Re: [cameroon_politics] Re: Another Tragedy of the Camerounese State - NCC Bites Again, Suspends Six Media Houses

In fact as Chief Taku rightly puts it, once they target anyone they get the DO, SDO or Governor to sign an administrative detention order which the police execute and keep the detainee incommuniado. Neither family nor even lawyers are allowed to see the detainees. This is what happened in Bamenda and they were dragged to the military Tribunal. Find attached a copy of the Preliminary objection we filled and raised in open court last Monday 3rd August. The matter was adjourned to 31st August at the request of the Commissaire du Gouvernement for him to prepare and file his reply to the Preliminary objection

Blaise Sevidzem Berinyuy Esq.
Fon-nteh (Shufai) Wo Baforchu, Tobin-Kumbo

B.A, DIP, LLB Hons, PGD, C.A.P.A
(Human Rights Advocate, Solicitor and Notary Public)

Taku Chambers

P.O. Box 144 Buea,SWP - Cameroon

Phone: 237 77680743 (Cell)

Tel/Fax: 237 33323500 (H)

On Monday, August 10, 2015 2:17 PM, 'Chief Charles A.Taku' via ambasbay <ambasbay@googlegroups.com> wrote:

Please find an edited version in the reposted below.

Prof,

The involvement of the Divisional Officer in this matter gives a perception of the lack of independence of the NCC. The NCC has quasi-judicial powers to hear petitions against News Organs and Journalists. For this reason it should follow due process of the law. It should acknowledge that its decisions can be challenged in a court of law as it deed they have. It should respect the rule of law and evince an ability to respect due process. This is the only way it can have the legitimacy to make decisions which are accepted and respected with far reaching implications. The decisions sanctioning journalists and news organs fall within this category. Although news organs and journalists are primarily targeted, the wider audience worldwide that rely on these journalists and news organs for information on matters affecting their lives may be the intended or unintended victims as much.

The neo-colonial Aujoulatist regime in power in Cameroun circumscribed the practice of Journalism to merely informing and educating an enslaved and gullible public. At least the late Adalbert Owona in his CNU ideological lectures taught an enslaved nation as much. This brainwashing whose effect and impact is felt today, was brought into the curriculum of the University of Yaoundé ( at the law faculty we it was taught in second year law in a subject called " institutions du Cameroun") A few of us rebelled against this systemic brainwashing and I am grateful for that. Needless therefore to state here that the information and education the Aujoulatists referred to were those modelled after the ones imposed at the experimental centres in Tchorere, Mantoum and Yoko. They have since the imposition of the ironic "liberty laws" in 1990 been extended to the entire prison Republique du Cameroun. Any "sous prefet" can detain any person for fifteen days renewable indefinitely. And no court can enquire into the reasons for the detention or order the victim freed. Not even a writ of habeas corpus can force the release of the victim.

However we also know that the practice of journalism which humanity at its best craves for is that which also facilitates and serves as a conduit by which the genuine liberties ordained by the International Covenant on Civil and Political Rights are brought to the very temples of human existence. The liberty in practicing this manner of journalism requires that a billion opinions are brought to the market place of ideas including those of the victims of centuries of oppression. That is the form of freedom of the press and freedom of opinion which I am concerned may be at risk when a quasi- judicial institution relies on an acknowledged institutional agent of oppression and egregious violations like the D.O to seal the premises of a news organ. That action of the NCC is outside of the law; it is arbitrary and it should be held in contempt of the court before which the appeal against its decision is pending. This is only possible in a state where the rule of law is respected. This may not be the case with Cameroon which is sliding progressively into a worse form of institutional dictatorship as 2018 approaches. The criminalization of free speech in the so-called law on terrorism, the decentralized emergency measures ostensibly alleged to be in furtherance of the war effort against Boko Haram are but the public faces of the egregious assault on civil liberties. What is troubling in the NCC inviting the DO into this matter is the possibility that like the Special Criminal Court it may knowingly or unknowingly be co-opted and used as yet another instrument of power control in furtherance of the politics of personal power that is advancing the neo-colonial agenda which led to the revolt by the sanctioned news organs and its intended audience far and near.

