Special Criminal Court: Update on cases

Famous and anonymous personalities; two groups who are total opposites but have a link to one place: the Special Criminal Court.

Since November 2012, a hundred cases are enrolled and judged. Stepping in front of the bar are former members of the government who are accused, not forgetting the headlines of public and private media.

In nearly three years, some have blamed repeated appearances like Yves Michel Fotso in the different stands of the liquidation of Camair or Urbain Olanguena Awono in lawsuits opposing the Ministry of Public Health, for AIDS and malaria drugs.

Other defendants have died while their cases had already been on the docket, as was the case of Jerome Mendouga, former Ambassador of Cameroon to the United States in "Albatros", or Catherine Abena for the case against the Public Ministry / Department of Secondary Education. Exceptions, such as Haman Adama, former Minister of Basic Education, report amounts have been reimbursed. She received a decision to stop prosecution in 2013, having paid the state a total of nearly FCFA 213 million discussed at the time by judicial sources.

And according to figures gleaned from the CHT, in nearly three years, 55 accused were eventually acquitted, but 126 convicted persons.

The embezzlement of public funds concerns the main charge pattern. We're talking about maddening because the damage barrier is well defined. This is also precisely what the law of 16 July 2012 amending and supplementing certain provisions (Articles 2, 9, 10, 11, 12, 13, 14, 15, 16 and 18) of the Act of 14 December 2011.

In Article 2 (new), it states that "the Tribunal has jurisdiction, where the damage is a minimum amount of fifty million (50,000,000) CFA francs, the embezzlement of public property offenses and offenses Related under the Penal Code and the international conventions ratified by Cameroon. "Article 7 (6) continues by revealing that when the damage is less than FCFA 50 million CFA francs, the Attorney General at the Court sends the procedure to the competent Attorney General.

The duration of some cases arouses questions. Like the one on the Ministry of Public / Project RIGC (Strengthening Initiatives for Community Forest Resources Management and Fauna) against Kaptue Tagne Serzh still ongoing, although opened in November 2012.

The Act of 2012 is clear on periodicity, revealing that the Tribunal has a maximum of six (06) months to make its decision. "This period may be extended for a maximum period of three (03) months by order of the President. This order is subject to appeal. Any notice of appeal in this case is filed in the record, "we read in Article 10, paragraph 6. If the law gives this precision, it remains silent, however, in view that a matter extends beyond nine months for justified reasons, although, as confirmed by a judicial source "disciplinary sanctions are foreseen in case of non-compliance with deadlines. "

The law also provided for an appeal and meets the terms of Article 14 (5) of the International Pact Relative to Civil and Political Rights entered into force on March 23, 1976 to which Cameroon is a party, "Everyone convicted of an offense has the right to review by a higher court conviction and sentence according to law. "

In Article 12 paragraph 1 (new): "The appeal is filed within 48 hours from a) the passing of contradictory decisions; b) notification to the defaulting party from default judgment." It is not uncommon to see defenses evoke the Supreme Court.

Thus it is formed within the Supreme Court, a section composed of judges of the three departments (judicial, administrative and accounts), jurisdiction in appeals against judgments of TCS. This section of the Supreme Court shall have a maximum of six (06) months to clear referral.

Among the pending cases in that court, the case of prosecution / Department of Justice against Fanta Elisabeth Marie épse Tikela Kemone, Public Prosecutor / State of Cameroon against Atangana Mebara and other Public Ministry / Department of Health against Urban Olanguena Awono or Prosecutors still / Credit Foncier of Cameroon against Polycarpe Abah Abah.