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000-484 - Enterprise Connectivity with J2EE V1.3 - Dump Information
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000-484 Questions and Answers
- There is application specific code that is packaged in a JAR file and referenced by multiple J2EE modules in an EAR file. The BEST approach to configure this JAR file is to add it to:
- the corresponding lib directory in each module's archive file.
- the EAR file and added to each module's manifest classpath.
- the application server's classpath.
- the server's system classpath.
- What folders within a WAR file are automatically added to the Web component's classloader?
- There is code that is packaged in a JAR file and referenced by multiple EAR files. To minimize maintenance efforts the JAR file should be added to:
- the corresponding lib directory in the archive file of each J2EE module that references it.
- the EAR file and added to each modules manifest classpath.
- a classpath used by containers to load application specific code.
- the system classpath for each effected node.
- Which of the following dependencies between J2EE modules within an EAR file are permitted?
- A Web module may depend on classes from another Web module.
- A Web module may depend on classes from an EJB module.
- An EJB module may depend on classes from another EJB module.
- An EJB module may depend on classes from a Web module.
- A set of third party EJBs are purchased for use on a project. Assuming container-managed persistence, which of the following customization steps can be performed by the project's deployer?
- Define the Home types for the Entity beans
- Map security roles to user groups
- Set named environment properties
- Specify the superclasses for each EJB
- Set transaction isolation levels
- An EJB developer is assembling a set of beans for packaging in an EJB JAR file to sell. The Exhibit is a partial listing of the XML deployment descriptor for the EJBs. Which of the following are TRUE concerning the design of LineItemBean?<ejb-jar><enterprise-beans><entity><description>The sale of items to a customer.</description><ejb-name>OrderBean</ejb-name><home>com.jcert.sales.OrderHome</home><remote>com.jcert.sales.Order</remote><ejb-class>com.jcert.sales.OrderBean</ejb-class><persistence-type>Container</persistence-type><prim-key-class>java.lang.Integer</prim-key-class><reentrant>False</reentrant><cmp-field><field-name>number</field-name></cmp-field><cmp-field><field-name>customer</field-name></cmp-field><resource-ref><description>DataSource for the Sales RDB</description><res-ref-name>jdbc/salesDB</res-ref-name><res-type>javax.sql.DataSource</res-type><res-auth>Container</res-auth></resource-ref></entity><entity><description>The sale of one item to a customer.</description><ejb-name>LineItemBean</ejb-name><home>com.jcert.sales.LineItemHome</home><remote>com.jcert.sales.LineItem</remote><ejb-class>com.jcert.sales.LineItemBean</ejb-class><persistence-type>Container</persistence-type><prim-key-class>java.lang.Integer</prim-key-class><prim-key-field>number</prim-key-field><reentrant>False</reentrant><cmp-field><field-name>number</field-name></cmp-field><cmp-field><field-name>product</field-name></cmp-field><cmp-field><field-name>quantity</field-name></cmp-field><resource-ref><description>DataSource for the Sales RDB</description><res-ref-name>jdbc/salesDB</res-ref-name><res-type>javax.sql.DataSource</res-type><res-auth>Container</res-auth></resource-ref></entity></enterprise-beans></ejb-jar>
- LineItemBean must use JNDI to access the salesDB to create Connections.
- LineItemBean instances are to be stored in the marketingDB data store.
- LineItemBean has a custom primary key class.
- LineItemBean uses its number field as the unique identifier for the database.
- Referring to the Exhibit and assuming container-managed transactions, which of the following statements are TRUE concerning transactions and OrderBean?<assembly-descriptor><security-role><description>Full access</description><role-name>Administrator</role-name></security-role><security-role><description>Normal permissions</description><role-name>User</role-name></security-role><method-permission><role-name>Administrator</role-name><method><ejb-name>OrderBean</ejb-name><method-name>*</method-name></method></method-permission><method-permission><role-name>Clerk</role-name><method><ejb-name>OrderBean</ejb-name><method-name>getTotal</method-name></method></method-permission><method-permission><role-name>User</role-name><method><ejb-name>OrderBean</ejb-name><method-name>addLineItem</method-name></method></method-permission><container-transaction><method><ejb-name>OrderBean</ejb-name><method-name>*</method-name></method><trans-attribute>Required</trans-attribute></container-transaction><container-transaction><method><ejb-name>OrderBean</ejb-name><method-name>getTotal</method-name></method><trans-attribute>Supports</trans-attribute></container-transaction></assembly-descriptor></ejb-jar>
- An invocation of OrderBean.getTotal() outside a transaction will result in a new transaction being created.
- An invocation of OrderBean.addLineItem() outside a transaction will result in a new transaction being created.
- OrderBean.getTotal() can execute outside any transaction scope.
- A deployer cannot set the transaction isolation levels for OrderBean.
- Referring to the Exhibit and assuming container-managed transactions, which of the following statements is TRUE concerning transactions and OrderBean?
- An invocation of an OrderBean method other than getTotal() outside a transaction will result in a new transaction being created.
- An invocation of any OrderBean method outside a transaction will result in a new transaction being created.
- An invocation of an OrderBean method other than getTotal() outside a transaction will result in a TransactionRequiredException.
- An invocation of any OrderBean method outside a transaction will result in a TransactionRequiredException.
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Human Rights Violations within the Enforcement of Cameroon’s Anti-Homosexuality legislation Cameroon’s anti-homosexuality law dates to 1972, when it became imposed by way of govt order by former President Ahmadou Ahidjo. Article 347 bis of the penal code, headed “Homosexuality,” punishes “sexual members of the family with someone of the same sex” with a jail time period of six months to 5 years and with a high-quality of 20,000 to 200,000 CFA francs (about US$forty-$400).
In concept, the law only punishes homosexual behavior and not “homosexuality” per se (frequently understood as a gay identity). youngsters, since the heading of the article makes use of the term “homosexuality,” and since this is the time period usual by using legislations enforcement officials and in prison records in Cameroon, we use this time period during the file when discussing criminal prices in opposition t these accused of consensual equal-intercourse conduct.
Prosecutions in keeping with the legislations seem to had been practically non-existent earlier than 2005, in response to analysis by options-Cameroun, which examined jail information in Douala: the oldest case file discovered for homosexuality dated to 1997.