Chief Charles A. Taku

From: "'Chief Charles A.Taku' Charto_us@yahoo.com [cameroon_politics]" <cameroon_politics@yahoogroups.com>
To: "ambasbay@googlegroups.com" <ambasbay@googlegroups.com>; Cameroon Politics <cameroon_politics@yahoogroups.com>
Sent: Monday, August 10, 2015 5:02 PM
Subject: [cameroon_politics] Re: Another Tragedy of the Camerounese State - NCC Bites Again, Suspends Six Media Houses

Prof,

The involvement of the Divisional Officer in this matter gives a perception of the lack of independence of the NCC. The NCC has quasi judicial powers to hear petitions against News Organs and Journalists. For this reason it should follow due process of the law. It should acknowldge that its decisions can be challenged in a court of law as it deed they have. It should respect the rule of law and evince an ability to respect due process. This is the only way it can have the legitimacy to make decisions which are accepted and respected with far reaching implications. The decisions sanctioning journalists and news organs fall within this category. Although news organs and journalists are primarily targeted, the wider audience world wide that rely on these journalists and news organs for information on matters affecting their lives may be the intended or unintended victims as much.

The neo-colonial Aujoulatist regime in power in Cameroun circumscribed the practice of Journalism to merely and informing and educating an enslaved and gullible public. At least the late Aldabert Owona in his CNU ideological lectures taught an enslaved nation as much. This brainwashing whose effect and impact is felt today, was brought into the curriculum of the University of Yaounde ( at the law faculty we it was taught in second year law in a subject called " institutions du Cameroun") A few of us rebelled against this systemic brainwashing and I am grateful for that. Needless therefore to state here that the information and education the Aujoulatists referred to were those modelled after the ones imposed at the experimental centres in Tchorere, Mantoum and Yoko. They have since the imposition of the ironic " liberty laws" in 1990 been extended to the entire prison Republique du Cameroun. Any " sous prefet" can detain any person for fifteen days renewable indefinitely and no court can enquire into the reasons for the detention or order the victim freed. No even a writ of habeas corpus can force the release of the victim.

However we also know that the practice of journalism which humanity at its best craves for is that which also facilitates and serves as a conduit by which the genuine liberties ordained by the International Covenant on Civil and Political Rights are brought to the very temples of human existence. The liberty in practising this manner of journalism requires that a billion opinions are brought to the market place of ideas including those of the victims of centuries of oppression. That is the form of freedom of the press and freedom of opinion which I am concerned may be at risk when a quasi- judicial institution relies on an acknowledged institutional agent of oppression and egregious violations like the D.O to seal the premises of a news organ. That action of the NCC is outside of the law; it is arbitrary and it should be held in contempt of the court before whom the appeal against its decision is pending. This is only possible in a state where the rule of law is respected. This may not be the case with Cameroon which is slinding progressively into a worse form of institutional dictatorship as 2018 approaches. The criminalisation of free speech in the socalled law on terrorism, the decentralized emergency measures ostensibly alleged to be in furtherance of the war effort against Boko Haram are but the public faces of the egregious assault on civil liberties. What is troubling in the NCC inviting the DO into this matter is the possibility that like the Special Criminal Court it may knowingly or unknowingly be co-opted and used as yet another instrument of power control in furtherance of the politics of personal power that is advancing the neo-colonial agenda which led to the revolt by the sanctioned news organs and its intended audience far and near.

Chief Charles A. Taku

From: 'inmentan' via ambasbay <ambasbay@googlegroups.com>
To: "ambasbay@googlegroups.com" <ambasbay@googlegroups.com>
Sent: Monday, August 10, 2015 4:00 PM
Subject: RE: Another Tragedy of the Camerounese State - NCC Bites Again, Suspends Six Media Houses

Prophet Ntemfac,

It seems Senior Peter is oblivious of the fact that Truth needs no defense. Its defense is itself. The NCC does not need to become a Court in a socalled state of law. Did the NCC sanction Le Mode etc. ?

