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23 November 2000
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CAT
25th session
23 November 2000
Afternoon
Calls for Use of Pre-Trial Detention Only in Extreme Cases,
Dismantlement of Special Forces
The Committee against Torture issued conclusions and recommendations this afternoon on a second periodic report of Cameroon, saying, among other things, that pre-trial detention should be used only in cases of absolute necessity; that Cameroon should consider transferring control of the administration of prisons from the Ministry of the Interior to the Ministry of Justice; and that it should consider dismantling special forces created to combat banditry, as these forces had been accused of numerous human-rights violations.
The panel of 10 independent Experts also recommended that Cameroon carry out energetic investigations into all allegations of human-rights violations and torture, and that it maintain scrupulously a publicly accessible register of detainees.
The Committee cited concern, among other things, that despite the intentions of the Government, torture still seemed to be widely practised in the country.
The Committee expressed satisfaction over a series of positive developments, among them a remarkable effort made by Cameroon to reform legislation and practices so that they conformed with the Convention against Torture; the willingness of Cameroon to receive inspectors from the International Committee of the Red Cross to look into conditions of detention in the country; the scrupulous respect shown for the country's obligations under article 3 of the Convention; and the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda.
Francois-Xavier Ngoubeyou, Permanent Representative of Cameroon to the United Nations Office at Geneva, said the Government considered the Committee's conclusions to be quite balanced, although certain points indicated the Government needed to make additional efforts, and it wondered if these were absolutely essential.
Cameroon, as one of the 123 States parties to the Convention against Torture, is required to submit periodic reports to the Committee on actions taken to implement the treaty.
The Committee also was briefed this afternoon on the outcome of the twelfth meeting of Chairpersons of human-rights treaty bodies, on follow-up to recommendations made by the Chairpersons, and on the status of the plan of action to strengthen implementation of international human rights treaties.
The Committee will reconvene at 10:30 a.m. on Friday, 24 November, to issue conclusions and recommendations on a third periodic report of Guatemala.
Conclusions and recommendations on second periodic report of Cameroon
The Committee noted a number of positive developments in Cameroon, including a remarkable effort made by the Government to reform legislation and practices so that they conformed with the Convention; the country's willingness to receive a visit of the Special Rapporteur on torture, who carried out his mission without difficulty; the willingness of Cameroon to receive inspectors from the International Committee of the Red Cross to look into conditions of detention in the country; the scrupulous respect shown by the authorities of Cameroon for the country's obligations under article 3 of the Convention; the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda; the assurance by Government representatives that the National Commission on Human Rights would be authorized to visit detention centres under the conditions recommended by the Special Rapporteur; the decision by Cameroon to make declarations under articles 21 and 22 of the Convention; and the project under way to ratify the statute of the International Criminal Court.
As a factor impeding the implementation of the Convention, the Committee noted that a variety of difficulties had limited the economic resources available to the State. The Committee also observed, however, that no exceptional circumstances could be used to justify torture.
The Committee cited among matters of concern that despite the political intentions of the Government, torture still seemed to be widely practised; the continued use of administrative detention which permitted authorities of the executive branch of Government to have powers over personal liberty, a matter that in a State of law should be left to the competence of the judiciary; the gap between the adoption of norms respectful of human rights and their practical application to prevent torture; the disproportion between the considerable number of allegations of torture and ill-treatment and the very low number of prosecutions and verdicts rendered on cases of torture; the priority given to matters of security which seemed to eclipse all other considerations, including the prohibition of torture; and numerous human-rights violations attributed to the action of two special corps, the operational command and the intervention group of the national gendarmerie (GIGN).
The Committee recommended, among other things:
-- that Cameroon introduce in its legislation a mechanism permitting compensation and rehabilitation for victims of torture;
-- that it introduce in its legislation provisions prohibiting the use in court of any information or confession obtained through the use of torture;
-- that it take steps to benefit from its work to put Cameroonian legislation in conformity with articles 5, 6, 7, and 8 of the Convention;
-- that it consider effectively implementing Ministerial instructions that pre-trial detention be used only in cases of absolute necessity;
-- that Cameroon consider transferring control of the administration of prisons from the Ministry of the Interior to the Ministry of Justice;
-- that it consider dismantling special forces created to combat banditry and also that it put an end to a freeze in the recruitment of law-enforcement officers;
-- that it carry out energetically investigations already begun into allegations of human-rights violations, and, in cases not yet investigated, that it begin immediate, impartial investigations and inform the Committee of their results;
-- that Cameroon consider establishing a system for periodic evaluation of the effectiveness of the implementation of legislation prohibiting torture, using for example the existing National Human Rights Commission and NGOs committed to defending human rights;
-- and that Cameroon maintain scrupulously a publicly accessible register of persons detained.