It isn't clear why a surprising wave of prosecutions started in 2005, but in may additionally of that year, police arrested 32 individuals at a Yaoundé night club in the first of a series of excessive-profile arrests below this article. Eleven were prosecuted, and nine have been convicted of homosexuality. The UN Working group on Arbitrary Detention dominated in 2006 that “the existence of legal guidelines criminalizing gay behaviour between consenting adults in private and the utility of criminal penalties towards persons accused of such behaviour violate the rights to privacy and freedom from discrimination set forth in the foreign Covenant on Civil and Political Rights,” and that the arrests were therefore arbitrary.
right through Cameroon’s commonplace Periodic review (UPR) in December 2008, the UN Human Rights Council informed that homosexual habits be decriminalized. Cameroon did not settle for this advice. In 2009, alternate options-Cameroun petitioned the national assembly to decriminalize homosexuality. The assembly didn't reply to the petition.
Arrests perceived to proceed at a gradual pace between 2005 and 2010, but human rights businesses in Cameroon documented a surge in arrests in 2010 and 2011. when you consider that January 2010, at the least 28 people have had homosexuality prosecutions initiated against them; as a minimum eight had been convicted, however two had been consequently acquitted on appeal.
As of February 2013, at least three americans were in detention center waiting for trial on the equal costs. at least 9 others have been free on bail but had ongoing circumstances in opposition t them. In all, ADEFHO has documented fifty one arrests for homosexuality since 2005, even though many circumstances possible go unreported.
Cameroonian legal professionals have argued that because the legislations was imposed by the former president and changed into in no way accepted through parliament, its application violates Cameroon’s 1996 charter, which states that simplest parliament can legislate with regard to “the definition of felonies and misdemeanours and the institution of penalties of every kind.” however, courts have supplied no response to motions that two lawyers filed in a couple of of the contemporary homosexuality circumstances that challenge homosexuality prosecutions considering the law itself is unconstitutional.
A Homophobic environment law enforcement officers, prosecutors, and judges are undoubtedly influenced of their application of article 347 bis by the pervasive homophobic local weather in Cameroon.
Newspapers always submit sensational stories about alleged homosexuals. well-known religious figures have also denounced homosexuality, with the archbishop of Yaoundé in December 2012 relating to identical-sex marriage as a “crime towards humanity.” ordinary residents from time to time express virulent hatred towards lesbian, homosexual, bisexual, and transgender (LGBT) americans, youngsters other members of the community are extra tolerant. When a vigilante mob violently attacked individuals at a gathering on may additionally 17, 2012, equipped by means of three groups featuring functions to LGBT americans in Yaoundé, an activist from probably the most companies instructed CAMFAIDS and Human Rights Watch, “ladies in the neighborhood came and tried to get the blokes to stop beating people. the guys talked about, ‘They’re gay, we deserve to eliminate them.’”
during this context, the individual biases of legislation enforcement officers may additionally now and then make a contribution to the arbitrary nature of arrests below article 347 bis. alternate options-Cameroun has observed instances in which low-degree police and gendarmes arrest americans on account of their personal biases, devoid of regard for the legislations. Even at the optimum tiers, officers indicate a scarcity of understanding of the law. the chief of the Cameroon police, for instance, informed CAMFAIDS and Human Rights Watch, “businesses listed below are promotion homosexuality. They [gays] aren’t diagnosed; they don’t have the appropriate to have meetings.”
despite the fact, there is not any law on the books prohibiting LGBT americans from keeping conferences. The police chief noted the Bible to justify the latest law in opposition t homosexuality, declaring, “God pointed out ‘Go forth and multiply.’ It’s not between two men or two women.” Homophobic legislations enforcement and judicial officials are not held dependable once they abuse the legislations with impunity; none had been disciplined or prosecuted for abusing alleged LGBT americans.
A Victimless “Crime” “Homosexuality” is without doubt one of the few crimes in Cameroon’s penal code that, in most cases, has no sufferer. ironically, this potential that suspects’ rights are even more circumscribed than in other criminal circumstances. This irony stems from section sixty two of the criminal procedure Code, which states that costs may be discontinued in keeping with “the withdrawal of the complaint or the civil claim by using the civil party who lodged the criticism in respect of an easy offence or a misdemeanor.” Homosexuality is a misdemeanor, but people suspected of homosexuality very nearly on no account benefit from the withdrawal of costs. in exactly two of the ten case studies documented below is there a “civil birthday party” on the record; in different circumstances, prosecution turned into at the initiative of the state.
Police Chief Martin Mbarga Nguélé informed CAMFAIDS and Human Rights Watch that the victim in homosexuality cases is “society.” He didn't explain in what approach society suffered because of inner most, consensual equal-intercourse habits.
inadequate criminal Framework for handling Rape, Sexual Assault, and Offenses towards Minors In just a few situations, “homosexuality” fees are applied in cases of rape or sexual assault between folks of the equal sex, together with sex with minors beneath the age of consent. Rape and sexual assault are serious crimes and will be prosecuted. however, gender-neutral laws, which don't differentiate between perpetrators who are of the identical intercourse or contrary sex of their victims, are probably the most appropriate solution to contend with such crimes.
One serious hole in Cameroonian legislations is that article 296 of the penal code, which criminalizes rape, best applies to feminine victims. The constrained definition of rape might also lead some law enforcement officers to accept as true with that the best approach to address rape between people of the identical sex is to can charge the perpetrator with “homosexuality” below article 347 bis. This legal lacuna has the unlucky effect that consensual and non-consensual gay acts become conflated in the eyes of legislations enforcement officials, the judiciary, and, by way of extension, the broader public.
now not most effective does this influence in people being prosecuted for consensual behavior, it also means that the place there is rape, perpetrators are given differential medicine reckoning on whether their sufferer is male or female. for people that rape feminine victims, below the “rape” legislations, the penalty is 5 to 10 years. but for those who rape men, in the event that they are prosecuted beneath the “homosexuality” law, the penalty is lighter: six months to 5 years.
Some sexual assault situations that don't amount to rape are prosecuted below article 295 of the penal code, which criminalizes “private indecency” and is gender-impartial. It provides for up to 4 years’ imprisonment.
legal guidelines on offenses against toddlers are also developed in a gender-neutral method. In Cameroon, the criminal age of majority is 21 years. Cameroonian criminal legislations, in defining offenses towards little ones, uses three gradients: several distinctive legal guidelines handle crimes in opposition t infants beneath 16 years, infants beneath 18 years, and kids below 21 years.
