By Folegwe II Menky, March 23, 2017
Cameroon Journal, Yaoundé – International Bar Association’s Human Rights Institute, IBAHRI, has restated its call to Yaoundé authorities to conduct the trial of Barrister Nkongho Felix Agbor Balla in a civilian court, and not in a military tribunal.
In a statement sent to our newsroom Wednesday, the world’s leading organisation of international legal practitioners – bar associations and law societies, also noted that Agbor Balla’s trial should be “without interference, and in adherence with international norms of legal and transparent due process.”
IBAHRI had on February 13, called for a fair trial for Balla, who is standing trial at the Yaoundé Military Tribunal alongside Dr. Fontem A. Neba and Mancho Bibixy. Their case which has been adjourned on two occasions comes up again today.
According to Baroness Helena Kennedy QC, Co-chair of IBAHRI, “the arrest of Barrister Agbor-Balla by military authorities that now intend to prosecute, judge and sentence him is deeply troubling to the IBAHRI and the international community.”
While raising fears that the trial may henceforth be held in-camera at the Military Tribunal, the London-based outfit called on the Government of Cameroon to respect the United Nations Basic Principles on the Independence of the Judiciary and ensure that judicial proceedings are conducted fairly.
IBAHRI noted that Agbor Balla’s “rights as an individual and a professional to personal liberty, free expression, association, protection from arbitrary arrest and the right to a fair trial,” have been denied him.
“The IBAHRI implores the Government of the Republic of Cameroon to observe the recommendations found in the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, adopted by the African Commission on Human and People’s Rights in 2003, to which Cameroon is a signatory.
“Decisively, Principle L provides that “Military Courts should not in any circumstances whatsoever have jurisdiction over civilians’.
“Attempts to conflate Barrister Agbor-Balla’s actions with those of a terrorist in order to justify the use of such military tribunals are disingenuous, shocking and wrong, and pose a clear threat to the independence of the judiciary,” Ambassador (ret.) Hans Corell, Co-chair of IBAHRI, said.
Agbor Balla and co. are standing trial for terrorism, rebellion against the state, incitement of civil unrest, amongst others, charges which could attract the death penalty going by the Penal Code and the Law on the suppression of acts of terrorism in Cameroon.