THE APPLICATION OF HABEAS CORPUS IN CAMEROON

ABSTRACT

The main purpose of this study is to examine the application of habeas corpus in Cameroon. In Cameroon just like in some countries, pre-trial detainees reportedly constitute the majority of the prison population and in some settings even over 90 per cent of detainees. They are legally presumed innocent until proven guilty but may be held in conditions that are worse than those for convicted prisoners and sometimes for years on end. About one-third of the prison population in Cameroon consists of those who have not been convicted of an offence or those whose conviction has been carried out illegally. Hence, the urgent need to examine the applicability of habeas corpus in Cameroon. But the situation in Cameroon proves difficult because despite Cameroons attempts to guarantee the consolidation of habeas corpus through international and national instruments, the application of habeas corpus has been met by certain challenges such as misuse of the remedies by some overzealous authorities, defiance of court orders in the enforcement of the writ of habeas corpus by administrative authorities, and the ever increasing influence of the executive power on the Judiciary in Cameroon. These loopholes have casted doubt on the effectiveness of the law to guarantee the consolidation of habeas corpus in Cameroon. The general objective of this work is to examine the consolidation of habeas corpus in criminal matters in Cameroon. In order to do this, the research adopts the qualitative research methodology. One of the main findings of the work is that Cameroon as a State committed to the protection of its citizens’ rights has ratified treaties protecting human rights of people including legal freedoms. Consequently, to consolidate habeas corpus in criminal matters in Cameroon, the work strongly recommends that Cameroon should ensure that all international treaties duly signed geared towards preventing and prohibiting torture as well as arbitrary arrest should also be ratified or acceded to.

CHAPTER ONE

GENERAL INTRODUCTION

 1.0 INTRODUCTION

In chapter one, we will be looking at the background to the study, statement of the problem, research questions, research objectives, research methodology, scope of the study, significance of the study, literature review, definition of terms and lastly the organizational layout/synopsis.

1.1 BACKGROUND TO THE STUDY

At any one time, an estimated 3.2 million people are behind bars awaiting trial, accounting for 30 per cent of the total prison population worldwide. In some countries, pre-trial detainees reportedly constitute the majority of the prison population, and in some settings even over 90 per cent of detainees.[1] They are legally presumed innocent until proven guilty but may be held in conditions that are worse than those for convicted prisoners and sometimes for years on end. About one-third of the prison population in Cameroon consists of those who have not been convicted of an offence or those whose conviction has been carried out illegally. There are others who are detained in police custody.^[2] These detainees are deprived of their liberty.^[3] Given the large number of individuals affected by various forms of pre-trial detention, the relevant procedures must be considered in relation to compliance with international human rights legal standards. Torture is one of worst scourges known to humankind. It is a problem in all regions of the world and affects all kinds of persons. Remand prisoners are detained during criminal investigations and pending trial. Pre-trial detention is not a sanction, but a measure to safeguard a criminal procedure[4]. 

International law guarantees the right of all individuals deprived of their liberty to an expeditious judicial procedure in which an independent and impartial court reviews the legality of their detention and orders the release of individuals wrongfully detained.[5] This right is commonly referred to as ‘habeas corpus’ in legal systems that are based on common law. The right entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful.[6]

The right to challenge the lawfulness of detention before a court is a self-standing human right, the denial of which constitutes a human rights violation. Habeas corpus protects personal liberty or physical integrity by means of a judicial decree ordering the appropriate authorities to bring the detained person before a judge so that the lawfulness of the detention may be determined and, if appropriate, the release of the detainee ordered.[7]The protection of personal liberty, it has been said, is essential to the development of a culture of respect for human rights.[8] It is to safeguard this important right that English law very early developed the famous writ of habeas corpus.[9]the writ of habeas corpus has since grown in popularity and today it has been adopted in various forms in many (especially common law) jurisdictions.[10]

Cameroon is among the countries that have introduced statutory provisions relating to habeas corpus. In 2006, there was a major overhaul of Cameroon’s criminal procedure law following the promulgation of a uniform Criminal Procedure Code (CPC),[11] applicable in both the Anglophone regions (where the common law is applicable) and the Francophone regions (where French civil law is applicable).[12]One of the major innovations of the CPC is the reform of the law on habeas corpus which was partially reliant on inherited English rules of procedure. The new law represents a significant improvement on the earlier rules as it now provides specific domestic procedures.

