Abstract

Human beings are entitled to rights on the basis of 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. . Cameroon has acceded to various international and regional instruments that guarantee rights to personal liberty and the presumption of innocence which values have been incorporated in the Constitution. However, there is a discontent as to how this right to liberty and presumption of innocence are curtailed in the denial of bail based on public interest and administration of justice which terms are not defined in any act of parliament or the Namibian Constitution.

The aim of the research therefore is to examine the extent to which the right to bail is protected under Cameroonian Law. 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. This research concludes by finding that the denial of bail based on the public interest and administration of justice is well founded but the only shortcoming is the lack of certainty as to what constitutes public interest or administration of justice.

The research recommends that in order to provide legal certainty, the Cameroon Constitution should incorporate the right to bail just like in other jurisdictions and list grounds upon which a person can be denied bail, as this will inform the accused as to which grounds he or she can rely upon in challenging such a judicial decision.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

Criminal procedure in Cameroon, like in many other countries, has evolved over time through a combination of domestic legislation, legal traditions, and influences from colonial powers. Cameroon, located in Central Africa, was colonized by Germany in the late 19th century and subsequently divided between France and the United Kingdom after World War I. The country gained its independence from France in 1960 and from the United Kingdom in 1961.

The modern criminal procedure in Cameroon is primarily based on the legal system inherited from its colonial past, particularly the French legal system . The French legal system is rooted in civil law and is characterized by a comprehensive written legal code. Criminal procedure codes, such as the Code de Procédure Pénale in France, have served as a basis for the development of criminal procedure laws in Cameroon. However, it’s worth noting that Cameroon has made modifications and adaptations to the French legal system to suit its specific needs and circumstances.

The country has its own legal framework, including the Code of Criminal Procedure (Code de Procédure Pénale) and other relevant laws and regulations.  In addition to the French influence, Cameroon also has elements of common law derived from its historical association with the British legal system. The English common law tradition has influenced legal practice, especially in the English-speaking regions of Cameroon.

It’s important to recognize that the development and evolution of criminal procedure in Cameroon is a complex and ongoing process influenced by both internal and external factors. Legal reforms, court decisions, and societal changes all contribute to shaping the criminal procedure system in the country.

The criminal procedure code which enters into force on the first of January 2007 put an end to the Dual criminal procedural system operated in the country reflecting the Bigural nature this code is instituted by according to section 2, the Criminal procedure code shall be of General application except where there is provision to the contrary as provided in the court of military justice or any other law . The concept of bail is a constitutional right enshrined in the preamble of the Cameroon 1996 Constitution pulling its strength from the Universal Declaration of Human Rights under the notion of the presumption of innocence, meaning that an accused is always presumed to be innocent until he/she is proven guilty by a competent court of law .

The Criminal procedure is the process which runs from discovery and reporting of an offense through the preliminary investigation, however Cameroonian Criminal Procedure has not only entrenched them in law, but has also widened and deepened their scope, with a view of obtaining, as far as possible, the respect for human rights and the rule of law in order to ensure a more functional criminal justice system in Cameroon.

Overall, the background of bail in Cameroon reflects the principles of the legal system, including the presumption of innocence and the balance between the rights of the accused and the interests of justice. The specific application of these principles may vary depending on the circumstances and the discretion of the court or judicial authority handling the case. For accurate and up-to-date information regarding bail procedures in Cameroon, it is advisable to consult a qualified legal professional or refer to the most recent legislation and court decisions. The concept of bail and its specific procedures are primarily governed by domestic laws and legal systems of individual countries.

However, international human rights standards do touch upon the broader principles related to pre-trial retention and the right to liberty, which can have implications for bail. That is the right to liberty and security of the person is protected under various international human rights instruments, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

These instruments emphasize that individuals should not be subjected to arbitrary arrest or detention and have the right to be released pending trial, except in exceptional circumstances. Also, the United Nations Human Rights Committee, which monitors the implementation of the ICCPR, has stated that pre-trial detention should be the exception rather than the rule. It has emphasized that individuals should be entitled to seek release on bail or other conditions, unless there are specific reasons justifying their continued detention.

Additionally, the United Nations Standard Minimum Rules for the Treatment of Prisoners (also known as the Nelson Mandela Rules) provide guidance on matters related to detention, including pre-trial detention. The rules emphasize the presumption of innocence, the need for regular review of pre-trial detention, and the importance of alternatives to detention, such as bail, whenever possible.

While international law does not provide a specific framework for bail, these principles underscore the importance of protecting the right to liberty and ensuring that pre-trial detention is used judiciously and as a measure of last resort. The specific procedures and standards for granting bail are primarily determined by domestic legal systems, taking into account the particularities of each country’s legal framework and criminal justice system.

United Nations Human Rights Council (UNHRC): The UNHRC monitors and promotes human rights worldwide, including the right to a fair trial and the prohibition of arbitrary detention, which are closely linked to bail. Also, the International Bar Association (IBA) is a global organization representing legal professionals and bar associations.

It engages in advocacy and provides guidance on various legal issues, including criminal justice reforms and fair trial rights, which encompass bail matters. Moreover the International Association of Prosecutors (IAP), this is an organization that promotes professional standards and cooperation among prosecutors worldwide. It focuses on issues related to criminal justice, including the fair treatment of defendants during pretrial stages, which can involve discussions on bail. The European Court of Human Rights (ECtHR)

This court also hears cases related to human rights violations in member states of the Council of Europe. It interprets and applies the European Convention on Human Rights, which includes provisions relevant to bail, such as the right to liberty and security and the right to a fair trial. And lastly the African Commission on Human and Peoples’ Rights (ACHPR).The ACHPR is a regional human rights body within the African Union system. It monitors and promotes human rights in Africa, including fair trial rights and the prohibition of arbitrary detention, which have implications for bail practices in member states, including Cameroon.

While in Cameroon section 225 of the Cameroonian criminal procedure code (CPC) provides that an application for the bail may be made, as the case may be to the judicial police officer, to the State Counsel, to the examining magistrate or to the court seized of the matter of the criminal procedure code, however this study will be elaborating on the circumstances of granting bail under the Criminal procedure code

1.2 Statement Of The Problem

The granting of bail is a critical aspect of the legal system in Cameroon, it is provided under the Cameroonian criminal procedure code (CPC) as it ensures that individuals accused of a crime can be released from custody pending their trial and the CPC provides that an application for bail may be made as the case may be to the judicial officer to the state counselor to the examining magistrate or the court sees the matter (S. 225).

However, there is a lack of clarity and consistency in the criteria and circumstances which State that the seriousness of some offense will not be granted bail ; which bail is one of the right given to an accused person in the Cameroonian law under the (CPC. This poses significant challenges to the administration of justice and may lead to unfair treatment and prolonged detention for individuals awaiting trial.

Also, one of the main issues is the lack of clear and standardized guidelines for granting bail. The criteria for granting bail are often open to interpretation, which can result in inconsistent decisions by different judicial officers. This lack of clarity can lead to arbitrary denials of bail, particularly for individuals who may not pose a flight risk or a danger to society.

1.3 Research Questions

1.3.1 Main Research Questions

What is the circumstances for the grant of bail under the Cameroonian law?

1.3.2 Specific Research Questions

1. What is the nature and concept of bail under Cameroonian Law?
2. What are the legal and institutional frameworks protecting the right to bail in Cameroon?
3. What are the challenges encountered in granting bail in Cameroon?
4. What policy recommendations can be made to address the issues raised?

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