others have been chained permanently.
Sir, we pray you to take immediate and the most urgent action, and to visit the Kumba Prisons to see for your self the condition of inmates in the awaiting trial section. Surely your independent and unannounced visit to this prison facility will give you a clear picture of the horrors of the place.
Thanks for any action that you will take, and be assured of our assistance at any time.
Sincerely yours in Humanity
SAMBA CHIFU CHURCHILL
Chief Executive Officer
Global Conscience Initiative.
Cc. for information and action:
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The Southwest Regional Secretary, National Commission on Human Rights and Freedoms, Buea
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The UN Working Group on Arbitrary Detention
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The Minister of Justice, Yaounde , Cameroon
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The world Justice Project – American Bar Association