YAOUNDé, May 3, 2006  –  The Cameroonian government is refusing to release from jail the nine men who were acquitted last month on homosexuality charges, it emerged today.

The nine were part of the “Yaoundé 11” who were detained in May last year following a police raid at a nightclub said to be frequented by gay men and women.  Two of the men had charges dropped earlier this year.

In March, when the case came to court, the prosecution had no witnesses to present.  Rather than dismissing the case, the judge postponed the trial until April 21.

The prosecution offered no proof of the charges and no witnesses were called at the resumed trial last month and Judge Tonye ruled the men innocent.

But the prosecutor’s office has refused to release the men from Kondegui Prison, saying that they will be re-tried, the men’s lawyer, Duga Titanji said today.

“You arrest people unfairly, violate their rights for almost a year, and then refuse to release them—this constitutes an abuse of power,” Mr. Titanji commented.  “This development constitutes a major violation of due process.  With no new arrest warrant being served, this is now a blatant case of arbitrary detention.”

Article 14(7) of the United Nations International Covenant on Civil and Political Rights states that: “No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted.”.  Additionally, the Covenant states in Article 14(3c) that “everyone shall be entitled to … be tried without undue delay”.

In New York, the International Gay and Lesbian Human Rights Commission (IGLHRC), which has been keeping a watchful eye on the case, described the latest situation as “double jeopardy”.

“The Cameroonian government has upended the entire judicial process in this case and is showing blatant disregard for legal procedures,” commented Cary Alan Johnson, the senior coordinator for Africa at IGLHRC.

“We will work with Cameroonian activists to confront this brazen abuse in the courts and at the national and international diplomatic levels.”

IGLHRC was alerted to the case within days of the men’s arrest on May 21, 2005 and immediately arranged for Mr. Titanji to take their case.

Along with local and international human rights advocates, IGLHRC has repeatedly demanded the unconditional release of the nine men to both Cameroonian and United Nations officials.  Additionally, the New York based international group has provided emergency assistance to help the men survive the harsh conditions of their detention.

The arrests last May came to light following a report in the local newspaper, Mutations. They were confirmed by the United States Embassy in Cameroon.

National television in Cameroon and local Channel 2 broadcasted images of the young men after their arrest.  The 11 men who remained in detention were those too poor to find a means to be released or to hire a lawyer.  Many have been abandoned by their families due to publicity related to the case.

Nine Gay Men Acquitted in Major Victory for Human Rights.  All of the “Yaounde 11” have now been cleared of homosexuality charges, it emerged from the Cameroon capital  Yaoundé today.  The 11 gay men were detained almost a year ago after police were called to an incident at a nightclub frequented by gay men and women. Two were released without charge earlier this year. (UK Gay News, April 21, 2006)