CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background Of The Study

When an accused person is described as having rights, he is acknowledged to be entitled to something to which he has a just claim under the law. By virtue of man’s creation, he has certain rights which are common to those of all other men. Fundamental rights are natural rights vested on every individual and which are inherent, inalienable and interdependent, to which every state has the obligation or duty to protect without discrimination.

Moreover, all fundamental rights are in the final analysis rights which impose limitations on executive, legislative, and judicial powers of the government and are accordingly easily justifiable. Fundamental human right entails universal human rights which man enjoy and share with his fellow men whether he is a suspect, accused or a free man. This in its totality has initiated the writing of this project.

After the Second World War , the United Nations organization (UN) brought human right firmly into the sphere of international law in its own constituent document, the UN Charter , in 1945. The purpose of the UN included in article 1(3), the promotion and encouragement of human right and fundamental freedom. Under article 55 and 56, member states are committed to joint and separate action to create conditions of stability and wellbeing across the world, including the promotion of universal respect for fundamental freedoms for all without distinction as to race, language, sex or religion.

Cameroon was jointly administered by Britain and France which thus gave birth to a bi-jurial country applying both French and English laws inherited from their colonial masters. Southern Cameroon was administered by the British and for the sake of convenience, it was attached to and administered as part of the country Nigeria based primarily on Nigerian colonial legislative .

The French on the other hand administered the other part of Cameroon as French Cameroon using French laws. Here, criminal procedure was regulated in procedure penal, the basic text upon which la procedure penal was found is the “code d’instructioncriminelle et les Lois annexes”.

The laws in the Anglophone and francophone part of Cameroon have been harmonised to govern criminal procedure and to protect the rights of a suspect. Today, based on the adoption of the universal declaration of human right and the incorporation of fundamental human right in the preamble of our constitution and also the new criminal procedure code which was promulgated into law in July 2005 , and which entered into force on first January 2007, have clearly defined the rights of suspects or accused persons when it comes to human right in the Cameroon society in criminal proceedings.

Unfortunately,  many people in our society still face untold hardship day in day out because they are denied their basic rights which normally the preamble of the constitution of Cameroon and the new criminal procedure code will enforce even though there are suspects or accused persons but because they are unaware of these rights, they rarely or never claimed them. However, those who are saddled with these responsibilities fail to do their work properly. In this regard or respect, this project will discuss some of the rights and major rights of the suspect/accused person and how it can be known, respected and enforced properly by those concerned.

1.2 Statement of the problem

Even though there is a universal declaration of human rights and the preamble to the constitution of Cameroon and the new CPC, the practicality has not been perfect because of the unlawful treatment of suspects/accused persons in the country.

Although every state must have the powers to maintain order and punish criminal acts. It is unlawful to treat a suspect/accused person with impunity because they are being regarded as suspects or accused persons. This clearly shows that the judiciary is aware of the rights of the suspect or accused person and that it is sacrosanct and cannot be taken away unlawfully in this country.

The violation of this right is so rampant in Cameroon. These rights are violated via the denial of medical care, arbitrary arrest and illegal detention, persons involve in the violation are prison administrators, judicial police officers, gendarmes and other forces of law and order. Judges who refuse the right to bail are also involve in the violation

1.3 research questions

Taking cognizance of the above mentioned statement of the problem, one is pushed to ask certain fundamental questions which the research proceeds to answer.

1.3.1 Main research question

What is the extent to which the right of the accused person in Cameroon is protected?

1.3.2 Specific questions

1. What are the fundamental guarantees on the protection of the rights of the accused in Cameroon?
2. What are the measures put in place for the protection of the rights of the accused in Cameroon?
3. What are the limitations on the protection of the rights of the accused?

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