[
* The information
submitted by
For
the initial report of
A supplementary report (CAT/C/5/Add.26) was submitted on 25 April 1991 and considered on 20 November 1991 (CAT/C/SR.101 and 102, and Official Records of the General Assembly, Forty-seventh Session, Supplement No. 44 (A/47/44), paras. 244-284).
For the second periodic report, see CAT/C/17/Add.22; for its consideration, see CAT/C/SR.448, 451 and 454 and Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 44 (A/56/44), paras. 60-66.
The annexes to the present report may be consulted in the files of the secretariat.
CONTENTS (by paragraphs)
Introduction ................................................................................................ 1 - 7
PART ONE: LEGAL FRAMEWORK ................................................... 8 - 46
PART TWO: INFORMATION ON NEW MEASURES
AND
NEW DEVELOPMENTS RELATING TO THE
IMPLEMENTATION OF THE
CONVENTION (arts. 1-16) .............................................
47 - 225
Article 1 ......................................................................................... 47 - 49
Article 2 ......................................................................................... 50 - 145
Article 3 ......................................................................................... 146 - 150
Article 4 ......................................................................................... 151 - 158
Article 5 ......................................................................................... 159 - 164
Article 6 ......................................................................................... 165
Article 7 ......................................................................................... 166 - 167
Article 8 ......................................................................................... 168 - 175
Article 9 ......................................................................................... 176 - 178
Article 10 ....................................................................................... 179 - 187
Article 11 ....................................................................................... 188 - 189
Article 12 ....................................................................................... 190
Article 13 ....................................................................................... 191 - 204
Article 14 ....................................................................................... 205 - 213
Article 15 ....................................................................................... 214 - 218
Article 16 ....................................................................................... 219 - 225
PART THREE: INFORMATION ON THE
CONCLUSIONS
AND RECOMMENDATIONS FORMULATED
BY THE COMMITTEE AT THE CONCLUSION
OF ITS CONSIDERATION OF THE SECOND
PERIODIC REPORT OF
I. INTRODUCE A MECHANISM INTO ITS LEGISLATION
FOR THE FULLEST POSSIBLE COMPENSATION AND
REHABILITATION OF THE VICTIMS OF TORTURE .......
228 - 230
II. INTRODUCE PROVISIONS INTO ITS LEGISLATION
ON THE INADMISSIBILITY OF EVIDENCE OBTAINED
THROUGH TORTURE, EXCEPT IN THE CASE OF
ACTS CARRIED OUT AGAINST THE PERPETRATOR
OF TORTURE IN ORDER TO PROVE THAT AN ACT
OF TORTURE HAS BEEN COMMITTED ...........................
231 - 232
III. TAKE ADVANTAGE OF THE PROCESS OF
CODIFICATION ALREADY UNDER WAY TO BRING
CAMEROONIAN LEGISLATION INTO LINE WITH
THE PROVISIONS OF ARTICLES 5, 6, 7 AND
8 OF
THE CONVENTION .................................................................. 233
IV. ENSURE THE EFFECTIVE IMPLEMENTATION OF THE
INSTRUCTIONS FROM THE MINISTER OF JUSTICE
THAT
ONLY WHEN ABSOLUTELY NECESSARY AND THAT
PROVISIONAL RELEASE SHOULD BE THE RULE,
ESPECIALLY SINCE THIS COULD HELP TO
DEAL
WITH THE PROBLEM OF PRISON OVERCROWDING
........
234 - 251
V. CONSIDER TRANSFERRING RESPONSIBILITY FOR
PRISON ADMINISTRATION FROM THE MINISTRY
OF THE INTERIOR TO THE MINISTRY OF JUSTICE
........... 252 - 269
VI. CONSIDER ABOLISHING THE SPECIAL FORCES
ESTABLISHED TO
ROBBERY, WHILE AT THE SAME TIME
LIFTING THE FREEZE ON THE RECRUITMENT
OF LAW ENFORCEMENT OFFICIALS .................................. 270 - 280
VII. PURSUE ENERGETICALLY ANY INQUIRIES
ALREADY UNDER WAY INTO ALLEGATIONS OF
HUMAN RIGHTS VIOLATIONS AND, IN CASES
WHICH HAVE YET TO BE INVESTIGATED,
GIVE THE ORDER FOR PROMPT AND IMPARTIAL
INQUIRIES TO BE OPENED AND INFORM THE
COMMITTEE OF THE RESULTS ........................................