* *** *
25th session
23 November 2000
Afternoon
Calls for Use of Pre-Trial Detention Only in Extreme Cases,
Dismantlement of Special Forces
The Committee against Torture issued conclusions and recommendations this afternoon on a second periodic report of Cameroon, saying, among other things, that pre-trial detention should be used only in cases of absolute necessity; that Cameroon should consider transferring control of the administration of prisons from the Ministry of the Interior to the Ministry of Justice; and that it should consider dismantling special forces created to combat banditry, as these forces had been accused of numerous human-rights violations.
The panel of 10 independent Experts also recommended that Cameroon carry out energetic investigations into all allegations of human-rights violations and torture, and that it maintain scrupulously a publicly accessible register of detainees.
The Committee cited concern, among other things, that despite the intentions of the Government, torture still seemed to be widely practised in the country.
The Committee expressed satisfaction over a series of positive developments, among them a remarkable effort made by Cameroon to reform legislation and practices so that they conformed with the Convention against Torture; the willingness of Cameroon to receive inspectors from the International Committee of the Red Cross to look into conditions of detention in the country; the scrupulous respect shown for the country's obligations under article 3 of the Convention; and the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda.
Francois-Xavier Ngoubeyou, Permanent Representative of Cameroon to the United Nations Office at Geneva, said the Government considered the Committee's conclusions to be quite balanced, although certain points indicated the Government needed to make additional efforts, and it wondered if these were absolutely essential.
Cameroon, as one of the 123 States parties to the Convention against Torture, is required to submit periodic reports to the Committee on actions taken to implement the treaty.
The Committee also was briefed this afternoon on the outcome of the twelfth meeting of Chairpersons of human-rights treaty bodies, on follow-up to recommendations made by the Chairpersons, and on the status of the plan of action to strengthen implementation of international human rights treaties.
The Committee will reconvene at 10:30 a.m. on Friday, 24 November, to issue conclusions and recommendations on a third periodic report of Guatemala.
Conclusions and recommendations on second periodic report of Cameroon
The Committee noted a number of positive developments in Cameroon, including a remarkable effort made by the Government to reform legislation and practices so that they conformed with the Convention; the country's willingness to receive a visit of the Special Rapporteur on torture, who carried out his mission without difficulty; the willingness of Cameroon to receive inspectors from the International Committee of the Red Cross to look into conditions of detention in the country; the scrupulous respect shown by the authorities of Cameroon for the country's obligations under article 3 of the Convention; the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda; the assurance by Government representatives that the National Commission on Human Rights would be authorized to visit detention centres under the conditions recommended by the Special Rapporteur; the decision by Cameroon to make declarations under articles 21 and 22 of the Convention; and the project under way to ratify the statute of the International Criminal Court.
As a factor impeding the implementation of the Convention, the Committee noted that a variety of difficulties had limited the economic resources available to the State. The Committee also observed, however, that no exceptional circumstances could be used to justify torture.
The Committee cited among matters of concern that despite the political intentions of the Government, torture still seemed to be widely practised; the continued use of administrative detention which permitted authorities of the executive branch of Government to have powers over personal liberty, a matter that in a State of law should be left to the competence of the judiciary; the gap between the adoption of norms respectful of human rights and their practical application to prevent torture; the disproportion between the considerable number of allegations of torture and ill-treatment and the very low number of prosecutions and verdicts rendered on cases of torture; the priority given to matters of security which seemed to eclipse all other considerations, including the prohibition of torture; and numerous human-rights violations attributed to the action of two special corps, the operational command and the intervention group of the national gendarmerie (GIGN).
The Committee recommended, among other things:
-- that Cameroon introduce in its legislation a mechanism permitting compensation and rehabilitation for victims of torture;
-- that it introduce in its legislation provisions prohibiting the use in court of any information or confession obtained through the use of torture;
-- that it take steps to benefit from its work to put Cameroonian legislation in conformity with articles 5, 6, 7, and 8 of the Convention;
-- that it consider effectively implementing Ministerial instructions that pre-trial detention be used only in cases of absolute necessity;
-- that Cameroon consider transferring control of the administration of prisons from the Ministry of the Interior to the Ministry of Justice;
-- that it consider dismantling special forces created to combat banditry and also that it put an end to a freeze in the recruitment of law-enforcement officers;
-- that it carry out energetically investigations already begun into allegations of human-rights violations, and, in cases not yet investigated, that it begin immediate, impartial investigations and inform the Committee of their results;
-- that Cameroon consider establishing a system for periodic evaluation of the effectiveness of the implementation of legislation prohibiting torture, using for example the existing National Human Rights Commission and NGOs committed to defending human rights;
-- and that Cameroon maintain scrupulously a publicly accessible register of persons detained.
* *** *