Article 346 criminalizes “indecent offense in opposition t a minor of under sixteen years.” Sexual members of the family with a person under 16 years are punishable by using 10 to fifteen years in reformatory. In different phrases, babies beneath 16, of either intercourse, are regarded unable to consent. The article is gender-neutral, as is appropriate from the standpoint of overseas legislations: it will punish perpetrators of the same intercourse of the sufferer and the opposite sex of the sufferer equally.
Article 346 extra units forth that rape of a minor below 16 years is punishable by 15 to 25 years in penitentiary. it's doubtful even if “rape” during this context, following the logic of article 296, only applies to female victims, or even if it is meant to be gender-neutral.
Article 347 punishes “[I]ndecent offense against a minor of sixteen to 21 years.” It states that if the offenses exact in articles 295, 296, or 347 bis – sexual assault (“inner most indecency”), rape, or homosexuality – are committed towards a minor of 16 to 21 years, the penalties offered for below the given articles are doubled. therefore, consensual sexual intercourse between an adult and a person of the opposite sex between 16 and 21 years is permissible beneath the legislations; however consensual sexual intercourse between an grownup and a person of the same intercourse between sixteen and 21 years is criminalized on two stages.
none of the instances described in this report involve sexual habits between adults and minors of below sixteen years. despite the fact, a couple of situations involve consensual same-intercourse behavior between adults and minors between adults and minors between sixteen and 21 years. international legislation provides no strict assistance on the age of legal majority for sexual consent; although, what is obvious is that provisions on sexual crimes should now not manage to pay for differential medication on the groundwork of no matter if or no longer the perpetrator and the sufferer are the identical gender.
To unravel these inconsistencies, Cameroon may still amend its rape legislation to practice equally to men and ladies, and ensure that law on rape or sexual assault of babies applies equally to boys and girls. Article 347 offers low in cost protections towards rape and sexual assault for babies between sixteen and 21 years, but it surely may still not be used to beef up punishments for consensual identical-intercourse conduct.
law Enforcement structures and criminal procedure in Cameroon each the police and the gendarmerie in Cameroon carry out fundamental legislation enforcement capabilities, including arresting suspects and conducting initial investigations into a criminal offense. Police document to the Delegation conventional of national protection (Délégation Général de la Sûreté Nationale), which is a component of the presidency. Gendarmes document to the Ministry of defense. All gendarmes have the fame of “judicial police officer,” which permits them to examine and interrogate suspects.
Suspects can simplest be held in police or gendarmerie custody for 48 hours, and in the event that they are not caught in flagrant délit—in the act of a criminal offense—they cannot be held in custody at all with out the authorization of a prosecutor. After forty eight hours, suspects need to be formally charged with a criminal offense before the Parquet (the prosecutor’s office). they can then be released unconditionally with the fees dropped, if the prosecutor does not discover ample proof against them; launched on bail, or “provisionally,” pending trial; or remanded in pre-trial detention. Pre-trial detention is to be the exception, used most effective in awesome cases, akin to when the defendant does not have a fixed tackle or can not deliver any surety.
When a defendant is held in pre-trial detention, the case have to proceed to trial within 365 days. If a defendant is convicted earlier than a high courtroom (Tribunal de Grande example), the defendant or her lawyer may additionally appeal earlier than a court of attraction.
particular protections apply to minors in the criminal justice system. infants between 14 and 18 years may still not be arrested in the absence of a preliminary inquiry. They ought to be separated from adults in custody. The criminal system code offers that, “Measures of custody of a minor will be taken in the most advantageous hobby of the minor, and can be cancelled or changed at any time.” further, children between 14 and 18 who're convicted of crimes should improvement from consideration of mitigating instances within the sentencing phase.
Anti-Homosexuality legal guidelines and overseas legislation This document focuses largely on due manner violations and different human rights violations committed in Cameroon within the process of arresting and prosecuting individuals for consensual same-sex conduct. The magnitude of the abuses makes urgent the call for an conclusion to arrests beneath article 347 bis.
despite the fact, even if Cameroon’s own criminal laws and manner were respected utterly within the enforcement of article 347 bis, the article itself would nonetheless contravene overseas human rights legislation.
The African charter on Human and individuals’s Rights guarantees every particular person the correct to equal insurance policy earlier than the law and non-discrimination. The African commission on Human and Peoples’ Rights, the physique charged with monitoring states events’ compliance with the African charter, has spoke of that equal insurance plan extends to sexual orientation. It has additionally cited that the principle of non-discrimination, together with on the floor of sexual orientation, is the basis for the enjoyment of all human rights:
in conjunction with equality before the law and equal insurance policy of the law, the precept of non-discrimination offered under Article 2 of the charter gives the foundation for the enjoyment of all human rights.… The intention of this principle is to be certain equality of medicine for people irrespective of nationality, sex, racial or ethnic starting place, political opinion, faith or belief, disability, age or sexual orientation.
The international Covenant on Civil and Political Rights (ICCPR), to which Cameroon is a state birthday party, provides for equal insurance plan, non-discrimination, and the appropriate to privacy. On this foundation, the UN Human Rights Committee has ruled that criminalization of consensual same-intercourse behavior between adults violates the ICCPR.
In October 2012, Cameroonian Police Chief Martin Mbarga Nguélé met with CAMFAIDS and Human Rights Watch and explained how article 347 bis is intended to be enforced. He stated, “We’re not going to arrest people in their room. It’s after they’re doing some thing publicly that poses a possibility to our society.” a large number of case reviews, under, show in any other case.
nonetheless more caring, in particular in the Cameroonian context by which serious crimes, akin to human trafficking and overseas drug smuggling, commonly go unresolved, law enforcement officials seem to position giant effort into devising innovations to entrap people who're suspected of homosexuality—even when there is no clear proof that these men and women have committed any crime.
In three cases documented here, men, or their members of the family, filed complaints with legislations enforcement officials after receiving unwelcome attention from other men. If such attention rose to the degree of harassment under Cameroonian legislation, it might be of authentic subject to law enforcement officers. despite the fact, none of the “victims” in query filed harassment complaints, nor did they file complaints concerning actual or tried rape or sexual assault. quite, they were without problems aggravated by means of the undeniable fact that they were receiving unwanted consideration from a person (an familiar source of irritation to many girls in Cameroon and elsewhere, which generally doesn't, however, influence in crook investigations).