281
VIII. ENSURE SCRUPULOUS RESPECT FOR THE HUMAN
RIGHTS OF PERSONS ARRESTED IN THE
CONTEXT OF EFFORTS TO
ROBBERY .............................................................................
282 - 283
IX. PURSUE THE TRAINING PROGRAMME FOR LAW
ENFORCEMENT PERSONNEL IN HUMAN
RIGHTS, WITH PARTICULAR REFERENCE TO
THE PROHIBITION OF TORTURE .....................................
284
X. CONSIDER ESTABLISHING A REGULAR SYSTEM
TO ASSESS THE EFFECTIVENESS OF THE
IMPLEMENTATION OF LEGISLATION ON THE
PROHIBITION OF TORTURE, FOR INSTANCE BY
MAKING THE BEST USE OF THE NATIONAL
COMMITTEE ON HUMAN RIGHTS AND
NON-GOVERNMENTAL HUMAN RIGHTS
ORGANIZATIONS ...............................................................
285
XI. SCRUPULOUSLY MAINTAIN A REGISTRY OF
DETAINED PERSONS AND MAKE IT
PUBLICLY ACCESSIBLE ....................................................
286
Lists of annexes 55
Introduction
1.
On 19 December 1986 Cameroon acceded, without any reservations, to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (hereinafter referred to as “the Convention”), adopted by the
General Assembly of the United Nations on 10 December 1984. The Convention entered into force for
2.
Under article 19, paragraph 1, of the Convention, States parties are
required to submit to the Committee against Torture reports on the measures
they have taken to give effect to their undertakings under the Convention,
within one year after the entry into force of the Convention.
Thereafter, States parties submit supplementary reports every four
years on any new measures taken and such other reports as the Committee may
request.
3.
4.
The information due to be submitted to the Committee in 1992 and 1996,
in accordance with Cameroon’s quadrennial treaty obligation, was provided
in Cameroon’s consolidated second periodic report, covering the period from
1988 to 1996 (CAT/C/17/Add.22).
5. On
6. The Committee considered Cameroon’s second periodic report at its 448th, 451st and 454th meetings, held on 20, 21 and 23 November 2000 (CAT/C/SR.448, 451 and 454), and adopted its concluding observations on 6 December 2000 (A/56/44, paras. 60-66).
7. In accordance with the general guidelines
adopted by the Committee at its sixth session on
PART
ONE: LEGAL FRAMEWORK
8. Between 1990 and 2000,
9. It was in this context of political
liberalization that multiparty elections were held. Cameroon was a de facto one-party State from
1966 to 1990, when Act No. 90/56 of 19 December 1990 on political
parties was promulgated, providing for the establishment
of a genuine multiparty system. Five
elections have been held since the change:
(a) In 1992, 5 political parties took part in the presidential election and 32 in the legislative elections;
(b) In 1996, 36 political parties took part in municipal elections: town councillors from 15 parties were elected and many town halls were taken over by opposition parties;
(c) In 1997, 9 political parties each fielded a candidate in the presidential election and 44 political parties took part in the legislative elections. The 1997-2002 legislature consisted of deputies from seven political groupings.
10. Among the institutional innovations
engendered by the liberalization process was the creation, on
11. In
1996 a decisive turning point was reached in the consolidation of the rule
of law. The Constitution adopted
by referendum on
12. Under article 37 of the Constitution, justice is administered in the Republic in the name of the Cameroonian people. Judicial power is held by the Supreme Court, the courts of appeal and the ordinary courts.
13. Under article 38, the Supreme Court is the highest court in the State with competence for judicial, administrative and auditing matters. It comprises a judicial division, an administrative division and an audit division:
(a) The judicial division (art. 39) issues final rulings on appeals upheld by law against final judgements handed down by courts and tribunals of the judicial system;
(b) The administrative division (art. 40) examines all administrative disputes involving the State and other public authorities. It examines appeals arising from disputes over regional and municipal elections;
(c) The audit division (art. 41) is competent to audit and issue final rulings on public accounts and those of public and semi-public enterprises.
