Abstract

The rights of pre-trial detainees has become a major concern in Cameroon. Cameroon has enacted laws regulating the rights of pre-trail detainees. The issue of the rights of pretrial detainees gained grounds in Cameroon following the non- respect of these rights before the 21″ century.

After the 21″ century, the rights of pre-trail detainees was recognize following the enactment of these laws although they are not respected due to improper implementation by the Cameroon government as these rights are not respected and most pre-trail detainees are been brutalized in most prison cells.

The protection of the rights of pre-trail detainees is the duty of the state as established under the  Cameroon Constitution 1996 and the Universal Declaration of Human Rights 1948. This study sets out to analysis the laws regulating the rights of the protection of pre-trail detainees in Cameroon.

This study uses the qualitative research methodology, which is purely doctrinal comprising of primary and secondary sources. The analysis made by this research ascertains the fact that there is improper implementation of the laws governing the protection of pre-trial detainees and has led to non-respect of the laws in Cameroon. This study recommends that the state should put mechanisms that will ensure the protection and respect of these rights.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

Criminal law is that branch of law that seeks the identity and punishes bad behaviors in the society, varies from jurisdiction to jurisdiction, with the aim of maintaining order by providing ways in which citizens are to behave in the society, provides a peaceful way in which disputes can be solved and protects citizens and properties by safeguarding their properties. It also involves loss of liberty or fines for citizens who are suspected to have committed a crime.

The Cameroon government has enacted laws to penalize various forms of criminal activities and an active criminal justice system composed of a security force comprising of police and military. It also have a judiciary force comprised of federal and state courts and a supreme court, which sits above various subordinate courts. The purpose of these forces is to help the Cameroon government to maintain control and put in place mechanisms to investigate and punish abuse of human rights.

Detention means detaining someone an accused person or suspect before trial and sentencing will definitely take place. It occurs when there is a doubt whether the person will appear for trial and where keeping the person in custody is necessary when he becomes a danger to his or her community . Pre-trial detention also means when a person is been held by the state for an offense committed against the laws of the state prior to trial and it remains a problem around the world and in  Cameroon particularly despite international and national laws cautioning against pre-trail detention

The European Union (EU) Member States Criminal Justice Systems subjects many citizens to pre-trial detention without considering the harm prisons can cause to individuals, families and the society because the duration is for several months and can lead to years while they are locked up in to a cell without access to support services.

Due to it, it does not only violates their rights as pre-trial detainees but also their fundamental human rights such as unlawful killings , degrading treatment, harsh and life threatening prison conditions, restriction to freedom of movement, expression, association , internet and the press.

It is estimated at the international level that, more than three million people are held in pre-trial detention at any time, for example on 1″ of September 2008, 22% of the European Union total prison population was approximately 625,000 prisoners. In 2007, one of every five detainees was acquitted in England and Whales while 40% of all pre-trial detainees received a non-custodial sentence and in some cases, most of the prisoners can be held for years without an opportunity for trial.

In Nigeria, the average period of detention waiting trial is three years and in countries with the most broken crim justice system usually takes a longer period to resolve and in Liberia, almost 97% of all those in prisons are pre-trial detainees.

The League of Nations (L.N) has made efforts to protect the rights of pre-trial detainees by creating the International Penal and Penitentiary Commission (I.P.P.C) which sets outs the ways in which prisoners should be treated. The United National (U.N) through the Universal Declaration of Human Rights 1948 (U.D.H.R) and the United Nation Rule of the Standard Minimum Rules for the Treatment of Prisoners 1955 (S.M.R.T.P) has greatly protected the rights of pre- trial detainees.

In addition, the Universal Declaration of Human Rights has greatly protected the rights of pre-trial detainees by stating that all human beings are born free and equal in dignity and rights , and provides all equal treatment and prevents discrimination on any status . Such as protecting the rights of life, liberty and security of a person, prohibiting torture and cruel and inhuman or degrading treatment or punishment, gives rights to an effective remedy and prohibits arbitrary arrest detention or exile

In Cameroon, the rate of total prison population in pre-trial detention is 70% in 2014 and the pre-trial detention started since the colonial era where citizens were detained for failing to undertake construction work for administration. Following the Anglophone crisis, it has led to more harm as the number of pre-trial detainees has greatly increased leading to overcrowding in the prison facilities and has exposed detainees to various diseases like rashes, chickenpox and asthma.

Also, to help protect the interest and the rights of pre-trial detainees, the United Nations also enacted two bills of rights which are the International Convention on Civil and Political Rights 1966 (1.C.C.P.R) and the International Convention on Economic, Social and Cultural Rights 1966 (1.C.E.S.C.R).

They also enacted other conventions to advance the promotion of the rights of detainees such as the Convention of the Rights of a Child 1989 (C.R.C.), the International Convention on the Elimination of All Forms of Racial Discrimination 1965 (I.C.E.A.F.R.D) and the Convention on the Elimination against Women (C.E…W) 1979,

1.2 Statement Of The Problem

To begin with, human rights are fundamental rights that are inherent and must be respected by all citizens from the elderly to the youngest. According to the Universal Declaration of Human Rights 1948, the United Nations and its member States are obliged to respects these rights that are inherent , and by doing so the Cameroon Government has put in place laws to make sure these rights are being respected. For example the rights of people with disabilities is one of the fundamental rights that needs to be respected but that is not the case as many disabled persons are been neglected.

Secondly, Cameroon is endowed with so many national and international laws regulating the protection of the rights of pre-trial detainees but non respect and violations of these laws has become the other of the day where detainees are been remand in custody more than the specific duration which is 48 hours according to the Cameroon Penal Code 2016.

Also, in Cameroon, one is tempted to say the laws regulating torture, cruel and degrading treatment in Cameroon is a myth because that is not the case in most prison cells as pre-trial detainees are subjected to cruel and inhuman practices. Such as shortage of food, faced with health challenges, which even leads to death due to lack of social amenities and lack of freedom of movement. Also, the problem of overcrowding in most prison cells, this is the cases where the capacity of the cell is less than the number of prisoners found in the cell, for example in New Bell in Douala the prison was meant to hold 800 prisoners but it hold 3100 including pre-trial detainees.

Furthermore, arbitral detention is a serious violation of the rights of pre-trial detainees and to ever citizen as a whole but it has become a phenomenon of the day as citizens are been arrested, detained and tortured before they are even Investigated if they actually committed the alleged crime or not.

1.3 Research Questions

1.3.1 Main Research Question

The main research question is, what are the rights protecting pre-trial detainees in Cameroon?

1.3.2 Specific Research Questions

1. What is the concept of pre-trial detention in the criminal justice system in Cameroon?
2. What are the Legal frameworks regulating the protection of the rights of pre-trial detainees in Cameroon?
3. How effective are the measures regulating the protection of the rights of pre-trial detainees in Cameroon?
4. What policy recommendations can be made to improve the protection of the rights of pre-trial detainees in Cameroon?

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