In all three cases, law enforcement officials conspired with the “victims” to entrap the suspects, via encouraging the “victims” to make dates with their alleged suitors. legislation enforcement officials then pounced, accusing suspects of “attempted homosexuality,” regularly when there became no clear evidence to suggest the accused had any intention of conducting sexual conduct.
circumstances that have been Finalized Case study 000-484 1: Jonas k., Franky D., and Hilaire N. On the night of July 26, 2011, police from the mobile Intervention group of Yaoundé stopped a vehicle that turned into “zigzagging” in the street. The police discovered three people interior the automobile. Two of them, Jonas okay. and Franky D., are transgender. They determine as ladies and have been wearing girls’s clothing.
in line with the police report, when police approached the car, which had pulled over, the people have been “groping” each other’s genitals. one of them, Hilaire N., provided the police 20,000 CFA francs (approximately $40); with the aid of his account, this turned into at the request of the cops. The three were detained for homosexuality and attempted bribery.
They have been held in police custody on the significant Regional Division of the Judicial Police beyond the prescribed forty eight-hour restrict. Police denied them the appropriate to contact their families. in keeping with Jonas k.:
We spent one week on the commissariat. We had no visits and couldn’t name our fogeys. Our parents didn’t know where we have been until we got here [to Kondengui Prison].
each Jonas ok. and Franky D. confessed to “groping” in the vehicle on the night of the arrest and talked about that they had engaged in homosexual behavior in the past, however consequently retracted their confessions, mentioning that they confessed beneath duress.
Hilaire N. turned into released on bail on August 2. He because of this fled and did not seem for extra hearings. On August 23, 2011, the excessive courtroom of Yaoundé-Ekounou rejected a movement submitted via legal professionals Alice Nkom and Michel Togué inquiring for that Jonas and Franky be launched on bail.
The trial took location on November 22, 2011. Franky D. and Jonas k. pled now not responsible, however the court brushed aside their claim that their preliminary confessions have been made below duress. The court ruling additionally puts forth that “[Hilaire N.] additionally admits that he practices homosexuality”—although not one of the police files in the court docket file include facts suggesting that he confessed to homosexuality. Hilaire N. had instructed the police that he believed he become with two young ladies.
In a decision rendered on the equal day, the court docket convicted the three accused, together with Hilaire N., who changed into tried in absentia, of homosexuality. In violation of Cameroonian legislation, the court docket didn't provide the probability to plead extenuating situations, which the protection had organized to plead. All three were sentenced to five years in detention center, plus fines of 200,000 CFA (about $400) each.
The accused’s attorneys filed an appeal right here day. Their submission argued that the decide’s comportment violated the obligation of impartiality and neutrality, which requires judges to “do justice to all with out rancor.” They submitted:
The high court judge didn't disguise his partiality, not to mention his homophobia, taking the accused to project over their style in beverages, their manner of dressing, and concluding that a “ordinary man doesn’t put on skirts, doesn’t drink Bailey’s whiskey, and doesn’t put on a weave.”
The defense additional submitted that article 347 bis violates the Cameroonian charter; that the defendants were illegally held in police custody devoid of authorization of the felony branch, which is only permissible in instances of flagrant délit; that the legislation against homosexuality applies exclusively to “penetration through the male sexual organ of the anus of a further man, which is certainly now not the case here;” and that their valued clientele have been held in police custody for four days before being charged, in violation of the 48-hour restrict.
The significant Appeals court heard the attraction on July 20, 2012. On January 7, 2013, after a lot of delays, it overturned the conviction of Jonas okay. and Franky D. They were released after a year-and-a-half in Kondengui prison. Human rights advocates in Cameroon and abroad celebrated the determination, besides the fact that children the court docket has no longer yet launched its reasoning, which may also supply a good precedent in pursuing other appeals.
Case examine 2: E.A. and F.M. On March 23, 2010, gendarmes caught two men, E.A. and F.M., combating within the highway. The gendarmes interrogated each men. in keeping with the gendarmerie report, F.M. referred to they'd engaged in intercourse in trade for cash, and had because of this had a dispute related to payment. E.A. stated that F.M. had tried to seduce him, however that he had refused.
Gendarmes arrested each men, justifying the arrest by using stating that “the investigation performed allowed [us] to bring together facts against the interested parties presenting critical and constant grounds to suspect that they committed or tried to commit the crime of homosexuality.” They detained the guys on the foundation of flagrant délit, despite the fact the two men had been now not caught within the act of having intercourse.
The guys had been convicted on might also 14, 2010. they'd no felony illustration at trial. by the time their case came to the attention of ADEFHO, the cut-off date for filing an enchantment had handed. The men served out their sentences and were released in late 2010.
Case look at three: Jean Jacques E., Stéphane M., and John V. On March 26, 2010, Douala police arrested Jean-Jacques E., Stéphane M., and John V. (an Australian citizen). John V. had arrived the previous day on a enterprise commute, and had taken a room on the resort Méridien, the place Jean-Jacques E., a friend for several years, joined him.
the next day, Stéphane arrived at the resort Méridien to fulfill John and Jean-Jacques for lunch. When Stéphane requested for John on the reception, he was quizzed by means of a receptionist: “who's John to you?” Stéphane waited in the foyer, however when his pals arrived, they were automatically intercepted by means of two men who delivered themselves as “immigration police inspectors” and recommended them to come back to the immigration office.
Stéphane turned into separated from his friends and interrogated by using an immigration agent about his relationship with Vasek. The agent refused Stéphane’s requests to call his sister and a attorney. When Stéphane denied having engaged in gay conduct with John, the agent threatened him:
You retain enjoying the challenging man, you don’t need to say anything, however we be aware of what you do with the white man. in case you don’t speak, we’ll hold you right here all weekend and nobody will know the place you're and i’ll see in case you don’t speak on Monday.
Stéphane had a doctor’s appointment that afternoon to have the dressings changed on a wound. He instructed Human Rights Watch,
I had been operated on two weeks earlier than, and that i changed into purported to go to the clinic at three pm that day [to change] the dressings. I explained this to them. They instructed me that if I didn’t confess, I didn’t have any correct to the dressings. They deprived me of the dressings, and additionally my medication.
When Stéphane endured to insist, explaining that he had recently been operated on for hemorrhoids, the inspector reportedly noted, “You see what you’re telling me, it’s faggots who have operations on the anus, you’re a faggot.”