14. Each of the Supreme Court’s three divisions issues final rulings on final judgements handed down by the competent lower courts and considers any other disputes or matters expressly devolving upon it by law. The newly restructured administrative court will include the new administrative division of the Supreme Court, as an appeals body, as well as the administrative tribunals due to be established throughout the country, in a reversal of the previous situation where there was only one administrative court, namely the Supreme Court at Yaoundé.
15. The amended Constitution of 1996 established the Constitutional Council, which has competence for constitutional matters. This is the regulatory body responsible for overseeing the running of institutions. The Council delivers final rulings on:
The constitutionality of laws, treaties and international agreements;
The constitutionality of rules of procedure of the National Assembly and the Senate prior to their implementation;
Conflict of authority between State institutions, the State and the regions, and between the regions themselves.
16. Prior to their enactment, laws, treaties and international agreements may be referred to the Constitutional Council by the President of the Republic, the President of the National Assembly, the President of the Senate, one third of the members of the National Assembly, one third of the members of the Senate, or the presidents of the regional executives.
17. The Constitutional Council ensures the regularity of presidential elections, parliamentary elections and referendums. It also proclaims the results thereof.
18. The constitutional functions of the Supreme Court have thus been largely revamped and passed on to the Constitutional Council. For example, judicial monitoring (direct or collateral challenge) of the constitutionality of laws, which used to be very limited, has been opened up and completely overhauled.
19. However, pending the full functioning of this body, the Supreme Court continues to carry out its duties.
20. There is also the Parliamentary Court of Justice, which has been given broader personal jurisdiction. It is competent to adjudicate acts carried out in the course of their duties by:
The President of the Republic, in cases of high treason;
The Prime Minister, other members of the Government and other top government officials to whom power has been delegated, in cases involving conspiracy against State security.
21. With regard to the administrative system, the Constitution established 10 regions to replace the 10 provinces that had existed since 1984 and were nothing more than decentralized administrative districts. Unlike its 1972 predecessor, the Constitution devotes all of its part X to the decentralized authorities of the Republic, namely the regions and communes. These are bodies corporate under public law, enjoy administrative and financial autonomy in the running of regional and local affairs and are independently managed by the regional councils. The councils have responsibility for promoting the development of these authorities in the economic, social, health, educational, cultural and sporting domains and are overseen by the State.
22.
23. In
the fight against torture, two laws of
(a) Act No. 97/009, which amended and supplemented certain provisions of the Criminal Code and introduced article 132 bis, entitled “Torture” into the chapter on offences committed by public officials in the discharge of their functions. This new article, which reproduces, mutatis mutandis, the definition of torture contained in the Convention, also prescribes the penalties to be imposed on persons who perpetrate acts of torture. It furthermore recalls the absolute nature of the right of every person to be protected against torture and excludes any derogation from the prohibition of torture;
(b) Act No. 97/010 amending certain provisions of the Extradition Act, No. 64/LF/13 of 26 June 1964, satisfies the requirements of article 3 of the Convention prohibiting the expulsion, return (refoulement) or extradition of persons to receiving States where they would be in danger of being subjected to torture.
24. The
dissemination of human rights with a view to their effective realization is
being facilitated by the media in the context of the liberalization of
the media environment in
25. On
26. The
transformation of
27. The
fight against torture and other ill-treatment is certainly one of the central
focuses of these liberal reforms. This
liberal environment brings into sharper focus both the development of the
judicial and democratic culture of the people and the implementation of the
Convention to which
28. The Cameroonian Constitution of 1972 ensured harmonization between international commitments and domestic legislation. The Constitution of 1996 clarifies that relationship still further. Article 45 of the Constitution stipulates: “International treaties or agreements which have been ratified take precedence, as soon as they have been published, over national law, provided that each such agreement or treaty is implemented by the other party.” Leaving aside the rule of reciprocity, the same can be said of treaties or agreements concerned with the protection of human rights, including, in particular, the Convention.
29. In this light, the Convention takes precedence over domestic law. Its provisions may be directly invoked before the national judicial and administrative authorities, which may directly apply them without needing to make provision for them through the adoption of a domestic law.
