Abstract

This thesis deals with the Legal Appraisal of Extradition in Cameroon. Today, we live in a largely borderless world and it has greatly contributed to the increase in crime incidents in various countries if not all around the globe. International criminal law is that discipline of law which evolved and which coined such instances where communication and the vast nature of the world has facilitated crimes as in countries same nationals and other non-nationals and how various governments deal with them as extradition. The case of Cameroon which is the focus of this research is not different. This is why the conditions, the bars to extradition and the application laws have been made use of especially treaties between states.

In line with this, the procedures for extradition requested by the government of Cameroon and extradition requisition by foreign government have all been examined according to the Cameroon criminal procedure

However, the procedure of the competent court, the court of appeal and the Administrative procedure are the center of part of this work.

Furthermore, this research analysis the ground and procedure for nullity and its effects. Equally looks at the limitations of this principle in Cameroon context. The research forth to recommend that the regime should support and facilitate Cameroon’s international obligations and its role as an international citizen in the persecution and prevention of crime.

CHAPTER ONE

GENERAL INTRODUCTION

1.1: Background of study

The world of today has become a global one and a vast village in extension. This is due to the fact communication between individuals and states is ad infinitum. Due to these, many international crimes have surfaced. Too many persons have taken advantage of the facilities that communications at different levels have brought. Frontiers and borders have become more of an advantage than an opportunity. To this effect, there has been a growing need for states to come together on the international scene and bring a lasting solution to these endless cries across state borders around the world.

Cameroon has not been excluded in this fight for long lasting solutions. All these processes to combat crime are in a nut-shell termed as “international cooperation” done by: handing over of criminals through extradition which is our major concern here and secondly, through mutual assistance by the police and the courts. At the same time, it is important to bring up the issue of universal and protective jurisdictions which closely linked to extradition.

In line with these, it is important equally to know the sources of extradition law in Cameroon which is two-fold: national law (the criminal procedure code) and the international agreements enforced by the president of the Republic and ratified by section 45 of the constitution of Cameroon.

Extradition is based on bilateral treaty and does not exist as an obligation upon states in customary law . International law is very important in establishing the rule as regards extradition in Cameroon. Furthermore, after the ratification of a treaty on extradition. Cameroon has its piece of legislation to define, establish the procedure, bring out the nature of offence and even the effects of extradition, which is the criminal procedure code of Cameroon . Most at times, the term “extradition” is so complex, abstract synonymous and even closely linked to terms like asylum seeking, refugee, fugitives, deportation and abduction. It leads one to a whirlpool of doubts as to the applicability of extradition once it is not clearly distinguished from these topics however, provisions of the CPC show how extradition can come to nullity.

1.2 Statement of Problem

Even though there is a clearly outlined procedure for extradition in Cameroon which must have gone through the signing of treaties between a state or more and equally ratification in Cameroon to be enforceable and effective. The loophole comes in when even though extradition is the most used and oldest means of suppressing crimes by international cooperation, there is a lot of confusion with other related terms like refugee, asylum seekers and abduction to mention a few. The difference and relation between extradition treaties and others shall be examined.

At the same time, it is frustrating scenario because to suppress crimes and also on the other hand, the preservation of the human rights extradited persons. Equally, the examination of these in the light of abducted, deported individuals and also those seeking status in other countries.

1.3 Research Objective

1.3.1 General Objective

The goal of this research is to examine how effective the procedure for extradition has been in Cameroon

1.3.2 Specific Objective

1. To examine the criteria for which a person can extradited.
2. To analyze the approach and steps towards extradition.
3. To ascertain the effectiveness of extradition in Cameroon.

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