After hours of interrogation via immigration officials, the guys were taken to a judicial police commissioner and interrogated all over again. Police statements exhibit that all three guys denied engaging in homosexual habits, but John V. allegedly admitted to having as soon as “cuddled” Jean-Jacques E. in a hotel in South Africa, “a number of years ago,” whereas Jean-Jacques E., interrogated separately, talked about he had kissed John V. in South Africa in 2008. Stéphane continued to disclaim the fees Cuddling and kissing aren't crimes under Cameroonian legislation, the entire less so once they take place backyard Cameroon. On the groundwork of these statements, besides the fact that children, Police Commissioner Aloys Emmanuel Olgane concluded:
in response to the above, the crime of gay practices by using [John V., Jean-Jacques E., and Stéphane M.] is substantiated by means of their statements.
The police positioned the three guys in a conserving telephone. Stéphane changed into denied access to a doctor to alternate the dressings on his wound unless three days later. On Monday, March 29, the guys were taken to the Parquet (prosecutor’s workplace), where they were released on bail.
On June 7, 2010, Alice Nkom, their legal professional, filed a action arguing for the nullification of the charges because of due manner violations. She argued there became no foundation for her valued clientele’ arrest and detention in police custody; that the legislations does not let immigration brokers to “replace themselves for judicial law enforcement officials with the intention to lift our arrests without a warrant or grievance;” and that the immigration police submitted a doc in line with which they were turning over John V., by myself, to the judicial police, without a corresponding paper trail concerning Jean Jacques E. and Stéphane M.’s arrest. She also submitted that article 347 bis violates the charter. The courtroom in no way spoke back to those motions, in violation of article 382(4) of the crook method Code.
The guys were tried of their absence on March 7, 2011. All three guys had fled Cameroon by the time of the trial, and were hence now not represented. The effect of the trial is unknown.
cases with Pending Appeals Following Convictions Case examine 4: Marc-Henri B. and Bruno E. Marc-Henri B. and Bruno E. have been arrested, together with a housemate, Clement N., on September 26, 2010, after a fourth housemate, Emmanuel M., was accused of stealing a laptop from the woman from whom all 4 guys had been renting rooms.
Marc-Henri B. and Bruno E. are nonetheless puzzled by means of the trajectory that led from a case concerning a stolen computer to charges of homosexuality. based on the two men, Emmanuel M. had been arrested several days previous on theft expenses. Gendarmes appeared at their condominium on September 26, and stated they have been conducting a search involving Emmanuel M.’s arrest. The guys welcomed the gendarmes into the house, believing they'd nothing to cover. but the attitude of the gendarmes changed into confrontational from the beginning.
Marc-Henri B. recounted to CAMFAIDS and Human Rights Watch his surprise on the turn of activities that ended in him being arrested, together with Bruno E. and Clement N. As he recalled:
It started with a story of a desktop, and have become a story of homosexuality. The identical nighttime, we have been locked up.
When the gendarmes came … they pointed out they had come concerning the computer and that in the event that they discovered any medicine, they might arrest everybody. They didn’t locate anything else [drugs], however told us to come with them for more guidance. that they had no warrant. They had been 4 gendarmes from the SED [the Defense Ministry, le Secrétariat d'Etat à la defense]. We adopted them to the submit.
They asked us questions. that they had discovered condoms and lubricant in the residence, that’s why they asked us to include them. each of us was taken into a special workplace. They requested, “‘Glisse entre mecs’ [‘slide between guys’], what’s that?” I said “I don’t understand anything about it. I live within the condominium, however the condoms and lubricants aren’t mine.”
They requested me, “considering when have you been homosexual?” I requested, “Why are you asking me questions like that?” … I refused to reply to the questions…. They accused us of going out with ministers [of the government]. They asked, “What’s the name of the minister that you just go out with?” I haven’t long gone out with ministers… They took us into custody.
facts from the gendarmerie’s preliminary investigation allege that after Emmanuel M. become searched upon arrest, he was discovered with “condoms and lubricant labeled ‘glisse entre mecs’ (‘slide between guys’) with mention of ‘homosexual for gay use,’” and that Emmanuel M. advised them he received the condoms and lubricant from his housemates. This led the gendarmes to request authorization from the prosecutor of the republic to examine “suspicions of homosexual practices” with the aid of Marc-Henri B., Bruno E., and Clement N.
As Marc-Henri B. recounted, the three guys have been detained on the Brigade du Lac, apparently on the basis of the invention of condoms and lubricant, and were quizzed about their alleged homosexual habits. The statements (procès-verbaux), taken by using Captain Dieudonné Donfack and Marshal Yougouda Sambo, reveal that among the questions put to Marc-Henri B. figured the query, “What homosexual community do you belong to?” Bruno E. became additionally requested about his membership in a “homosexual network.” each Marc-Henri B. and Bruno E. refused to sign the statements taken by way of the gendarmes, files that allege that both men admitted to conducting gay behavior during the past.
After over per week in custody, on October 4, Marc-Henri B., Bruno E., and Clement N. have been taken to a militia doctor, Annie Ngabala, for anal examinations. Ngabala’s file states that one of the most guys “seemed typical” however that “the digital rectal examination displays a rectal cavity, which leaves nevertheless a doubt involving sexorectal exercise;” that an additional had anal lesions and “rectal hollowness, which means usual and longstanding sexorectal activity;” and that a 3rd had “just a few fleshy bumps and a hollowness, certainly suggesting sexual recreation however of average degree.”
despite Dr. Ngabala’s distinctive descriptions of the men’s anal cavities, Marc-Henri B. and Bruno E. say that the anal tests in no way took place. according to Marc-Henri B.,
She didn’t touch me, she just checked out me. She asked me questions, ‘Why do you try this? You’re destroying yourself.’ Then they took us lower back to the gendarmerie.
by way of this time, the prison restrict for pre-can charge detention—forty eight hours in Cameroon—had long handed. in all probability anxious to produce evidence to justify the arrest, the investigator, Yougouda, slapped Marc-Henri B. a number of instances, Marc-Henri B. advised CAMFAIDS and Human Rights Watch. both guys mentioned that gendarmes requested them for bribes in change for their liberate, which they didn't pay. Clement N. become launched, for unknown reasons.