30. One of the major innovations brought about by the 1996 constitutional reform was the greater recognition given to human rights. The preamble to the Constitution, which was improved and developed, takes even fuller account of the democratic aspirations of the Cameroonian people and specifies some new rights.
31. Having declared that the human person, without distinction as to race, religion, sex or belief, possesses inalienable and sacred rights, the people of Cameroon affirm their attachment to the fundamental freedoms enshrined not only in the Universal Declaration of Human Rights and the Charter of the United Nations, but also in the African Charter on Human and Peoples’ Rights and all duly ratified international conventions pertaining thereto.
32. Apart from addition of the reference to the African Charter on Human and Peoples’ Rights and duly ratified international human rights conventions, the preamble of the Constitution includes some new principles for the protection of rights. It states, inter alia, that everyone has the right to life and to physical and moral integrity; that everyone should be treated with humanity in all circumstances; and that under no circumstances should a person be subjected to torture or to cruel, inhuman or degrading treatment or punishment. It also states that everyone charged with an offence has the right to be presumed innocent until proved guilty according to law in a trial conducted in strict compliance with due process of law.
33. One
of the new rights specified in article 1 of the Constitution refers to the
virtues of tradition as follows: “The
34. This declaration of principle on the protection of human rights makes a positive contribution to the existing body of rules designed to protect physical and moral integrity, inspired by the principle that “no one may be subjected to prosecution, arrest or detention except in the cases and in accordance with the procedures determined by law”.
35. The 1996 Constitution also has the merit of having dispelled the uncertainty over the value attached to human rights in the preamble to the 1972 Constitution. Article 65 of the Constitution clearly states: “The preamble shall be an integral part of the Constitution”. This incorporation of the preamble into the body of the Constitution gives constitutional value and thus unquestionable binding force to the rights proclaimed therein.
36. The precise definition of the meaning of the right to physical and moral integrity, particularly the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, as formulated in the preamble to the revised Constitution, makes it possible for this right to be subjected to constitutional monitoring and for violations to be prosecuted by the judge of a constitutional, administrative or ordinary court.
37. Finally, by proclaiming certain rights with reference to relevant duly ratified conventions, the revised Constitution, article 45 of which gives legal precedence to such conventions, makes them an integral part of its preamble and thereby endows them with constitutional force which the constitutional courts are required to guarantee.
38. Hence, the Convention benefits from this interpretation in Cameroonian law, with regard to its position in the normative hierarchy.
39. In any event, the 1996 Constitution, in terms of both the content of the newly enunciated rights and the constitutional value of the preamble, represents a highly significant advance in terms of building a liberal State under the rule of law. These changes are all the more fundamental and inviolable as no procedure for amendment of the Constitution can be accepted if it affects the republican form and democratic principles which govern the Republic (art. 64).
40. A
unique feature of the Cameroonian legal system is its legislative and judicial
pluralism. Traditional or customary
law coexists with two legal systems of English and French origin, common law
and civil law. The French and English
laws applicable to
41. This is why, after the transition from the federal State instituted on 1 October 1961 to the unitary State provided for in the Constitution of 2 June 1972, the constitutional rule has been that legislative provisions arising from the laws and regulations applicable in the federal State of Cameroon and in the federated States on the date on which this Constitution came into force remain in effect where they do not contravene the terms of the Constitution provided that such provisions have not been amended by legislation or regulation.
42. The solutions employed in resolving incompatibility of norms rely on this juridical pluralism by giving precedence in general to the application of those rules that are most protective of human rights.
43. The
decision of Bamenda regional court (High Court of Mezam Judicial Division),
judgement No. HCB/19 CRM/921 of
44. The court, considering the application by a group of defence lawyers for the release on bail of the individuals on the ground that their arrest and detention were unlawful, rejected the argument advanced by the representative of the State that an ordinary court was not competent to determine the legality of action taken by the authorities, under Act No. 90/47 of 19 December 1990 on states of emergency, to maintain order at a time of exceptional circumstances. It declared itself competent on the ground that the action by the Administration had led to such a blatant violation of fundamental human rights that it constituted an administrative act so fraught with irregularity that it was deprived of its administrative character, and thus came within the competence of the ordinary courts. As a result the court ordered the conditional release, without bail, of certain detainees, and the immediate and unconditional release of other detainees, without prejudice to possible proceedings for any offences they might have committed.