Sent from my T-Mobile 4G LTE Device

-------- Original message --------
From: 'Ofege Ntemfac' via ambasbay <ambasbay@googlegroups.com>
Date:08/09/2015 10:23 AM (GMT-06:00)
To: Ambasbay CamerGoogleGroup <ambasbay@googlegroups.com>
Cc:
Subject: Another Tragedy of the Camerounese State - NCC Bites Again, Suspends Six Media Houses

NCC Bites Again, Suspends Six Media Houses

Yaounde, Cameroon—The Cameroon media watchdog, the National Communication Council, has made public the outcome of its 10^th ordinary session held on April 30, 2015. Below is the full release signed by the vice chair person, Peter Essoka.

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEghoA53vQkkl01BJZ10ZLEJ-FX5U-10I3OCNDE7Zwq0T8NcIkuzHi544l1NYcC8mvE6cWx8hn26apPeEwKfInxBPG0HigqQGzu5r_Pea9L81Tu_cuVOLpWo1L7Ca6mQdKEWXiuIsO05ytAz/s280/Essoka.JPG

Peter Essoka, vice president of the NCC

The Vice-president of the National Communication Council informs promoters, media professionals and the general public that on 30 April 2015, this autonomous regulatory body held its 10th ordinary session, in compliance with the provisions of Decree No 2012/038 of 23 January 2012 reorganising the NCC.

The agenda of the proceedings focused mainly on preparations for the 2015 commemoration of the World Press Freedom Day and ten (10) case reviews. The following decisions were taken after the reviews:

1/- In Afriland First Bank's case against "Le Renard",

The complaining financial institution petitioned the NCC against the print media organ named "Le Renard" for publishing unfounded accusations that may be prejudicial to its image in its 038th issue of 19 February 2015.

The Council, after establishing the responsibility of the newspaper's publisher given the publication of unfounded claims, which neither fulfilled the requirements of verification nor balance in the treatment of information, separately suspended "Le Renard" and its publisher from practicing the journalism profession in Cameroon for a period of six (06) months for misconduct which constitutes violations of professional ethics in mass communication.

2/- Concerning Pamol Plantation Ltd's case against "Cameroon Herald",

Following the publication of unfounded accusations of mismanagement and embezzlement in its 090^th issue against the Interim General Manager of Pamol Plantations Plc and certain senior public figures,

The Council, after establishing the responsibility of the publisher of the newspaper in question for not respecting the requirements of verification and balance, separately suspended "Cameroon Herald" and its publisher from practicing the journalism profession in Cameroon for a period of six (06) months for misconduct which constitutes violations of professional ethics in mass communication.

3/- In the NCC's case against "Afrique Media",

The Council:

– Based on the programmes "Le mérite panafricain" and "le débat panafricain" broadcast respectively on the aforementioned television station on 1, 8, 20, 27 February and 16 March 2015 during which certain guests leveled baseless accusations and incitement to hatred likely to impair the image and dignity of personalities, institutions and foreign countries;

– Specifying that the choice of guests and the conduct of television programmes are the responsibilities of their presenters;

– Taking into account repeated professional slips of a similar nature which prompted it to call the attention of "Afrique Media's" management to the risks involved in broadcasting live programmes with contributions from guests, some of whose spur-of-the-moment declarations can cause irreparable damage,

– Recalling that pledges to respect professional ethics made by the management of Afrique Media after they were first summoned before the NCC were never followed by action,

– Noting that the generalization of the aforementioned professional breaches have resulted in detrimental confusion between free speech and the violation of the dignity of moral and physical persons, suspended Afrique Media for a period of one month, and Magne Tada Juliana and Mohammed Bachir Ladan , presenters of the aforementioned programmes for six (06) months each from practicing journalism in Cameroon for repeated professional misconduct characterized by a lack of control of the aforementioned programmes permitting the guests to make unjustified accusations likely to impair the image and honour of personalities, institutions and foreign countries.

