A/HRC/57/60
upon the Government to refrain from acts of intimidation or reprisal against human rights
defenders, including those cooperating with international human rights mechanisms and the
Human Rights Council (A/HRC/RES/54/20, OP 7).
7.
Cameroon
48.
The case of civil society organization Organic Farming for Gorillas Cameroon
(OFFGO) has been included since 2020 in the Secretary-General’s reports45 on allegations of
reprisals following a communication by special procedures mandate holders. 46 Alleged
reprisals against OFFGO members have included the expulsion of Mr. Jan Joris Capelle, a
Belgian national and co-founder of the organization, from Cameroon in 2019; threats against
Mr. (Prince) Vincent Awazi, a traditional chief; and death threats, surveillance and attacks
against Mr. Elvis Brown Luma Mukuna, the lawyer of OFFGO, and his relatives. Mandate
holders47 have addressed the allegations, to which the Government has responded.48
49.
According to information received by OHCHR, on 23 June 2023, the Examining
Magistrate at the High Court of Momo (Mbengwi) issued a “no case ruling” in the
preliminary inquiry into Mr. Capelle’s case and consequently closed the case.49 Mr. Elvis
Brown, legal counsel of Mr. Capelle, received the Service Order with the no case ruling
dated 30 June on 8 September, which did not allow for an appeal within the 48 hours
following the date of service of the ruling, as established by law.
50.
On 20 September 2023, Mr. Brown addressed the General Prosecutor of the
North-West Region urging the opening of a new investigation into the case and requesting
adequate application of the Code of Criminal Procedure by the competent judicial authorities.
On 13 December 2023, Mr. Brown was notified of the continuation of the case by the High
Court of Momo and, on 6 February 2024, he attended the first hearing before the Examining
Magistrate. On 7 February 2024, Mr. Capelle received a summons to appear before the Court
for the next hearing. On 17 May 2024, Mr. Capelle was granted a visa to travel to Cameroon.
51.
Between June and September 2023, Mr. Brown’s house in Bamenda has reportedly
continued to be under surveillance by unknown individuals in civilian clothes. When
approached, they immediately drive away. Mr. Brown has no evidence or information that
this is part of the protection measures by the authorities, and competent local police and
judicial authorities allegedly denied any connection with this surveillance. As a result, Mr.
Brown and his family live in constant fear and distress.
52.
On 5 July 2024, the Government responded to the note verbale sent in connection to
the present report noting that Mr. Brown and Mr. Capelle had never been intimidated in any
way. The Government stated further that Mr. Brown had not been able to demonstrate the
surveillance he allegedly been put under due to the legal assistance he had provided to Mr.
Capelle neither the implication of the public authorities in the alleged surveillance. The
Government noted that, despite the lack of a complaint by Mr. Brown before the competent
judicial authorities, the Prosecutor General had initiated ex officio an investigation into the
alleged surveillance and intimidation against him.
53.
Regarding Mr. Capelle, the Government noted that his removal from Cameroon had
been carried out in coordination with the Belgian Embassy in Cameroon, who had contacted
him to protect him from threats against his personal safety from the local population with
whom he had very tense relations. The Government affirmed its sovereign right to determine
eligibility to enter the country noting that it had taken the measure for reasons of security and
public order until calm had been restored. It further noted that this was the reason why Mr.
45
46
47
48
49
44
A/HRC/45/36, Annex I para. 53, Annex II paras. 21–23; A/HRC/48/28, Annex II paras. 14–16;
A/HRC/51/47, Annex II paras. 28 and 29; A/HRC/54/61, Annex II paras. 26–27.
CMR 3/2019.
CMR 5/2019; CMR 4/2022.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34800
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37222.
A/HRC/54/61, Annex II para. 26.
GE.24-14259