45. Contrary to what might be expected, the Bamenda High Court judge did not rely on English criminal law rules (rule of freedom from arrest), specifically a writ of habeas corpus, of legendary efficacity in protecting human rights in general and individual liberty in particular. Instead he applied the complex concept of administrative irregularity (voie de fait), based in French law, to assert the court’s competence ipso jure by finding a situation of flagrant administrative irregularity and ordering appropriate measures to end it. Such measures include the freedom to award pecuniary compensation as damages, grant injunctions and order restitution by appropriate means, such as financial penalties.
46. Lastly,
it should be noted that the Convention forms part of a significant network
of international commitments undertaken by
(a) The International Convention for the Suppression
of the Traffic in Women of Full Age of
(b) The International Agreement for the Suppression
of the White Slave Traffic, amended on
(c) The Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
of
(d) The International Labour Organization (ILO) Convention
(No. 29) concerning Forced or Compulsory Labour, 1930 (signed on
(e) The ILO Convention (No. 105) concerning the Abolition
of Forced Labour, 1957 (signed on
(f) The ILO Convention (No. 87) concerning Freedom
of Association and Protection of the Right to Organize, 1948 (signed on
(g) The ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, 1951 (ratified on 15 May 1970);
(h) The ILO Convention (No. 111) concerning Discrimination
in Respect of Employment and Occupation, 1958 (ratified on
(i) The Convention for the Suppression of the Traffic
in Persons and of the Exploitation of the Prostitution of Others (accession
on
(j) The Convention relating to the Status of Refugees
(signed by State succession on
(k) The Protocol relating to the Status of Refugees
(accession on
(l) The International Convention on the Elimination
of All Forms of Racial Discrimination (ratified on
(m) The International Covenant on Economic, Social
and Cultural Rights (accession on
(n) The Optional Protocol to the International Covenant
on Civil and Political Rights (accession on
(o) The Convention on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes against Humanity (accession on
(p) The International Convention on the Suppression
and Punishment of the Crime of Apartheid (accession on
(q) The Convention on the Elimination of All Forms
of Discrimination against Women (ratified on
(r) The Convention on the Rights of the Child (signed
on
(s) The Convention governing the Specific Aspects
of Refugee Problems in
(t) The African Charter on Human and Peoples’ Rights
of
(u) The African Charter on the Rights and Welfare
of the Child (ratified on
PART TWO: INFORMATION ON NEW MEASURES
AND
NEW DEVELOPMENTS RELATING TO THe
IMPLEMENTATION OF THE CONVENTION
(arts. 1-16)
Article 1
47. Act
No. 97/009 of
48. Under paragraphs 5 (a) and (b) of the article, the word “torture” means “any act by which severe pain or suffering, whether physical, mental or psychological, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity, for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind. […] The word ‘torture’ thus defined does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions”.
49. The origin of this text in the relevant provision of the Convention is clear and testifies to the wish of the State of Cameroon to comply with the Convention.
Article 2
Paragraph 1
50.
51. As
indicated earlier, the Constitution of
(a) No one may be compelled to do what the law does not prescribe;
(b) No one may be subjected to prosecution, arrest or detention except in the cases and in accordance with the procedures determined by law;
(c) The law shall ensure the right of every person to a fair hearing before the courts;
(d) Every accused person is presumed innocent until proved guilty in a trial conducted in strict compliance with due process of law;
(e) Everyone has the right to life and to physical and mental integrity and must be treated humanely in all circumstances. No one may on any account be subjected to torture or cruel, inhuman or degrading treatment or punishment.
52. This incorporation into the Constitution of the prohibition of torture and other ill‑treatment portends a new era with the adoption of a series of legislative and regulatory instruments and other measures as part of a State criminal policy to protect the physical and psychological integrity of individuals in general and to eliminate torture in particular.
Legislative measures
53. As
stated in the second periodic report (CAT/C/17/Add.22, para. 50), the political
will of
Act No. 97/009 of
54. As stated above, this Act inserts in the Criminal Code a new article 132 in the chapter on offences committed by public officials in the performance of their duties. Briefly, the article defines torture, sets forth penalties of varying degrees of severity punishing acts of torture, and excludes any justification for torture.
