The Extent To Which The Laws Protect The Pretrial Rights Of Detainees In Cameroon (Buea Case)
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background To The Study
In
numerous countries Dominican Republic,
Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Mali, Nigeria,
Pakistan, Paraguay, Peru, Rwanda, Uganda, Uruguay and Venezuela, unsentenced
prisoners make up the majority of the prison population. Such detainees may in
many instances be held for years before being judged not guilty of the crime
with which they were charged.
They
may even be imprisoned for periods longer than the sentences they would have
served had they been found guilty. This state of affairs not only violates
fundamental human rights norms, it contributes significantly to prison
overcrowding, a problem that is itself at the root of numerous additional
abuses.
The
lengthy detention of unsentenced prisoners has its origins in two common
phenomena: the denial of pretrial release to criminal defendants, and the
excessive duration of criminal proceedings. Both of these ingredients in
themselves violate international human rights norms, but combined together they
constitute a grievous affront to justice.
Consistent
with the presumption of innocence, defendants should normally be granted
release pending trial. Articulating this principle, the International Covenant
on Civil and Political Rights (ICCPR) provides in relevant part that: "It
shall not be the general rule that persons awaiting trial shall be detained in
custody, but release may be subject to guarantees to appear for
trial." In interpreting this
provision, the U.N. Human Rights Committee has ruled that detention before
trial should be used only to the extent it is lawful, reasonable, and
necessary.
Necessity
is defined narrowly: “to prevent flight, interference with evidence or the
recurrence of crime” or “where the person concerned constitutes a clear and
serious threat to society which cannot be contained in any other manner.” (1)
The weighing of the relevant criteria for a finding of necessity requires an
individualized determination.
The
laws of many countries, either as they are written or as they are applied, do
not satisfy these criteria. Some countries simply lack a mechanism for granting
pretrial release. In other countries, large categories of prisoners such as
persons charged with drug crimes or crimes of violence, or recidivists may be
disqualified from obtaining relief under the terms of provisional liberty laws.
Pre-trial detention remains a problem around the world. There are now close to
three million pretrial detainees globally.
In
such countries, accordingly, the large majority of pretrial detainees may not
be eligible for provisional release. Moreover, judges are often hostile to the
idea of pretrial release, leading them to refuse to apply provisional liberty
laws even to eligible defendants.
Particularly
when defendants are detained, the long delays associated with criminal trials
in many countries are also inconsistent with international human rights norms.
Such delays violate two provisions of the ICCPR, Articles 9(3) and 14(3)(c),
which prohibit unreasonably protracted criminal proceedings. Although the U.N.
Human Rights Committee has emphasized that long criminal proceedings must be
assessed on a case-by-case basis.
Since
1991 the Council of Europe's Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT) and the Subcommittee on
Prevention of Torture and Other Cruel, Inhumane or Degrading Treatment or
Punishment (SPT), have repeatedly criticized restrictions and isolation.
Despite
all the critique countries have been reluctant to make any change. One of the
main issues with their regulation on detention and arrest is the lack of a
maximum time limit for detention and the imposition of restrictions. Long
detention periods in combination with full restrictions are equivalent to
isolation.
The
conditions of detention are at risk of reaching the level of inhuman or
degrading treatment established in Article 3 of the European Convention on
Human Rights (ECHR). Restrictions must
be imposed restrictively according to the principle of proportionality.
The Cameroon state security officers,
comprising the gendarmerie, police and army are committing serious violations
of rights of pre-trial detainees in breach of International Covenant on Civil and Political Rights, the
Covenant Against Torture, the UN Basic principles on the use of Force and Fire
arms and the African charter on Human and people Rights (ACHPR) as well as
other international and regional human rights instruction such as Robben Island
guide lines, police
1.2 Statement Of The Problem
The
research problem is based in the violation of pretrial rights of detainees.
Therefore,
the research interns to know what accounts for such violation and
non-compliance.
1.3 Research Questions
1.3.1 Main Research Question
How
does the law protect the pretrial rights of detainees in Cameroon? (Buea Case)
1.3.2 Specific Research Questions
- What is the legal framework for the protection of pretrial rights of detainees?
- What are the various pretrial rights of detainees?
- How effective are those laws protecting pretrial rights of detainees?
