A Critical Appraisal of the Protection of the Rights of a Suspect under Cameroonian Law
Keywords:
Suspect, rights, law, Cameroon, suspects/defendantsAbstract
Based on the idea that an accused person is assumed innocent until proven guilty, Cameroon's Criminal Procedure Code clearly outlines the suspect's human rights up until trial. The prosecuting authorities are the ones tasked to protect the rights of the suspect. Notwithstanding the many attempts by Cameroonian lawmakers to safeguard the rights of suspect through a strong legislative and policy framework against certain dishonest prosecutors, there is an issue with inefficient application. In light of this, a thorough content study based on doctrinal and analytical research methods, as well as, to some extent, the empirical technique, is being used to examine the interaction between prosecutors and the defense of the suspect's human rights. It concludes that, in reality, the prosecuting authorities have violated the suspect's or defendant's human rights on a number of occasions, even though there are legal procedures in place to prosecute and punish these violations; these are hardly put in practice, reason why they continue with such violations. It therefore recommends that a strict implementation of the law by the prosecuting authorities such that, the suspects/defendants will at least continue to have their dignity respected in custody.
References
Section 8 of Cameroonial Criminal Procedure Code 2005.
Mikano Emmanuel Kiye,(2015), Conflicts between Customary Law and Human Rights in Cameroon, the role of the courts in fostering an equitable gendered society, University of Buea, P 21.
Ibid.
See Law No 2008/001 of 14 April 2008 to amend and supplement some provisions of law No 96/06 of 18 January 1996 to amend the constitution of 2nd June 1972.
Ibid.
Article 23 paragraph 1(ACHPR)
A join programme OMCT,(2015) the observation for the protection of human rights defenders
article 10(3) ICCPRs.
Article 17 ICCPRs.
Section 9(1) of the CCPC.
Magna Carta of 1215, as amended in 1225 under the seal of Henry III. This is one of the first traces of legal documents on human rights.
Thomas R. Dye (1997), Politics in America, Prentice Hall, 2nd edition, p. 543.
Ibid.
Rodrick Ndi. Reflection on Police Power of Arrest, Detention and the Treatment of Suspects under the Cameroonian Criminal Procedure Code and Extra-National Laws: Human Right Digest. National Journal of Criminal Law. 2019, Vol. 2, Issue 1: pp. 4-21.
United Nations (2003), Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, New York, Geneva, p 161.
David Hoffman & John Rowe QC (2006), Human Rights in the UK: An Introduction to the Human Rights Act 1998, Pearson and Longman, 2nd edition, p. 158.
Article 5 of the European Convention on Human Rights Act 1998. It sets out very strict limits and conditions on the ability of the state to arrest and detain its citizens.
David Hoffman & John Rowe QC, Op.cit note 4, p. 158.
According to article 55(1)(b) of International Criminal Court's.
The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Paragraph 5 of the United Nations Human Rights Committee.
According to Article 14(3)(g) of the International Covenant.
The preamble of Cameroon constitution 18 January 1996.
Safeguard for fair trial under criminal procedure code 2005.
Article 14(3)(b) of the International Covenant on Civil and Political Rights.
Paragraph 9 of the United Nation Human Rights Committee.
See, Section 8 of the CPC).
Ibid.
Article 14(2) of the International Covenant on Civil and Political Rights.
Cameron Human Rights Commission Summary Information on Visit to Detention Facilities Conducted 2021.
Section 222 CPC.
Section 246 CPC.
Law No 2004/016 of 22 July 2004 on the establishment of the National Human Rights Commission (NCHRF Law), sec 3, para 5.
Judicial Organization Ordinance, sec 25(3)(b).
Section 25(3)b ibid
Section 224(2) CPC.
ARCHBOLD, paragraph 201, quated by BRETT and McLEAN,paragraph 253, cf TAKAM, P.A, supra, note 31, at p. 40.
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Section 236 ibid.
Specific details of the reforms are discussed in depth in Enonchong “Habeas corpus”, PP. 68–71 .
Ibid P.71.