Act No. 97/010 of
55. The Act incorporates in the Cameroonian regulations on extradition the essential provisions of articles 3 and 6 of the Convention, and represents a major innovation in the punishment of torture as an international crime.
Act No. 97/012 of
56. The
Act abrogates its predecessor, Act No. 90/043 of
57. With regard to the regulations governing deportation of an alien who has contravened the regulations on residence, the provisions on refoulement, deportation, expulsion, etc., give no latitude at all to border police officers to inflict ill-treatment on the person concerned. Neither does it allow other authorities the right to do so, in contravention of article 3 of the Convention; moreover, the protection of aliens against administrative policing measures is ensured.
58. Thus, under article 35, an alien must be notified of any deportation measure. Upon notification, the alien in question may immediately alert counsel or another person of his choice or, where appropriate, the relevant diplomatic or consular authorities. Under article 36, an alien who is the subject of a deportation measure may, in the 48 hours following notification, request its cancellation before the competent administrative court, notwithstanding the rules governing prior administrative appeals. He may be assisted by counsel or request the judge presiding over the administrative court hearing the case to appoint counsel. Article 37 states that the administrative court must rule within eight days of the case being brought before it. Should the deportation measure be cancelled, the alien may, subject to regularization of his status, be authorized to remain in the country. The judgement thus delivered is subject to appeal in the forms prescribed by law. The appeal has no suspensory effect; costs are met by the State. Lastly, article 38 provides that deportation may not be executed before expiry of the period of 48 hours following notification or before the court seized of the matter has made a ruling.
59. Presidential
Decree No. 2000/286 of
Regulation No. 97/01 of 4 April 1997 amending articles 3 and 4 of Act No. 92/008 of 14 August 1992 establishing certain provisions governing execution of judicial decisions
60. The regulation authorizes the court hearing the case, where a decision is rendered in adversarial proceedings or is considered as such, to order provisional execution, notwithstanding any appeal, in particular in matters of compensation for injury resulting from assault causing bodily harm for reasonable costs and expenses for emergency care, limited, where appropriate, to transport or transfer costs, and the costs of medication, medical care and hospitalization.
61. These provisions apply to civil judgements delivered by a criminal court, and thus apply to torture victims who are civil parties in criminal proceedings against perpetrators of acts of torture.
Act No. 97/002 of
62. This
Act regulates use and protection of the “Red Cross” name and emblem, without
prejudice to the relevant provisions of the international humanitarian law
conventions duly ratified by the
63. On
64. In
addition, on
65. Further,
it should be noted that after having played an active part in the United Nations
Diplomatic Conference of Plenipotentiaries on the Establishment of an International
Criminal Court, held in
66. To
prepare for ratification, the President of the
Members of the Cameroonian delegation to the Preparatory Commission for the International Criminal Court;
University professors and English- and French-speaking judges, representing the two modern branches of the Cameroonian legal system;
Diplomats.
67. The work of this technical committee, which took place outside the reporting period, will be dealt with subsequently.
Regulatory and administrative measures
68. Decree
No. 97/205 of
69. The Ministry of Territorial Administration is responsible, inter alia, for prison administration, civil protection, oversight of not-for-profit associations and religions. It contains a public liberties unit.
70. The Ministry of Social Affairs is responsible for the social protection of the individual and protection of the family, in particular prevention and treatment of juvenile delinquency or social maladjustment, and facilitation of social reintegration.
71. The Ministry on the Status of Women is responsible for education and for implementation of measures relating to the rights of Cameroonian women in society, the ending of all discrimination against women, and increased guarantees of equality in the political, economic, social and cultural fields.
72. The
Ministry of Employment, Labour and Social Security is responsible for supervising
implementation of the Labour Code and international conventions relating to
employment ratified by
73. The Ministry of Justice is responsible for the preparation of regulations governing the professional status of judges and clerks of the court, organization of the judiciary, status of individuals and property, and general and special criminal law.
74. The Ministry of Defence, the Ministry of Education, the Ministry of Foreign Affairs, the Ministry of Public Health and other ministerial departments together with the Department of National Security have been given specific, complementary responsibilities in this regard.