The preamble of the Constitution of Cameroon[13] entrenches the remedy of habeas corpus expressly when it enacts that ‘no person shall be held in unlawful custody’. Thus, the writ of habeas corpus has its foundation in the Constitution. This writ and the other writs of mandamus, prohibition and certiorari are provided for in the various ordinances bearing on Judicial Organization in the country. It figured first in Ordinance No 72/4 of 26/08/1972 organizing the Judiciary of
the Republic, as amended by Ordinance No 72/21 of 19/10/1972[14] and later by Law No 89/19 of 29/12/1989, and has now been incorporated in the CCPC[15] and in Law No 2006/015 of 29 December 2006 on Judicial Organization. It is interesting to note that the 1989 law repealed the prerogative writs of mandamus, prohibition and certiorari in administrative matters. Since it is difficult to apply these writs in non-administrative matters, it is therefore only the writ of habeas
corpus which, in principle, seemed to have continued to apply all over Cameroon after the new dispensation.[16]

By virtue of the Southern Cameroons High Court Law (SCHCL) 1955,[17]Section 10, the High Court was vested with the jurisdiction to issue these writs.[18]In effect, Section 10 of the Southern Cameroons High Court Law 1955, to which the late eminent professor made allusion, constitutes one of the exceptions to Section 11 of that same law which limits the reception of English Law to pre-1900 statutes.

1.2 STATEMENT OF THE PROBLEM

The provision of habeas corpus proceedings in the Cameroon Criminal Procedure Code demonstrates the desire of the State to respect the citizen’s right to freedom by stamping out cases of illegal and arbitrary arrests. The remedy of habeas corpus also applies to enforce the rule of law in cases of deprivation of the right to liberty taken against any person who has been acquitted, discharged or released by an ordinary court of law or by a special tribunal. The incorporation of habeas corpus in the Cameroon criminal trial process will restrain the arbitrary and illegal use of the powers of the judicial police officers and ensure respect of human rights. Despite Cameroons attempts to guarantee the consolidation of habeas corpus through international and national instruments, the application of habeas corpus has been met by certain challenges such as misuse of the remedies by some overzealous authorities, defiance of court orders in the enforcement of the writ of habeas corpus by administrative authorities, and the ever increasing influence of the executive power on the Judiciary in Cameroon. These loopholes have casted doubt on the effectiveness of the law to guarantee the consolidation of habeas corpus in Cameroon.

1.3 RESEARCH QUESTIONS

1.3.1 Main Research Question

How effective is the consolidation of habeas corpus in criminal matters in Cameroon?

1.3.2 Specific Research Questions

• What are the laws enhancing the consolidation of Habeas Corpus in Cameroon?

• How effective is the guarantee of habeas corpus in criminal matters in Cameroon?

• What are the challenges faced in the consolidation of habeas corpus in Cameroon?

1.4 OBJECTIVES OF THE STUDY

1.4.1 Main Objective

The study has a main objective to examine the consolidation of habeas corpus in criminal matters in Cameroon.

1.4.2 Specific Objectives

• To analyze the legal framework enhancing the consolidation of Habeas Corpus in Cameroon
• To appraise the application of the habeas corpus in criminal matters in Cameroon
• To examine the challenges faced in the consolidation of habeas corpus in Cameroon.

FURTHER READING: SIMILAR LAW PROJECT TOPICS WITH MATERIALS