COMMITTEE AGAINST TORTURE BEGINS REVIEW OF THIRD PERIODIC REPORT OF CAMEROON

18 November 2003

The Committee against Torture this afternoon began its consideration of the third periodic report of Cameroon on how that country implements the provisions of the Convention against Torture.
The report was introduced by Jean Simplice Ndjemba, Permanent Representative of Cameroon to the United Nations Office at Geneva, who said among other things that Cameroon had instituted several laws and regulations to combat torture and uphold human rights. Those included the series of laws promulgated by the President in 1990, the Constitutional review, and the establishment of the National Committee on Human Rights and Freedoms and the High Court for Justice. The Ambassador said that health centers had been established within prisons, and to remedy the situation of overcrowded prisons new prisons had been constructed.
Mr. Ndjemba highlighted the training sessions in schools on human rights and said that two education centers had recently been opened aimed at enhancing law enforcement and the judiciary in the area of human rights in Cameroon.
Committee Expert Guibril Camara, who served as Rapporteur for the Cameroonian report, praised Cameroon for being one of the few sub-Saharan African countries which had regularly submitted periodic reports to the Committee and for having made remarkable efforts in the areas of legislation in order to bring its legal system in line with international norms. He asked about military custody in general and terms spent in detention. The Expert asked whether the Military Tribunal had jurisdiction to try civilians and if it fell under the jurisdiction of the Ministry of Defence.
Serving as Co-Rapporteur for the report of Cameroon was Committee Expert Yu Mengjia who asked, among other things, for information on cases of allegations and corruption in detention centers and whether the visits of the National Committee on Human Rights to prison facilities had resulted in conclusions and recommendations.
Other questions raised pertained to the statistics of people in solitary confinement, access to lawyers and doctors by those detained, the cases of female inmates being housed with male inmates, extradition procedures, cases of rape in prison and the training of medical doctors in the area of torture and the role of traditional chiefs in handing down justice.
The Cameroonian delegation also included Francis Ngantcha, Minister Counselor at the Permanent Mission of Cameroon to the United Nations Office at Geneva; Jacques Kamegni, Inspector General in the National Security Office; Mohamadou Youssifou, Attaché in the President’s Office; Jean Marie Pongmoni, Director of Penitentiary Administration; Colonel Godwe Mandandi, Head of the Gendarmerie in the Ministry of Defence; Michel Mahouve, Representative in the Ministry of Justice; Bertin Bidima, First Secretary in the Permanent Mission of Cameroon to the United Nations Office at Geneva; Chantal Therese Mfoula, Representative in the Ministry of External Relations; Jean Djounkeng, Representative in the Ministry of External Relations; and Dimanche Lissou, Representative in the Ministry of Justice.
Cameroon, as one of the 134 States parties to the Convention against Torture, must provide the Committee with periodic reports on efforts to put the Convention’s provisions into effect.
The delegation will return to answer the Committee’s questions at 3 p.m. on Wednesday, 19 November. The Committee’s formal conclusions and recommendations on the report will be issued at 10 a.m. on 21 November.
The Committee will reconvene at 3 p.m. this afternoon to continue its consideration of the initial report of Yemen.
Third Periodic Report of Cameroon
The report of Cameroon (CAT/C/34/Add.17) covers the period from 1996 to 2000 and is divided into three parts: the general legal framework for the prohibition of torture; the steps taken on an article-by-article basis in relation with the Convention; and additional information and replies to the Committee’s observations raised during the last report. It notes that the Convention entered into force for Cameroon on 26 June 1987. On 19 December 1990 the President of the Republic promulgated a series of laws that had just been adopted by the National Assembly during a parliamentary session known as the “session of freedoms” during which most laws that violated human rights and fundamental freedoms were either repealed or amended. The report notes the establishment of the National Committee on Human Rights and Freedoms in November 1990 which has made the prohibition of torture its main focus and whose work is supplemented by several private charities and non-governmental organizations (NGOs) concerned with human rights.
The report mentions two laws adopted in January 1997 in the fight against torture, one which recalls the right of every person to be protected against torture and one prohibiting the expulsion or extradition of a person to a State where they may be subjected to torture. The report lists several international commitments undertaken by Cameroon for the protection of human rights, including on women, forced labour, the rights of the child and refugees and notes the signing by Cameroon of the International Criminal Court statute in July 1998.