4/- In the NCC's case against "LTM",

The Council, which reproached Awilo, presenter of the programme "Town Cryer" on LTM for making an unjustified accusation concerning the war between Cameroon and the Islamist sect Boko Haram which is likely to impair the honour and dignity of a foreign country, separately suspended the programme "Town Cryer" and its presenter from practicing journalism in Cameroon for a period of three (03) months for broadcasting a baseless accusation which constitutes violation of professional ethics in mass communication.

5/- In Martinez Zogo's case against "Climat Social",

Mr. Martinez Zogo, journalist at "Amplitude FM" filed a petition to the NCC against the newspaper "Climat Social", following the publication in its 0061^st issue of unjustified accusations which impinged on his person and dignity.

The Council,

After confirming the responsibility of "Climat Social's" publisher pertaining to his media organ's non respect for the professional requirements of verification and balance resulting in the publication of unjustified accusations against the petitioner, separately suspended "Climat Social" and its publisher from practicing journalism in Cameroon for a period of six (06) months for misconduct which constitutes violation of professional ethics in mass communication.

6/- Concerning Oswald Baboke's case against "Royal FM",

Mr. Oswald Baboke, Technical Adviser at the Civil Cabinet of the Presidency of the Republic, filed a petition to the NCC against "Royal FM" after the presenter of the programme "le débat républicain" broadcast on 2 February 2015 on this radio station, declared that the petitioner embezzled the sum of 15,000, 000 FCFA, which Cameroon's First Lady allegedly sent to Mr. Emmanuel Mbombog Mbog Matip.

The Council,

After establishing the responsibility of "Royal FM" and that of the presenter of the contested programme for failing to respect the two-fold requirement of verification and balance in the treatment of information which led to the broadcast of an unfounded accusation likely to violate the petitioner's dignity, separately suspended "Royal FM" for one (01) month and Mr. Martin Marcelin Ateba, presenter of the programme "le débat républicain" for three (03) months from practicing journalism in Cameroon, for misconduct which constitutes violation of professional ethics in mass communication.

7/- In Vincent Nji Ndumu's case against "Vanguard",

Mr. Vincent Nji Ndumu, Governmnt Delegate to the Bamenda City Council, filed a petition to the NCC against the print media organ "Vanguard" following the publication of accusations of mismanagement in the exercise of his duties in its 120^th issue of 9 February 2015.

The Council,

After establishing the responsibility of the publisher of the newspaper in question for breaching the dual requirement of verification and balance in the treatment of information which resulted in the publication of unfounded claims against the petitioner, separately suspended "Vanguard" and its publisher for six (06) months from practicing the journalism profession in Cameroon, for misconduct which constitutes violation of professional ethics in mass communication.

8/- In the cases between Mr. Issa Tchiroma Bakary, Minister of Communication and "Mutations", "Quotidien Emergence" and "Le Messager", following:

– The publication of information concerning a photograph of the Head of State bowing before the remains of soldiers who died in the war front posted on the Presidency of the Republic's website on 09 March 2015,

– And the republication by these newspapers of an article about the health condition of Cameroon's presidential couple originally published on the website of the "Le Monde" newspaper,

The Council,

After a debate which took Members' contradictory positions into account, decided to defer its deliberation on the three aforementioned cases.

For the Council,

The Vice-President

Peter Essoka

Col 3:4 When Christ, who is our life, shall appear, then shall ye also appear with him in glory. Christ appears in your life right here, right now: one nanosecond after you believe and confess that Jesus is Lord.
https://www.facebook.com/CAYMCameroon

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Posted by: "Chief Charles A.Taku" <charto_us@yahoo.com>

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