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COMMITTEE AGAINST TORTURE CONTINUES REVIEW OF REPORT FROM CAMEROON
19 November 2003
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The Committee against Torture this afternoon continued to review the third periodic report of Cameroon on how that country implements the provisions of the Convention against Torture.
The Cameroon delegation, which was led by Francis Ngantcha, Minister Counselor at the Permanent Mission of Cameroon to the United Nations Office at Geneva, said that arrests and detentions by traditional chiefs were not justified in Cameroon. Traditional chiefs had no right to conduct criminal investigations or to pronounce sentences and they were not above the law. Concerning cases of corruption in detention centres, the delegation said the authorities had pursued all allegations of corruption and that the police, armed forces and prison staff were all trained to identify any signs of torture or ill treatment. Subsequent to receiving several complaints of corruption, a National Commission and an Ad-hoc Committee were established to combat corruption at all levels.
The Cameroon delegation also referred to the establishment of the National Committee on Human Rights and Freedoms in 1990 which received allegations of torture and produced a monthly report on its activities. A case involving the disappearances of nine young men in 2001 had been raised and had resulted in the eventual arrest and sentencing of members of military operational units.
The Committee will reconvene at 3 p.m. on Thursday, 20 November, to issue its conclusions and recommendations on the reports of Morocco and Latvia.
Discussion on Third Periodic Report of Cameroon
FRANCIS NGANTCHA, Minister Counselor at the Permanent Mission of Cameroon to the United Nations Office at Geneva, stated that Cameroon strived to uphold the preservation of public order and human rights. Judges in Cameroon had the primary role of guarding individual liberties in accordance with the Constitution.
On the question of custody, the delegation said that a person could be held for up to 48 hours after arrest under military custody and for 24 hours under police custody before being formally charged. They noted that a draft law was pending which reviewed this matter in lieu of distances between places of arrest and places of custody. This law was being reviewed by the Commonwealth and the Organization of the Francophone and they would in turn take into consideration the concerns raised by the Committee.
With regard to the question on arrests and detentions by traditional chiefs, the delegation said that no law in Cameroon justified this practice. Traditional chiefs had no right to conduct criminal investigations or to carry out sentences and they were not above the law. Furthermore, traditional chiefs found to carry out such practices were investigated under the rule of law. The delegation cited a specific case of a traditional chief who had been sentenced to two years in prison for taking the law into his own hands.
On the question on the powers of the Minister of Justice, the delegation stated that magistrates fell under the authority of the Minister of Justice and not under the hierarchy control of prefects or governors. Prosecutors were subjected to the hierarchies of the Minister of Justice although the Public Prosecutor could initiate proceedings without the authority of the Minister of Justice.
Concerning registers to monitor custody procedures, the police custody registers in gendarmeries and police stations were maintained by the company commander in the case of the gendarmerie and by the public security commissioner in the case of police stations. They contained several headings, among them, the name of the accused, the purpose of detention, the condition of health, the medical examination findings and objects in their possession on arrival and departure. These registers were regularly inspected by the International Committee of the Red Cross and the National Committee on Human Rights.
On the question of court jurisdictions, the delegation stated that all courts respected fundamental human rights. Military courts were authorized to act as a result of a 1972 ruling and the Military Tribunal was the sole competent body to deal with infractions carried out by military personnel, such as the illegal use of weapons. No one less than 18 years old could be brought before this court. Military magistrates received the same education and training as their civil counterparts.
Answering a question on excluding evidence obtained by torture, the delegation said that torture was clearly against Cameroonian law and no such evidence was admissible in a court of law.
Concerning appeals on cases of expulsion, Cameroonian law allowed for a period of up to eight days for the individual to approve or disapprove the charges brought against them, the delegation stated. The case of an individual in Cameroon indicted by the International Criminal Tribunal for Rwanda was mentioned. There was compatibility between the articles of the Convention and Cameroon law which applied to foreigners on Cameroon territory, the delegation added.
Referring to cases of torture and ill treatment mentioned in the reports of the Special Rapporteur on Torture and other United Nations Special Rapporteurs, the delegation said most of these cases were referenced to information received from NGOs and the Government subsequently looked into the cases. In turn their replies were referred to the Office of the United Nations High Commissioner for Human Rights.
