Thursday, November 7, 2019

Military soldier abuses: army charges 'Beti Assomo'

Formerly serving in the army, a retired captain is on trial at the Ministry of Defense. He complains of various abuses, including that his former user administration has ignored some of his feats of arms, acts of bravery worth national recognition. He claims compensation. The court finds its action unfounded.

Has the Ministry of Defense (Mindef) ignored the acts of bravery of one of its agents today abandoned to his fate after two serious accidents that occurred on the battlefield? In addition, has the administration been deprived of the possibility of medical evacuation abroad for the purpose of appropriate treatment to overcome its ills? This is in any case the thesis that last week supported Captain Nkoa Fouda Emmanuel. The retired soldier was fighting for the Administrative Court of Yaoundé to grant him what the army refused him until the end of his stay at the corporation: taking into account what he considers to be exceptional performances at the front. By ignoring his feats of arms, he argues, the Mindef caused him immeasurable harm. He demands redress. To his misfortune, the judges did not let themselves be moved by his story. 

On October 22, his motion was found to be without merit. Emmanuel Nkoa Fouda wanted the administrative judge to "order" Mindef to finally proceed to its medical evacuation out of Cameroon as decided a few years ago by the Ministry of Public Health (Minsante) after consulting specialist doctors. The latter had felt at the time when their opinion on his case had been required, that the poverty of the local technical plateau could not allow the concerned still in activity at that time to enjoy proper care. The Cameroonian portal of Belgium. Reason why, they had opted for a "yes" in favor of its medical evacuation. The complainant states that Mindef never agreed. The second concern of the military is that the state would have denied him the benefit of advancement in exceptional rank in violation of the regulatory texts while he had been valiant in the field of war. He wanted this merit to be recognized and that consequently, a monthly pension valued at 2 million francs would be allocated to him to cover the expenses related to his care. 


What had happened in the theater of operations? Few elements are apparent from the story of the soldier. He just stressed that he was on a mission when he was the victim of two serious accidents. He ended up with the perforated belly, viscera, colon and others damaged by the violence of the shock. A first surgical intervention took place. A graft "from a dead" and qualified as "incompatible" by Mr. Nkodo Son Jean Jacques, his advice, would have been implanted in the abdomen. The cells would not have joined, he continues. This explains why his client is forced to spend on an operating table every six months. He therefore needs a durable solution or, better, a definitive solution. Reason why, the captain had made a request for care and medical evacuation supported by the Minsante. According to him, Mindef was not willing to make use of such a possibility, since despite the favorable opinions of the Ministry of Health, his file remained unanswered. When he retires and is the only one to pay expensive health costs, he claims a monthly pension in compensation for the services rendered to the nation. 

Called to trial, Mindef opted for silence. As regards the first part of the complaint, the Public Prosecutor's Office maintains that it does not fall within the jurisdiction of the Administrative Court. The intervening magistrate makes it clear that it is not up to this jurisdiction to order the State to carry out a medical evacuation. Such a request being assimilated to an injunction. The administrative judge is not competent to give it to the administration. The second part of the claim is equally problematic. The public prosecutor considers that the facts evoked, namely accidents that the complainant considers to be acts of arms, are highly appreciated by the military administration, whereas the recognition of acts of bravery is, in turn, a discretionary power. of the President of the Republic. The appeal would therefore be without foundation. On both sides of the claim, the court fully shared this view.