(a) Territorial administration
75. The
Deputy Prime Minister responsible for territorial administration, on
Administrative detention can be ordered only in the context of efforts to counter highway robbery, with the aim of maintaining or restoring public order;
Provincial governors and prefects are the only administrative authorities competent to order such a measure, and, where necessary, to renew it one time only;
Those in administrative detention must be held in appropriate facilities under the authority of the national security services, the gendarmerie or the prison administration.
76. The lawfulness of form and content is monitored. Any order for administrative detention must comply with the general rules governing unilateral administrative actions. The Minister for Territorial Administration and provincial governors exercise administrative oversight in this matter. Supervision by the courts is also possible.
77. The circular brings the regulations on administrative detention closer to those governing judicial detention under article 9 of the Code of Criminal Investigation, which provides that only officers in the criminal investigation police and not constables may order detention.
78. It should be recalled that this measure to restrict individual freedom can give rise to an action for immediate release based on (new) article 16 of Regulation No. 72/4 of 26 August 1972 on the organization of the judiciary, which provides that the regional court is competent “to hear petitions for immediate release submitted by, or on behalf of, a prisoner or detainee when the said petitions are based on an alleged procedural flaw or the lack of a detention order”.
(b) Prison administration
79. Presidential
Decree No. 97/205 of
80. Presidential
Decree No. 97/207 of
81. These two acts
by the Head of State form part of the implementation of Decree No. 95/232
of
82. A concern to humanize living conditions for inmates of Cameroonian prisons underlies prison administration policy, which has taken the form of a considerable number of initiatives to promote human resources, institutional and infrastructure development.
83. It should be recalled that order No. 89/003/MINSCOF of 2 April 1989 had already created posts for social workers at prisons, police stations, universities, high schools, hospitals and medical and social centres, and that ministerial instruction No. 93/000723/MINASCOF/SG of 1 April 1993 determined the functions attaching to the post of senior social worker in prisons.
84. To remedy overcrowding, under order No. 00028/MINAT of 9 May 2000 three new prisons have been constructed: the main prisons at Kumbo, department of Bui; Ndop, department of Ngoketunjia; and Nkambé, department of Donga Mantung. The bringing on‑stream of these three prisons will reduce crowding at Bamenda central prison.
85. Also
with a view to reducing overcrowding in existing prisons, studies are under
way for the construction of new prisons in the towns of Yaoundé,
86. With regard to renewal of infrastructure, it should be noted that 28 prisons have been renovated in three years, involving expenditure in the amount of CFAF 449,770,761 (€685,761) over the financial years 1997/1998, 1998/1999 and 1999/2000 for, respectively, 5, 12 and 11 renovated prisons. In reality most Cameroonian prisons are dilapidated. Estimates for their renovation amount to CFAF 1.7 billion (€2,591,633). An annual provision of CFAF 500 million (€762,245) per prison to be built is needed to resolve the problem of prison overcrowding.
87. A number of measures have been taken to preserve the health of prisoners of which two should be highlighted:
The creation, in the prison health-care office, of a petty cash fund for the purchase of medicines for prisoners;
Recruitment and posting of eight chief prison medical officers, who cannot only assume responsibility for the central prison in each provincial administrative centre, but also inspect other prisons within the province.
88. Thus the efforts under way to modernize prison administration are continuing notwithstanding the lack of financial resources available to the State. At the same time increased vigilance is required to ensure compliance by prison administration officials with the disciplinary system, which is enforced by criminal sanctions.
