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Louis v Cameroon (Communication 59 of 1991) [1991] ACHPR 7 (1 January 1991)
- Citation
- [1991] ACHPR 7
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Public International Law / Decision
- Case number
- Communication 59 of 1991
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Public International Law / Decision
- Case number
- Communication 59 of 1991
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission determined that the applicant had been denied due process, in violation of Article 7 of the African Charter on Human and Peoples' Rights. The Commission found that the applicant had indeed suffered damages as a result of this violation. However, the Commission was unable to determine the quantum of damages and therefore recommended that the amount be determined in accordance with the law of Cameroon. The essential legal principle is that denial of due process constitutes a violation of the Charter, and damages are owed to the victim, but the assessment of quantum is a matter for domestic law.
Court disposition
Complaint upheld in part; violation of due process found; damages to be determined under Cameroonian law.
Orders
- The Commission finds that the applicant was denied due process contrary to Article 7 of the African Charter.
- The Commission finds that the applicant suffered damages.
- The Commission recommends that the quantum of damages be determined under the law of Cameroon.
02
Material facts
Parties
Embga Mekongo Louis
ApplicantRepublic of Cameroon
RespondentAmounts and remedies
- Damages Claimed by Applicant: USD 105,000,000
03
Procedural history
Posture
Public International Law / Decision
04
Questions and positions
Legal issues
- 01
Whether the applicant was denied due process as protected under Article 7 of the African Charter on Human and Peoples' Rights.
- 02
Whether the applicant suffered damages as a result of the alleged violations.
- 03
Whether the Commission can determine the quantum of damages or should defer to Cameroonian law.
Party arguments
- Applicant
- The applicant alleges that he was falsely imprisoned, suffered a miscarriage of justice, and incurred damages for which he claims $105 million. He contends that his rights under the African Charter, specifically the right to due process, were violated by the Cameroonian authorities.
- Respondent
- The respondent's arguments are not detailed in the decision text. However, the Commission considered the applicant's claims and found in his favor regarding the denial of due process.
05
Court’s reasoning
Legal principles
- 01
Article 7, African Charter on Human and Peoples' Rights
Right to due process of law as protected under Article 7 of the African Charter on Human and Peoples' Rights.
06
Ratio, limits and disposition
Ratio decidendi
The Commission determined that the applicant had been denied due process, in violation of Article 7 of the African Charter on Human and Peoples' Rights. The Commission found that the applicant had indeed suffered damages as a result of this violation. However, the Commission was unable to determine the quantum of damages and therefore recommended that the amount be determined in accordance with the law of Cameroon. The essential legal principle is that denial of due process constitutes a violation of the Charter, and damages are owed to the victim, but the assessment of quantum is a matter for domestic law.
Court disposition
Complaint upheld in part; violation of due process found; damages to be determined under Cameroonian law.
- The Commission finds that the applicant was denied due process contrary to Article 7 of the African Charter.
- The Commission finds that the applicant suffered damages.
- The Commission recommends that the quantum of damages be determined under the law of Cameroon.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
EMBGA MEKONGO LOUIS v. CAMEROON
DECISION
Citation: Embga Mekongo v. Cameroon, Comm. 59/91, 8th ACHPR AAR Annex VI (19941995)
Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 61 (2002); Documents of the African Commission on Human and Peoples' Rights, at 385 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 56 (ACHPR 1995)
COMPLAINT
[1] Embga Mekongo, a Cameroonian citizen, alleges false imprisonment, miscarriage of justice and damages for which he claims the sum of \$105 million.
FINDING
[2] The Commission finds that the author had been denied due process, contrary to Article 7 of the African Charter and had in fact suffered damages. Being unable to determine the amount of damages, the Commission recommends that the quantum should be determined under the law of Cameroon.
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