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Actualités of Friday, 19 June 2015

Source: hurinews.com

Ambassa Zang denounces ruling after conviction

Ambassa Zang Ambassa Zang

"The verdict of the TCS defies logic of law and facts. For Cameroon that upholds the rule of law, it is a disaster. This substantial verdict which is purposely to eliminate me from the Cameroonian political scene was expected after the submissions made by the public prosecutor at the hearing of April 28, 2015”.

PRESS RELEASE

The Special Criminal Court verdict in the case of Ambassa Zang is a non-starter and a judicial sham.

Public action set against me for embezzlement and allegedly maintained by the auditors of the Higher State Control achieved its finality in the verdict of 18 June 2015 by the Criminal Court with a life sentence and a conviction to pay the State of Cameroon the sum of 5.8 billion CFA francs in damages and, the forfeiture of my rights to a civil verdict to life.

This purpose was to eliminate me from the Cameroonian political scene and it was granted after the submissions of the Public Prosecutor at the hearing on 28 April 2015.

Procedure

The public action was set in motion as a result of a letter in early 2009 from the Ex- Minister Delegate at the Presidency in charge of the State Superior Control (Mr. ETAME Massoma) to the Minister of Justice in which he formally demanded an arrest. Given the Cameroonian law, the referral to the Minister of Justice by Mr. ETAME Massoma was a serious procedural defect, except in cases of flagrante delicto, the Authorizing Officers and Public Credit Managers are justifiable before the Council Budgetary Financial and Discipline.

It is this body's responsibility to seize Justice of the acts described in the review of crimes or offenses and only make referral in the name of the state. The Council of Budget and Financial Discipline has never ruled on my case, notwithstanding the high directives of the President of the Republic by letter B135 / SG / PR of 26 July 2012. And, paradoxically, I found myself simultaneously pursued before the TCS and the Council of Budget and Financial Discipline, a completely new situation.

Before rendering the verdict, Mr. Abdou YAP, President of TCS accused me of engaging in "diatribes in the newspapers." While refusing to return a pointless polemic against the person that I sorted yesterday from my friends, I would stress that these remarks show how well this Top Magistrate is subject to external influences, in violation of the provisions of Article 310 N ° 2005/007 27 July 2005 concerning the Criminal Procedure Code requiring the Trial be demonstrated independently and impartially. I simply like to draw attention to the fact that under Article 10 of the Universal Declaration of Human Rights, "Everyone is entitled to full equality to a fair public hearing by an independent and impartial tribunal, in the determination of his rights and obligations in any criminal charge against him ".

Right of defense

Now it turns out that the Criminal Code Procedure of Cameroonians is very careless of the rights of defense and of the truth and does not allow the lawyer of the accused to be absent from the debate (Article 349). This is why I even took the opportunity to address the President of TCS through a note dated 09 June 2015. Largely explained and accompanied by three documents that the award rendered by the Arbitration Court (ICC of Paris) in the case of State of Cameroon c / UDECTO, this note of challenge cannot be described as "diatribes". At no point in this note, also made public, have I devoted myself to insults and personal attacks against the magistrates or the Prosecutor of TCS. I simply used my right to challenge against the jurisdiction and explain my position.

In the background, the TCS's verdict defies logic, law and the facts. For Cameroon that proclaims the rule of law, it is a disaster. Indeed, the judgment of TCS tramples the relevant resolutions of the Inter-Parliamentary Union which has already sent two missions to Cameroon for my case and at the same time, it reinforced the critical partners in our country about the legal uncertainty and judiciary in Cameroon.

Finally, this iniquitous judgment of the Collegiality removes every credibility of the TCS being that it constitutes a flagrant denial of justice. It can be analyzed as the judiciary being shaped by a political decision as the emptiness of the charges against me makes it clear. I would therefore like to continue to count on the support of all peace-loving people and justices, whether or not a national of Cameroon, to carry out despite many pitfalls, the vital struggle with the main objective of restoring my rights, my dignity and reputation.

The independence of the Judiciary is the guarantor of the rule of law, respect for fundamental human rights, social cohesion and peace, all of which are prerequisites for development which is legitimately aspired by our country. In this perspective, it is a project that is a priority for the desired development in 2035 which with a judiciary dependent on government is congenitally doomed.