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Article : CCPR-9-1
Subject :right to security of person
Keywords :security of person
Communication :468/1991
Parties :Angel N. Olo Bahamonde v. Equatorial Guinea
Reference :views of 20 October 1993

Facts :
AUTHOR'S SUBMISSIONS:

1. The author of the communication is Angel N. Olo Bahamonde, a citizen of Equatorial Guinea born in 1944 and a landowner, mining engineer and former civil servant. Until the summer of 1991, he resided in Malabo, Equatorial Guinea; in September 1991, he fled the country for Spain. He currently resides in Luanco, Spain. The author claims to be a victim of violations by Equatorial Guinea of articles 6, paragraph 1; 9; 12; 14; 16; 17; 19; 20, paragraph 2; 25; 26; and 27, in conjunction with article 2 of the International Covenant on Civil and Political Rights.

(...)

COMPLAINT:

3.1 The author complains that he and other individuals who do not share the views or adhere to the ruling party of President Obiang or who do not at least belong to his clan (the Mongomo clan) are subjected to varying degrees of discrimination, intimidation and persecution. More particularly, the author claims to have been a victim of systematic persecution by the Prime Minister, the Deputy Prime Minister, the Governor of Bioko (North) and the Minister of External Relations, all of whom, through their respective services, have pronounced threats against him, primarily on account of his outspoken views on the regime in place. He further contends that the ambassadors of Equatorial Guinea in Spain, France and Gabon have been instructed to "make his life difficult" whenever he travels abroad.

(...)

AUTHOR'S SUBMISSIONS:

(...)

5.2 The author contends that, since his departure from Equatorial Guinea in 1991, he has received death threats; he claims that the security services of Equatorial Guinea have received the order to eliminate him, if necessary in Spain. In this context, he argues that his departure from Malabo was only possible with the protection and the help offered by a German citizen; moreover, since 29 September 1991, all his remaining properties in Equatorial Guinea are said to have been systematically dismantled or expropriated.

Decision on admissibility :
(...)

6.3 On 25 March 1992, the Committee declared the communication admissible in so far as it appeared to raise issues under articles 9, paragraphs 1 and 3, 12, paragraphs 1 and 2, 14, paragraph 1, and 26 of the Covenant.

POST-ADMISSIBILITY SUBMISSIONS:

STATE PARTY'S OBSERVATIONS:

(...)

7.3 In a further submission dated 30 June 1993, the State party summarily dismisses all of the author's allegations as unfounded and alleges that Mr. Bahamonde suffers from a "persecution complex" ("... obsesionado por su mania persecutoria"). It contends that far from being harassed and persecuted, the author owed both his high functions in the civil service of Equatorial Guinea and his promotions to President Obiang himself, and that he left his functions on his own free will. Accordingly, the State party contends that it does not owe the author anything in terms of compensation and submits that on the contrary, it could well prosecute the author for defamation, abuse of office and for treason.

(...)

Views :
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9.2 With regard to the author's claim that he was subjected to harassment, intimidation and threats by prominent politicians and their respective services on a number of occasions, the Committee observes that the State party has dismissed the claim in general terms, without addressing the author's well substantiated allegations against several members of the government of President Obiang Nguema. The first sentence of article 9, paragraph 1, guarantees to everyone the right to liberty and security of person. The Committee has already had the opportunity to explain that this right may be invoked not only in the context of arrest and detention, and that an interpretation of article 9 which would allow a State party to ignore threats to the personal security of non-detained persons within its jurisdiction would render ineffective the guarantees of the Covenant [Footnote: Views on case No. 195/1985 (Delgado Paez v. Colombia), adopted on 12 July 1990, paragraphs 5.5 and 5.6; No. 314/1988 (Bwalya v. Zambia), Views adopted on 14 July 1993, paragraph 6.4).]. In the circumstances of the case, the Committee concludes that the State party has failed to ensure Mr. Olo Bahamonde's right to security of person, in violation of article 9, paragraph 1.

(...)

10. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it reveal violations of articles 9, paragraphs 1 and 3, 12, paragraphs 1 and 2, 14, paragraph 1, and 26 of the Covenant.



Remedy proposed :


11. Pursuant to article 2 of the Covenant, the State party is under an obligation to provide Mr. Olo Bahamonde with an appropriate remedy. The Committee urges the State party to guarantee the security of his person, to return confiscated property to him or to grant him appropriate compensation, and that the discrimination to which he has been subjected be remedied without delay.

12. The Committee would wish to receive information, within 90 days, on any measures taken by the State party in respect of the Committee's Views.

Individual Opinion :

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Last Modified: 13-01-2014 16:18:19 (Documentation SIM)