United Nations

International Covenant on
Civil and Political Rights

Distr.: General
19 December 2017
Original: French

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2764/2016*, **
Communication submitted by:

Cyrille Gervais Moutono Zogo

Alleged victims:

Achille Benoit Zogo Andela (father of the

State party:


Date of communication:

28 October 2014 (initial submission)

Document references:

Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 26 April 2016 (not issued in
document form)

Date of adoption of Views:

8 November 2017

Subject matter:

Criminal proceedings for misappropriation of
public funds; prolonged detention

Procedural issues:

Non-substantiation of claims; exhaustion of
domestic remedies; incompatibility with the
provisions of the Covenant

Substantive issues:

Right to an effective remedy; inhuman or
degrading treatment; arbitrary detention;
imprisonment for non-fulfilment of contractual
obligations; non-retroactivity of criminal law;
right to recognition as a person before the law;

Articles of the Covenant:

2 (3); 7; 9 (1), (3), (4) and (5); 11; 14 (1), (2), (3)
(c) and (5); 15 (1); 16; and 26

Articles of the Optional Protocol:

2, 3 and 5 (2) (b)

The author of the communication dated 28 October 2014 is Cyrille Gervais Moutono
Zogo, a national of Cameroon residing in France, who is submitting the communication on
behalf of his father, Achille Benoit Zogo Andela, a national of Cameroon, born in Yaoundé
* Adopted by the Committee at its 121st session (16 October–10 November 2017).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Olivier de Frouville, Christof Heyns, Yuji
Iwasawa, Ivana Jelić, Bamariam Koita, Marcia V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis,
Mauro Politi, José Manuel Santos Pais, Anja Seibert-Fohr, Yuval Shany and Margo Waterval.

GE.17-22814 (E)

290118 290118


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