Abstract

Human beings are entitled to rights based on their being. These rights are referred to as fundamental human rights. The Constitution of Cameroon which conferred these inalienable rights on the citizens also make provisions for instances when these rights may not hold sway. A person in incarceration is not to be deprived of his or her rights merely because of an accusation which has not been proved beyond reasonable doubt in the law court. However, suspects in suspects have suffered great disregard of their right to dignity as well as other rights because of the criminal allegations levelled against them.

This research therefore considers the rights open to a criminal suspect under the Cameroonian Law during police investigation. The research adopts the qualitative research methodology and analyses data through content analysis of both primary and secondary sources of data. The primary source of data emanates from laws as it its why the secondary sources of that will be gotten from books, article journals, reports.

The research findings suggest that, despite the variety of laws protecting the rights of suspects during police investigation, these rights are often been abuse on regular bases by this authority. The research concludes by stating that the Administration of Criminal Procedure Code has gone a long way in ensuring that the rights of a suspect is protected in the course of police investigation.

The problem that the country will however face is that of implementing the provisions of the Act. The economic situation bedevilling the country in times like this will largely contribute to hamper the putting of mechanisms in place to ensure the smooth running of several of the provisions of the Act. It is therefore recommended that police officers charge with the duties of investigation should always ensure that accused persons are treated with respect and dignity during the investigation process.

CHAPTER ONE

GENERAL INTRODUCTION

1.0 INTRODUCTION

The protection of the rights of suspects during police investigation is a fundamental aspect of criminal justice system around the world. It involves ensuring that individual who is suspected of committing crimes are treated fairly, their rights are respected and they are given a fair opportunity to defend themselves.

This chapter seeks to unravel the background to the study, statement of th problem, research question, research objective, research methodology, literature review, justification, significance, scope of the study, limitation, definition of key terms, and synopsis of chapters.

1.1 Background To The Study

The protection of the rights of suspects during police investigation has evolved over time from with various legal and judicial developments aimed at safeguarding the rights and ensuring fair treatment. Below is a brief history of the protection of the rights of suspects.

In ancient civilization such as ancient Greece and Rome, legal systems typically did not provide substantial protections for suspects during investigations. Suspects were often subjected to hash interrogation method and were presume guilty until proven innocent . The concept of the presumption of innocence which forms the basis of modern criminal justice systems emerged during the development of English common law in the middle ages. This principle held that a suspect is innocent until proven guilty .The magna carte of 1215, a foundational legal document established certain rights for individuals such protection against arbitrary arrest and the right to a fair trial .

In the late 18 and 19 centuries, legal reforms in Europe and North America brought about significant changes in the treatment of suspects. These reforms aimed to limit the use of torture, enhance due process and protect individual rights during criminal investigations . The Napoleonic code implemented in France in the 19 century introduced the principle that suspects are innocent until proven guilty and established the rights to defense counsel for the accused.

The 20 century witnessed the further advancement of the protection of the rights of suspects during police investigation. In 1948, the universal declaration of human rights was adopted by the United Nations proclaiming the right to fair trial and presumption of innocence. The land mark case of Miranda v Arizonal in the United States in 1956, established the requirements for police to inform suspects of their rights, including the right to remain silent and the right to legal counsel .

Numerous international human rights treaties and conventions have been established to protect the rights of suspects during police investigation. The international covenant on civil and political rights (ICCPR), adopted in 1966, guaranty various rights including the right to be presumed innocent, right to legal assistance and the right against self incrimination .The European convention on human rights (ECHR) established in 1950, safeguards the rights of individuals in Europe including protection against arbitrary arrest, rights to a fair trial and the privilege against self-incrimination .

In recent years there have been ongoing efforts to strengthen the rights of suspects during police investigation, particularly in areas such as pretrial detention, access to legal representation and protection against torture and ill treatment. National legislation and court decision continue to shape and refine the safeguards provided to suspects reflecting societal values and evolving understandings of justice and human rights

1.2 Statement Of The Problem

Despite the fact that the state has provided laws, regulating police investigation, and bringing out the rights of suspects during police investigation, the rights of suspects are still violated as many are faced with arbitrary arrest, violation of presumption of innocence, unnecessary search and seizures, others face perjury and bias as they are not well treated, lengthy investigation process, language barrier and cultural differences limited access to information, legal representation that is, some can’t afford getting a lawyer . These challenges come as a result of the fact that, most at times the investigating officers abuse power, denial of due process, favoritism as the complainant maybe related to them .

The rights of suspects during police investigation need to be addressed in order to ensure that they are treated fairly and respected. For the state to protect the rights of suspects during police investigation, they need to create awareness to individuals on the rights of a suspect during police investigation, and the procedures carried out.

1.3 Research Questions

1.3.1 General Research Questions

How are the rights of suspects protected during police investigations in Cameroon?

1.3.2 Specific Research Questions

1. What is the concept of suspects during police investigations in Cameroon?
2. What are the legal institutional frameworks for the protection of the rights of suspects during police investigations in Cameroon?
3. How effective is the protection of the rights of suspects during police investigations in Cameroon?
4. What policy recommendation can be made for the protection of the rights of suspects during police investigations in Cameroon?

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