CCPR/C/121/D/2764/2016
on 10 April 1956 and currently held in the central prison in Yaoundé. The author claims a
violation by Cameroon of his father’s rights under articles 2 (3); 7; 9 (1), (3), (4) and (5); 11;
14 (1), (2), (3) (c) and (5); 15 (1); 16; and 26 of the Covenant. The Optional Protocol
entered into force for the State party on 27 September 1984. The author is not represented.
The facts as submitted by the author
2.1
Mr. Zogo Andela is 59 years old. He has been held in Kondengui Central Prison in
Yaoundé since 29 March 2011, the date on which he was detained by the Criminal
Investigation Service.
2.2
The offence of which Mr. Zogo Andela is accused relates to the failure to fulfil a
contract between the Société camerounaise de leasing maritime (SCLM), of which he was
chairman and chief executive, and the Autonomous Sinking Fund of Cameroon. Mr. Zogo
Andela is accused of the fraudulent withholding of property belonging to the State of
Cameroon, following the misappropriation of 20 ships acquired by the State at a cost of 30
billion CFA francs. He was reportedly also charged with failure to pay the Treasury the
proceeds of the use of the above-mentioned trawlers, for whose management he was
responsible.
2.3
The case relates to a financing agreement under which Cameroon received a loan of
US$ 40 million from the Instituto de Crédito Oficial, of Spain, on 30 October 1996 for the
construction of 20 fishing boats by Spanish shipyards for the use of the Cameroonian
private sector. The same day, the Cameroonian Minister of Finance signed a reassignment
agreement with SCLM, represented by Mr. Zogo Andela. Under this lease-purchase
contract, the Government of Cameroon allowed SCLM the use of the shrimp trawlers to
which the agreement related against a lease payment until the charges relating to the funds
received from the Instituto de Crédito Oficial had been fully paid off, with lease payments
corresponding to the due dates of the debt. The period of payment provided for was 15
years, beginning 12 months after the date of delivery of the final boat, as regards Credit A,
and eight and a half years from the date of delivery of each boat for Credit B.
2.4
According to the author, the use of the boats was regularly disrupted by the
Cameroonian administration; the boats were boarded on numerous occasions without any
legal basis and applications for fishing licences and certificates of seaworthiness were
denied. This was detrimental to the efficient management of SCLM and prevented it from
paying the first three tranches of payments due, namely a sum of about 1.8 billion CFA
francs, including principal and interest. SCLM then suggested to its partner in the
agreement, the State of Cameroon, that the arrears of payments should be rescheduled. No
action was taken on this suggestion.
2.5
On 4 October 2002, the Government issued instructions to terminate the agreement,
to recover the arrears and to reclaim the vessels. Thus, beginning in March 2003, the
vessels were impounded and placed under the management of various officials and a
number of secret charter parties were indiscriminately signed, while not a single centime
was returned to the Cameroonian Treasury. A letter of termination written by the Head of
the Government on 23 June 2003 formalized the decision to dispossess SCLM of its vessels.
2.6
On 10 October 2008, the Autonomous Sinking Fund of Cameroon lodged a claim
against Mr. Zogo Andela for misappropriation of public funds and unlawful withholding of
property. On 29 March 2011, he was arrested at his home in Douala by the Criminal
Investigation Service and transferred to the headquarters of the Criminal Investigation
Service in Yaoundé.
2.7
On 30 March 2011, Mr. Zogo Andela was brought before the government procurator
at the Mfoundi high court in Yaoundé. The same day, he was charged by the examining
magistrate with the offence of misappropriation of public funds and unlawful withholding
of property and was remanded in custody. On 31 March 2011, the examining magistrate
ordered that all Mr. Zogo Andela’s bank accounts and those of all his companies should be
frozen. On 14 November 2011, pursuant to a rogatory commission, his house was searched
and his property seized.
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GE.17-22814