On October 5, Marc-Henri B., Bruno E. and Emmanuel M. have been taken to the Parquet. There, Emmanuel M. was launched. The prosecution found that the gendarmerie file lacked satisfactory facts to incriminate any of the men. despite the fact, instead of ordering their free up, the prosecutor ordered that Marc-Henri B. and Bruno E. be lower back to custody and that the file be again to the gendarmes for further “tips.” the two guys were placed in custody at the police commissariat for a night, then lower back to the gendarmerie brigade.
On October 7, both guys have been taken to Kondengui prison. The prosecutor signed a provisional detention warrant, in violation of Cameroon’s crook manner Code, which states that prosecutors can most effective sign the sort of warrant “in case of flagrant délit.” In other situations, a decide have to authorize pretrial detention. Nkom submitted a motion contesting the legality of the pre-trial detention, but the courtroom dismissed the movement.
The trial took vicinity on December 24, 2010. On January 28, 2011, a decide convicted each guys of “homosexuality” and sentenced Marc-Henri B. and Bruno E. to 6 months in jail and a nice of 39,300 CFA francs ($seventy eight.60). In saying the verdict, the choose did not study 000-484 the total judgment, and did not explain the grounds on which both guys have been convicted, in accordance with their attorney, Michel Togué. He defined, “The legislation says the decide has to read 000-484 the entire judgment, however normally they simply examine the court docket’s disposition—as in this case. I don’t know if the condoms had been regarded as facts.”
Bruno E. believes the choose knew the prices had no foundation, but become beneath drive to convict:
The courtroom annulled every little thing, but sentenced me to 6 months. probably as a result of this case changed into spoke of an awful lot. There changed into pressure on them. The decide wanted to offer protection to herself; she didn’t wish to take a chance.
On February 15, 2011, Togué submitted a movement to attraction the verdict. but an appeals listening to has never been scheduled, and astonishingly, essentially two years later, there is still no written judgment purchasable.
Marc-Henri B. and Bruno E. had been released on April 7, 2011.
When CAMFAIDS and Human Rights Watch expressed difficulty about this case to Cameroon’s Police Chief Martin Mbarga Nguélé—stating that such arrests, with the aid of environment a precedent for the use of condoms and lubricant as proof of criminal activity, might have a chilling effect on HIV/AIDS prevention work among guys who have sex with men—Mbarga Nguélé advised them, “we now have essential problems to unravel in Africa. Condoms is not considered one of them.”
Case study 000-484 5: Roger M. Roger M. changed into arrested on March 2, 2011, in response to a couple of textual content messages that he despatched to C.F. the primary message confessed his “desire to sleep with a man”; a 2d message proposed that Roger and C.F. talk about Roger’s feelings, and a 3rd message declared, “I’ve fallen in love with you.”
C.F. complained to the gendarmerie, and arranged with them that he would invite Roger M. to his home so that gendarmes may arrest Roger. At this aspect, in response to Roger’s lawyer, Michel Togué, there become no facts that any crime beneath Cameroonian legislations had been committed, in that none of these messages to C.F. constituted facts of precise or tried gay habits. however, gendarmes went to C.F.’s home that evening and arrested Roger, with no warrant.
Roger become taken into custody, the place he says he changed into beaten. He recalled:
I spent seven days at the brigade. I didn’t have access to a attorney. I had no opportunity to call my friends. no person knew the place i used to be. They called me all the time to interrogate me, and that i refused.
i used to be beaten on the third day, after refusing to speak on the first and the second day. Then they didn’t name me except the seventh day.
The interrogator… referred to as his pal, a gendarme, to beat me. The gendarme punched me in the mouth. He saved hitting me, tore my shirt. They threw away my shoes. once I went to the Parquet, i used to be barefoot, like a bandit.
based on the gendarme’s document, Roger had confessed to having engaged in sexual relations with three men in the past. All three guys had been summoned for questioning; just one, J.T., complied. He denied accomplishing sexual members of the family with Roger. The gendarmes’ “commentary of investigation” fees Roger with homosexuality on the foundation that he had engaged in homosexual habits with J.T. and two others; right here page of the same doc, despite the fact, states the gendarmes’ contradictory discovering that J.T. didn't interact in sexual family members with Roger. J.T. turned into no longer arrested. The different two “suspects” have been under no circumstances interrogated.
Roger was also charged with “attempted homosexuality” on the groundwork that he “tried to have sexual members of the family with” C.F. The gendarmes’ statement of investigation claims that “The acts of [Roger M.] have been now not completed only as a result of circumstances past his control, including the reticence of [C.F.],” without offering any groundwork for the supposition that Roger’s intention become to engage in gay conduct.
On March 7, three days past the prison restrict for pre-cost detention, the gendarmerie addressed a letter to the prosecutor requesting authorization to cling Roger M. for an extra ninety six hours “to proceed the investigations.” He became eventually taken earlier than the Parquet on March 9. He recalled, “all and sundry within the court docket began to cry out and insult me—even the decide, Mr. Dairou, and the prosecutor.”
The trial took place here day. Roger had no prison representation. His text messages, together with emails in his inbox, were presented as facts. He recalled, “They didn’t ask me questions. once I stood up to move to the bar [to take the stand] it was simply shouts and insults.”
Roger M. became convicted on April 28, 2011, and sentenced to a few years in Kondengui detention center. attorney Michel Togué, who realized of Roger’s case at his sentencing listening to, took up Roger’s defense and appealed the decision on might also three, challenging the evidentiary groundwork of the conviction; he argued that “the high court decide based his determination on SMSs on my own, absent any try to commit a crime, the petitioner being guilty of nothing however sending messages.”
certainly, the judgment exhibits that the only foundation for his conviction became the textual content messages, along with Roger’s own alleged confession that he had “engaged in sexual members of the family with a few men.” The courtroom claimed that an e-mail present in Roger’s account constituted additional proof of his homosexuality, but prosecutors had offered no evidence involving the identity of the sender. A confession alone can not serve because the basis of a conviction, in line with the Ministry of Justice.