In response to a question, the delegation said that the conditions of prisons had been affected as a result of budgetary restraints. Concerning cases of corruption in detention centres, the delegation said the authorities had pursued all allegations of corruption and that the police, armed forces and prison staff were all trained to identify any signs of torture or ill treatment. Subsequent to receiving several complaints of corruption, a National Commission and an Ad-hoc Committee were established to combat corruption at all levels.
Turning to questions on the National Committee on Human Rights and Freedoms, the delegation recalled that the Committee was established in 1990 and was chaired by an independent person and its members consisted of ministry officials and representatives of the Supreme Court and the Bar Association. The Committee received allegations of torture and its Secretariat provided a monthly report on its activities.
Answering a question on a specific case of disappearances involving nine young men, the delegation referred to the establishment of military operational units as a result of the growing concern over the increase in crime in Cameroon in 2000, namely robberies, killings and rape. These units had been deployed to combat these major crimes and in turn provided increasing security. In 2001 there were reports of the disappearance of nine boys involving members of these operational units which had resulted in an investigation and eventually the arrests of seven military members of these units on charges of torture, corruption and violation of responsibility. Only two of them had been sentenced to prison sentences because of insufficient evidence. Since then no operational units had been established.
In response to a question raised about appeals, the delegation declared that any victim of torture had the right to file a complaint with a judicial body, among them the Attorney General’s Office and the Appeals Court. They could also lodge a complaint with the National Committee on Human Rights and Freedoms.
In response to a question on discrimination against women, the delegation said that Cameroon had taken measures to remedy this situation such as the establishment of the Ministry for the Promotion of Women, which aimed to ensure the rights of women and to combat discrimination. There had been efforts to eliminate cultural taboos and a campaign for public awareness had been initiated focusing mostly on vulnerable sectors in society. A Department for Women Affairs had been set up and a law on violence against women was pending which aimed to criminalize such acts of discrimination. On the question of the separation of women and male inmates, the delegation said that under no circumstances in Cameroonian law could women and men inmates cohabitate. In response to a question, the delegation provided statistics on the numbers and causes of deaths in prisons.
The Cameroon delegation, which was led by Francis Ngantcha, Minister Counselor at the Permanent Mission of Cameroon to the United Nations Office at Geneva, said that arrests and detentions by traditional chiefs were not justified in Cameroon. Traditional chiefs had no right to conduct criminal investigations or to pronounce sentences and they were not above the law. Concerning cases of corruption in detention centres, the delegation said the authorities had pursued all allegations of corruption and that the police, armed forces and prison staff were all trained to identify any signs of torture or ill treatment. Subsequent to receiving several complaints of corruption, a National Commission and an Ad-hoc Committee were established to combat corruption at all levels.
The Cameroon delegation also referred to the establishment of the National Committee on Human Rights and Freedoms in 1990 which received allegations of torture and produced a monthly report on its activities. A case involving the disappearances of nine young men in 2001 had been raised and had resulted in the eventual arrest and sentencing of members of military operational units.
The Committee will reconvene at 3 p.m. on Thursday, 20 November, to issue its conclusions and recommendations on the reports of Morocco and Latvia.
Discussion on Third Periodic Report of Cameroon
FRANCIS NGANTCHA, Minister Counselor at the Permanent Mission of Cameroon to the United Nations Office at Geneva, stated that Cameroon strived to uphold the preservation of public order and human rights. Judges in Cameroon had the primary role of guarding individual liberties in accordance with the Constitution.
On the question of custody, the delegation said that a person could be held for up to 48 hours after arrest under military custody and for 24 hours under police custody before being formally charged. They noted that a draft law was pending which reviewed this matter in lieu of distances between places of arrest and places of custody. This law was being reviewed by the Commonwealth and the Organization of the Francophone and they would in turn take into consideration the concerns raised by the Committee.
With regard to the question on arrests and detentions by traditional chiefs, the delegation said that no law in Cameroon justified this practice. Traditional chiefs had no right to conduct criminal investigations or to carry out sentences and they were not above the law. Furthermore, traditional chiefs found to carry out such practices were investigated under the rule of law. The delegation cited a specific case of a traditional chief who had been sentenced to two years in prison for taking the law into his own hands.
