CCPR/C/ 91/D/1186/2003
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transferred to Bafoussam military prison. In Bafoussam, physical ill-treatment stopped but Mr.
Titiahonjo continued to suffer moral and psychological torture. Captain Togolo told him that he
would never see the twins for he was going to be killed. He also had to provide for himself and
live on his own supplies.
2.6 In Bafoussam prison, meningitis, cholera and cerebral malaria claimed the lives of 15
inmates between 10 September and 15 September 2000. The cells were unventilated and were
infested with bed bugs and mosquitoes.
2.7 In the morning of 14 September 2000 Mr. Titiahonjo complained of a stomach ache and
asked for medication. However, the prison nurse could not enter his cell as no guard on duty had
a key to the cell. Mr. Titiahonjo continued to call for help throughout the day, but when his cell
was finally opened at 9pm the same day, he was already dead. His remains were taken to the
mortuary and he was buried in his home town, but no post mortem was allowed by the police
officers who supervised his detention. The family requested an autopsy of the body but instead,
the coffin was sealed and the request was denied; no one was permitted to see the body.
The complaint
3.1 The author alleges a violation of article 2, paragraphs 3(a) and (b), of the Covenant, read
together with articles 6 and 7 on the grounds that Cameroon does not provide any remedy for
acts such as torture and subsequent death, as in the case of her husband.
3.2 She alleges a violation of article 6 of the Covenant, as her husband was arbitrarily deprived
of his life while in custody.
3.3 She alleges a violation of article 7 of the Covenant on account of the treatment she and her
husband were subjected to between 19 May and 14 September 2000, and during her husband’s
detention in the Gendarmerie cell and at Bafoussam military prison.
3.4 The author alleges a violation of article 9 paragraphs 1, 2, 3, and 4, as her husband was
never served with an arrest warrant. Charges were never brought against him, and he was never
tried. In addition, Captain Togolo disregarded the release order issued by the prosecutor.
3.5 The author alleges a violation of article 19 in that Captain Togolo maintained that Mr.
Titiahonjo belonged to the SCNC, an allegedly “secessionist organization.” There is no law that
prohibits membership in the SCNC and for this same reason the author also alleges violations of
articles 22 and 27, as the SCNC is a linguistic minority in the State party and suffers persecution
on that account.
3.6 The author claims that because her husband’s detention involved the Executive and the
military, she could not sue or take action domestically, as required under article 5, paragraph 2
(b), of the Optional Protocol. To file a civil suit, she would have had to pay costs in addition to
the 5 percent deposit of the award claimed in a civil suit.