Togué additionally filed a movement asking for that Roger, a college scholar pursuing a masters’ diploma, be released on bail all the way through the period of the appeals manner with the intention to proceed his experiences. The action become granted on July sixteen, 2012, and Roger became provisionally released whereas his appeal became pending. youngsters, on December 17, the primary Appeals courtroom upheld Roger’s conviction. Sources in Cameroon say that Roger is currently in hiding. His lawyers have filed an enchantment at the Supreme court docket.
cases Pending before Trial court docket or Pending Appeals into Preliminary matters Case study 000-484 6: L.I. On August 28, 2010, a municipal respectable in Kribi pronounced to the external Intelligence (course générale de la recherche extérieure, DGRE) workplace that her more youthful brother, M.B., was being “burdened” by means of L.I., a village chief, who had “made a announcement of love” towards him. Over the following couple of days, the officer suggested that L.I. become calling her brother “continually” and that he had provided her brother cash in trade for sex.
although M.B. in no way filed a harassment complaint, the intelligence officers determined to lure L.I. They informed M.B. to make a date with L.I. and to keep them counseled.
On August 31, intelligence agents followed M.B. and L.I. to the special area, an isolated seashore in a neighborhood called Nziou, and surrounded the enviornment. in line with the DGRE report,
as soon as on the place, Mr. I … undressed and desired to commit the act when brokers from the DGRE Liaison workplace emerged from their hiding place and overpowered the aforementioned, whom they then took, absolutely naked, to the Liaison office on the request of the chief of that office…. After just a few photos were taken with the aid of the enterprise Commandant, Mr. I… was authorized to get dressed. different pictures were additionally taken on the operation stage at Nziou.
The intelligence officers then turned L.I. over to the custody of the Kribi Gendarmerie company. A report from the gendarmerie confirms that L.I. became forced to walk bare from the seaside to the intelligence workplace.
Gendarmes charged L.I. with “public indecency” and “tried homosexuality.”
There are numerous due method violations during this case, together with the indisputable fact that external intelligence officials don't have any mandate to examine common crimes, and the intelligence professional’s remedy of L.I.—forcing him to stroll bare from the beach to the DGRE workplace—constitutes degrading medication beneath the conference towards Torture, to which Cameroon is a state birthday celebration.
L.I. said to his attorney that DGRE brokers forced him to undress, and that they beat him all over the arrest. His case file comprises a scientific file signed through Dr. Pierre Ngue Ngue, dated September 2, 2010, which states that he become handled for bruising on the upper lip; in accordance with the record, “The patient says he became overwhelmed by way of two men on 31/08/10 at round 9 p.m.”
The costs brought in opposition t L.I. are questionable. “deepest indecency” in opposition t an adult is simply applicable when the different birthday celebration doesn't consent, however no act took area to which M.B. did not consent. M.B.’s personal remark suggests that he asked L.I. to undress, and then partially undressed himself; evidently, none of this turned into with out consent. L.I., on his half, claims he become pressured to undress via intelligence agents. in keeping with Togué, “tried homosexuality” would only be a legitimate can charge if prosecutors may prove that the gendarmerie report states that L.I. “had the company intention to have intercourse” “with M.B., but the record doesn't put ahead evidence to this impact.
L.I.’s attorney, Alice Nkom, submitted a motion calling for dismissal of the case due to the unconstitutionality of article 347 bis. The tribunal dominated on January 18, 2011, that it changed into not read 000-484y to choose the constitutionality of the article. Nkom appealed this choice, but turned into unable to interact fully with his appeal, as the case become transferred to the Appeals courtroom of Ebolowa, removed from Douala. A listening to in the case become scheduled in Ebolowa for March 19, 2013.
Case look at 7: Samuel A. and A.N. Samuel A., an adult, and A.N., a minor of sixteen years, had been arrested on June 25, 2012, by way of police from the mobile Intervention group No. 2 of Littoral, Douala.
in line with police statistics, Samuel A. and A.N. met on an internet website and made a date to satisfy at Samuel’s condominium. After engaging in sex, A.N. allegedly requested for money from Samuel, who refused to pay him, however agreed to provide A.N. his computing device as a kind of collateral for subsequent fee. A.N. left the condominium with the laptop. Samuel then chased A.N. into the highway, accusing him of theft. A crowd gathered and tried to lynch A.N., however police arrived and extracted him. after they realized that the altercation “changed into rooted in a dispute between a gay couple,” they arrested each Samuel and A.N. Police then searched the computing device, and stated that they discovered photographs of Samuel engaged in homosexual behavior.
Samuel A. and A.N. had been each detained in police custody for eight days, beyond the criminal limit of 48 hours. in line with Samuel, he was beaten by means of police:
on the commissariat i used to be crushed through the police, with billy golf equipment and belts. They beat me because they saw the photographs. They interrogated me and requested how I all started that, and who I exit with. I advised them i wanted to look a attorney. They didn’t pay attention.
i was saved in police custody for days… i was kept naked, in a cell with others. I slept on the floor naked.
during this time, Samuel A. was now not allowed contact along with his family.
On July 2, Samuel A. and A.N. were taken to the Parquet. each had been charged with homosexuality, and Samuel turned into charged with “offense towards a minor.” They have been transferred to Douala’s New Bell reformatory. Following an application from his lawyer, Michel Togué, Samuel was launched on bail on November 6. Samuel mentioned A.N., whom researchers had been unable to reach, become released a while prior. fees towards each Samuel and A.N. are nonetheless pending at this writing.
as a result of A.N. is a minor of 16 years, Samuel become charged with two separate crimes: offense in opposition t a minor and homosexuality. Homosexuality with minors between the a long time of sixteen and 21 is punished with double the penitentiary terms for homosexuality with men and women above this age. hence, Samuel faces up to ten years, double the time in detention center as he would for having intercourse with an adult male. Adults who have interaction in consensual sexual members of the family with minors between sixteen and 21 years of the contrary sex face no criminal penalties, a contradiction that highlights the discriminatory nature of Cameroon’s legal guidelines.
while Samuel became in reformatory, his spouse died on account of a motorbike accident. He turned into no longer allowed out of reformatory to attend her funeral.
Case look at 8: Esther B. and Martine A. On February 9, 2012, a man named Philémon A. pronounced to the gendarmerie that a lady had come to his place of work the previous day and instructed him to preserve his spouse, Léonie D., faraway from the lady’s “husband,” Esther. Philémon A. filed a grievance in opposition t “Esther and others” for defamation and homosexuality.The same day, Philémon, accompanied by using a gendarme, came to the residence which Martine A. – the lady who had allegedly visited Philémon’s office – shared with Esther B. The gendarme had two clean summonses. He asked for the two girls’s IDs and crammed of their names in the summonses, which required them to report to the brigade right here morning.