On the question on the powers of the Minister of Justice, the delegation stated that magistrates fell under the authority of the Minister of Justice and not under the hierarchy control of prefects or governors. Prosecutors were subjected to the hierarchies of the Minister of Justice although the Public Prosecutor could initiate proceedings without the authority of the Minister of Justice.
Concerning registers to monitor custody procedures, the police custody registers in gendarmeries and police stations were maintained by the company commander in the case of the gendarmerie and by the public security commissioner in the case of police stations. They contained several headings, among them, the name of the accused, the purpose of detention, the condition of health, the medical examination findings and objects in their possession on arrival and departure. These registers were regularly inspected by the International Committee of the Red Cross and the National Committee on Human Rights.
On the question of court jurisdictions, the delegation stated that all courts respected fundamental human rights. Military courts were authorized to act as a result of a 1972 ruling and the Military Tribunal was the sole competent body to deal with infractions carried out by military personnel, such as the illegal use of weapons. No one less than 18 years old could be brought before this court. Military magistrates received the same education and training as their civil counterparts.
Answering a question on excluding evidence obtained by torture, the delegation said that torture was clearly against Cameroonian law and no such evidence was admissible in a court of law.
Concerning appeals on cases of expulsion, Cameroonian law allowed for a period of up to eight days for the individual to approve or disapprove the charges brought against them, the delegation stated. The case of an individual in Cameroon indicted by the International Criminal Tribunal for Rwanda was mentioned. There was compatibility between the articles of the Convention and Cameroon law which applied to foreigners on Cameroon territory, the delegation added.
Referring to cases of torture and ill treatment mentioned in the reports of the Special Rapporteur on Torture and other United Nations Special Rapporteurs, the delegation said most of these cases were referenced to information received from NGOs and the Government subsequently looked into the cases. In turn their replies were referred to the Office of the United Nations High Commissioner for Human Rights.
In response to a question, the delegation said that the conditions of prisons had been affected as a result of budgetary restraints. Concerning cases of corruption in detention centres, the delegation said the authorities had pursued all allegations of corruption and that the police, armed forces and prison staff were all trained to identify any signs of torture or ill treatment. Subsequent to receiving several complaints of corruption, a National Commission and an Ad-hoc Committee were established to combat corruption at all levels.
Turning to questions on the National Committee on Human Rights and Freedoms, the delegation recalled that the Committee was established in 1990 and was chaired by an independent person and its members consisted of ministry officials and representatives of the Supreme Court and the Bar Association. The Committee received allegations of torture and its Secretariat provided a monthly report on its activities.
Answering a question on a specific case of disappearances involving nine young men, the delegation referred to the establishment of military operational units as a result of the growing concern over the increase in crime in Cameroon in 2000, namely robberies, killings and rape. These units had been deployed to combat these major crimes and in turn provided increasing security. In 2001 there were reports of the disappearance of nine boys involving members of these operational units which had resulted in an investigation and eventually the arrests of seven military members of these units on charges of torture, corruption and violation of responsibility. Only two of them had been sentenced to prison sentences because of insufficient evidence. Since then no operational units had been established.
In response to a question raised about appeals, the delegation declared that any victim of torture had the right to file a complaint with a judicial body, among them the Attorney General’s Office and the Appeals Court. They could also lodge a complaint with the National Committee on Human Rights and Freedoms.
In response to a question on discrimination against women, the delegation said that Cameroon had taken measures to remedy this situation such as the establishment of the Ministry for the Promotion of Women, which aimed to ensure the rights of women and to combat discrimination. There had been efforts to eliminate cultural taboos and a campaign for public awareness had been initiated focusing mostly on vulnerable sectors in society. A Department for Women Affairs had been set up and a law on violence against women was pending which aimed to criminalize such acts of discrimination. On the question of the separation of women and male inmates, the delegation said that under no circumstances in Cameroonian law could women and men inmates cohabitate. In response to a question, the delegation provided statistics on the numbers and causes of deaths in prisons.