To remedy the problem of overcrowding and health care in prisons, three new prisons have been constructed and a prison health care office has been created. The post of superintendent within units of the security police has also been created to ensure the safety of persons in police custody. The report lists several statistics concerning disciplinary measures taken and acts of torture carried out by members of the police force and military. The report states that under its Extradition Act of 1997 acts of torture may be prosecuted in Cameroon even if the offences are committed abroad by a non-Cameroonian. The prohibition of torture is dealt with in courses on human rights, which have been introduced into the teaching syllabus in civilian, military, judicial, medical and police personnel training schools.
Presentation of Report
JEAN SIMPLICE NDJEMBA, Permanent Representative of Cameroon to the United Nations Office at Geneva, said that Cameroon had instituted a series of laws and regulations to combat torture and uphold human rights. Among them were the series of laws promulgated by the President in 1990, the Constitutional review, and the establishment of the National Committee on Human Rights and Freedoms and the High Court for Justice. To emphasize Cameroon’s cooperation with the international community, the Ambassador mentioned that his country had supported the work of the International Criminal Tribunal in Rwanda and other international organizations.
The Ambassador said there were new laws and regulations regarding police, gendarmerie, and prison officials to provide strict measures on custody, adding that regular inspections took place within the police and armed forces. He cited the case of an army Captain who was tried and sentenced by a military court for having been found guilty of illegal acts. The Captain was given a heavy fine. He added that investigations always took place when any crime within the army was committed and that no evidence could be admitted if it was obtained by means of torture. He mentioned that 500 such disciplinary cases had been brought forth since 1990.
Turning to the reform of the prison policy, the Ambassador said health centers had been established within prisons. To remedy the situation of overcrowded prisons, three new prisons had been built and more prisoners had been pardoned or had received reduced sentences. The Head of National Security Services, who was responsible for improvements of conditions of custody, circulated a letter recently regarding the examination of suspects aimed to guarantee their physical safety and well-being. Measures had been taken to establish more flexible procedures regarding detention overall, particularly on the lengths of detention.
He mentioned the various training sessions in schools on human rights and that two education centers had recently been opened aimed at enhancing law enforcement and the judiciary in the area of human rights. More than 1,000 police commissioners and officers had concluded their studies in August this year and more than 3,700 police had completed their training shortly afterwards.
Lastly, the Ambassador said that in September 2001, Cameroon had welcomed the Special Rapporteur of African Human Rights who had visited the country and had submitted a report. Cameroon had also contributed to the Voluntary Fund on Torture.
Discussion
Serving as Rapporteur for the report of Cameroon was Committee Expert GUIBRIL CAMARA who praised Cameroon for being one of the few sub-Saharan African countries which had regularly submitted periodic reports to the Committee and for having made remarkable efforts in the area of legislation in order to bring its legal system in line with international norms. However, in practice these efforts had not been followed up, he said. Certain practices and rules existed in the country which were not compatible with international law, in particular in the case of military custody and the extended amount of time spent in detention. The Expert asked whether there were means of controlling this type of custody. He asked for information on the time frame between pre-trial detention and initial hearings and whether there were registers to monitor specific information with regard to arrested suspects.
The Expert asked whether the Military Tribunal had jurisdiction to try civilians and if it fell under the jurisdiction of the Ministry of Defence. He asked for general information on the appeal process and extraditions.
Serving as Co-Rapporteur for the report of Cameroon was Committee Expert YU MENGJIA who expressed his satisfaction over the quality and timing of the report submitted by Cameroon and welcomed the efforts on education, in particular. The Expert asked for information concerning visits to detention centers. What information did the delegation have on cases of allegations and corruption in detention centers?
The Expert asked whether the visits of the National Committee on Human Rights to prison facilities had resulted in conclusions and recommendations. He asked for clarification on information received with regard to investigations only being conducted when deaths occurred. He specifically asked for the outcome of nine adults who had disappeared in January 2001. In general, he asked for statistics on human rights violations and how prevalent were the cases of discrimination and violations against women. Lastly, he asked if Cameroon was planning to take steps to adopt legislative provisions concerning the inadmissibility of evidence obtained by means of torture.
Other Committee Experts also put questions, asking for more information on statistics for people in solitary confinement, access to lawyers and doctors by those detained, the cases of female inmates being housed with male inmates, extradition procedures, cases of rape in prison and the training of medical doctors in the area of torture, among other things.
An Expert asked about the role of traditional chiefs in handing down justice and the limits of their authority. He cited the case of an individual who was arrested by the army for having stolen money and was later released but was brought to the local traditional chief who subjected him to torture. The man had later died.
Another Expert asked for information on the composition of military tribunals, and the training of those who were part of these tribunals. He also asked if these proceedings were public or private, and if they allowed for access to lawyers and for the possibility of appeal.