Gendarmes wondered all three ladies the following day. Léonie D. claimed Martine A. had defamed her with the aid of telling her husband that she turned into sound asleep with a woman. in accordance with statistics of their interrogations, Léonie turned into asked about whether she had engaged in gay behavior with Esther, and denied it. Esther allegedly confessed to conducting gay relationships with each girls.
Gendarmerie captain Jean-Claude Zé Mvélé positioned all three ladies in custody on suspicion of homosexuality. Their detention was in violation of the criminal manner Code, as it turned into no longer authorized through a prosecutor.
The ladies were taken before the prosecutor on February 14, 2012, two days past the prison limit. The prosecutor launched Léonie D., pointing out that at this factor, handiest Martine A. and Esther B. had been charged with homosexuality. They had been additionally charged with defamation. A memo from the gendarmerie to the prosecutor states that for Djuila, there turned into “insufficient facts.” Martine and Esther have been launched on bail and told to come back to courtroom on February 16. at the listening to, each ladies pled guilty to homosexuality fees.
In March 2012, Martine and Esther’s attorney, Alice Nkom, introduced a motion to nullify the technique, on the foundation of due manner violations dedicated all through their arrest and time in custody. The courtroom rejected the movement. Nkom then appealed earlier than the Southern Appeals courtroom. At time of writing the appeal had no longer yet been heard. the two women remained free on bail, with charges nonetheless pending towards them.
Case study 000-484 9: Joseph O., Séraphin N., N.N., and E.L. In August 2011, Joseph O. became arrested after B.Z., an adult male, suggested him to the gendarmerie, claiming Joseph O. had made advances towards him. Gendarmes conspired with B.Z. to “surprise” Joseph O. at his domestic on August sixteen, 2011, “for the time being that he attempted to have sexual relations with [B.Z.],” according to court information.
The gendarmes arrived and not using a arrest warrant or search warrant. besides the fact that children, the courtroom record additionally states that they nevertheless entered and searched Joseph O.’s home, seizing “a couple of objects that left little question in regards to the aforementioned’ s gay activities.” These objects blanketed condoms and lubricant, described by way of the court docket as “lubricant for the anus” and “homosexual male condoms”—hasty conclusions since condoms and lubricant are used by using both heterosexual and homosexual couples.
The home is inviolate, in response to Cameroon’s charter, and as cited above, Cameroon’s police chief has cited that the legislations towards homosexuality can't be applied to individuals who interact in consensual homosexual habits in the privacy of their homes. youngsters, this is precisely what gendarmes tried to do during this case. B.Z. was at Joseph O.’s home of his personal volition, and there is no evidence in the prison statistics that Joseph O. attempted to engage in nonconsensual sexual habits with B.Z.
Joseph O. changed into arrested and brought into custody at the Gendarmerie Brigade of Yaoundé I. day after today, his relative, Séraphin N., visited the brigade to try and see him. Séraphin N. become accompanied via N.N., a 17-yr-old orphan and highway boy whom Joseph O. had taken into his home, providing him work at a construction website. They have been both arrested as smartly, on suspicion of identical-intercourse habits. Gendarmes then searched Séraphin N.’s condominium and arrested an additional 17-year-ancient boy they found there, E.L., on the same fees.
The four had been held in custody at the brigade from August sixteen to August 26, smartly past the felony restrict of forty eight hours prescribed by way of legislations. Joseph O. and probably the most minors have been subjected to anal examinations through a armed forces doctor.
Joseph O. and Séraphin N. were firstly charged with homosexuality and “indecent offense in opposition t a minor below sixteen years adopted by using sexual members of the family,” youngsters law enforcement officials later found that neither of the boys become beneath sixteen years and eliminated this cost. Joseph O. changed into additionally charged with “offense towards a minor of 16 to 21 years.” N.N. and E.L., both minors, were charged with homosexuality.
Nkom and Togué, representing all the defendants, filed a action to nullify the case according to due system violations together with the violation of the inviolability of the domestic and the ill-medicine of the defendants in custody, including anal examinations and harsh interrogation methods.
The high court docket of Mfoundi dominated on July 20, 2012 that there was no unlawful violation of the inviolability of the home and that a search warrant turned into now not required because the gendarmes had “elaborated a technique aiming to shock the aforementioned in flagrant délit of homosexuality.” It argued that no search warrant is needed when somebody is trapped in flagrant délit. but when the gendarmes arrived at Joseph O.’s domestic he become no longer engaged in homosexual habits.
The courtroom further dominated that the anal examination of Joseph O. did not represent unwell-medicine, and that “there is not any evidence in the court cases that the accused were now not given sufficient time to rest between interrogations.”
The decide ordered that the case should still proceed to trial as far as prices towards Joseph O., Séraphin N., and N.N. had been involved, but that there turned into no facts towards E.L. N.N. allegedly confessed all the way through interrogation to accomplishing gay behavior with Joseph O., in keeping with court data. the only proof towards Séraphin N. became a claim with the aid of one in every of his co-defendants that he had engaged in homosexual habits with a third celebration, who was now not a minor.
N.N. turned into launched on bail on July 18, 2012. E.L. turned into launched definitively. At time of writing, Joseph O. and Séraphin N. remained in Kondengui penitentiary expecting trial.
Case look at 10: E.F., G.M., L.N., and R.X. On December 26, 2011, a gaggle of young men in Kumba, a small town in Southwest vicinity, went to a friend’s residence after spending the evening ingesting. an extra neighborhood of young men from the local came to undercover agent on them during the window. L.N., one younger man who turned into current on the condominium that evening, referred to he believed the neighbors have been spying as a result of they suspected the apartment’s tenant, who was no longer latest throughout the incident, become homosexual.
The neighbors knocked on the door. When L.N. and his pals answered, the neighbors claimed they had viewed two individuals kissing, and demanded funds in exchange for not reporting them. L.N. and his friends did not have money, so the neighbors forcibly took a gas canister from the condo, announcing they might dangle it as collateral in alternate for future payment.
day after today, L.N. alerted ok.X., the friend in whose apartment the incident had passed off. k.X. counseled they confront the neighbors to get returned the gas canister. once they arrived, a group of men locked them in a room in ok.X.’s apartment, and “about 20” of them then entered, in accordance with L.N., while others waited backyard:
They began a