89. Pursuant to Decree No. 92/052 of 27 March 1992 on regulation of the prison system, which was largely based on the Standard Minimum Rules for the Treatment of Prisoners, to Decree No. 92/054 of 27 March 1992 on the special status of prison administration officials, and in particular to order No. 080 of 16 May 1983 of the Ministry of Territorial Administration on the disciplinary system for prison administration officials, sanctions are routinely imposed on all prison personnel guilty of torture or any other ill-treatment of inmates. Such sanctions range from confinement to quarters to delayed promotion, without prejudice to any criminal prosecution. In the absence of any generally available statistics, a few cases may be cited by way of illustration:
Senior prison guard T…, at Bafoussam central prison:
disciplinary sanction of 72 hours’ confinement for ill-treatment
of a prisoner (service note No. 27/NS/REG/PC/BFM of
Prison guard F…, at Bafoussam central prison:
disciplinary sanction of three days in a punishment cell for abuse
of an inmate (service note No. 46/NS/REG/DCB of
Prison guard Major M…O…L…, at Yaoundé central
prison: disciplinary sanction of three
days in a punishment cell for gratuitous violence against prisoner T…A… (service
note No. 38/S/PCY/SAF/BP of
governor);
Prison guard A…B…, at Yaoundé central prison:
disciplinary sanction of 12 hours’ confinement for abuse
of authority and acts of violence against a
prisoner (service note No. 17/S/PCY/SAF/BP of
(c) Police
90. The attention of police personnel is constantly drawn to violations of human rights and freedoms.
91. In an address delivered on 4 August 2000 at the National Police College graduation ceremony, the Minister for National Security reminded police officers that “respect for the legal traditions of the Republic, individual freedoms and human rights must remain at all times at the centre of their concerns”.
92. Further,
in connection with the Convention, Decree No. 2002/003 of
93. Senior police officials constantly remind officers responsible for persons held in custody of the following regulations:
(a) Only superintendents and other senior police officers are empowered to decide on cases of police custody under the continuous oversight of the Attorney-General;
(b) Every morning, the officers in charge of police stations must check on persons held in police custody in order to identify, in time, any sick persons, who must be immediately taken to hospital for appropriate medical care;
(c) The police custody registers are to be inspected every day by the same officers‑in‑charge, who must verify the actual presence, in good health, of the detainees;
(d) Any inhuman or degrading treatment of citizens at police stations must be prohibited as a working method. This applies to:
(i) Use of a baton or a whip as a means to extract confessions;
(ii) Improper use of aerosols and service weapons.
94. In general, scrupulous respect for individual rights and freedoms while, at the same time, taking account of the need to safeguard public order, should be regarded as the cardinal rule of conduct for police officers.
95. Police units maintain a police custody register in which the following information is entered:
(a) The reason for the police custody;
(b) The date and time;
(c) The individual’s overall appearance at the time when he is taken into custody;
(d) His condition at the time of his departure (transfer or release);
(e) Other details concerning property found in his possession.
96. Further, criminal investigation officers are constantly reminded to strictly observe the limits on the length of detention in police custody. In order to verify the effectiveness of these measures, senior officers regularly monitor police units.
97. In addition to this internal monitoring, the judicial authorities also have a responsibility to monitor the regulations, instructions, interrogation methods and practices and the provisions concerning the police custody and treatment of persons held for questioning and, to that end, the Attorney-General visits the cells of police stations, usually without prior notice, and systematically releases any person held in custody without legal justification.
98. It is useful to cite, at this stage, circular No. 00466/DBSN/CAB of 6 April 2001 addressed by the Minister for National Security to all national security officials at the central and regional levels on improvement of conditions of police custody. This circular, widely covered in the media, will be analysed in detail in the next periodic report. It again prohibits police officers from all acts against the dignity of persons in custody, whatever the reasons for such custody. In particular, it recalls certain prohibitions in the Convention, and prohibits individuals held in custody and police cells from being stripped of their clothing.
99. When these measures fail to prevent the commission of the acts specified and condemned in the Convention, the police officers responsible are subject to disciplinary and/or penal sanctions. The following tables recapitulate some of the disciplinary and penal sanctions imposed on police personnel convicted of acts of torture or other ill-treatment over the reporting period.
Table 1
Status of disciplinary proceedings in connection with human rights violations
| Rank |
Police constables |
Police inspectors |
Police officers |
Police superintendents |
Total |
| Custody/ |
1 |
0 |
1 |
0 |
2 |
| Abuse and threats with |
2 |
6 |
2 |
0 |
10 |
| Violence and trespass to
the |
8 |
2 |
2 |
0 |
12 |
| Improper removal of |
1 |
0 |
0 |
0 |
1 |
| Rape of minor in custody |
2 |
0 |
0 |
0 |
2 |
| Improper withholding of |
4 |
0 |
0 |
0 |
4 |
| Negligence leading to death |
0 |
1 |
0 |
1 |
2 |
| Total |
18 |