The Cameroon Criminal Procedure Code defines illegal detention in its section 236 (2) a) as detention by a Judicial Police Officer in disrespect of the provisions of section 119 - 126 of the code.
b) Detention by the State Counsel or the Examining Magistrate in disrespect of section 218-235, 258 and 262 of the code.
Where a Judicial Police officer intends to remand a suspect in police custody, he shall inform him of the grounds for the suspicion and invite him to give any explanation he deems necessary. Mention of these formalities shall be made in the police report.
The time limit allowed for remand in custody shall not exceed 48 hours renewable once. This period may exceptionally be extended with the written authorisation of the competent State Counsel twice and reasons shall be given of each extension.
Furthermore, except in case of felonies and misdemeanour committed flagrante delicto, remand in police custody shall not be ordered on Sundays, Saturdays and Public holidays.
The subjection of a suspect, defendant, accused or convict to torture, violence, mental constraints, prolonged questioning, the administration of drugs, insidious manoeuvres or false proposals or any other method,
which is likely to compromise his freedom of action or decision or memory or sense of judgment. The refusal to allow a suspect to be visited by his counsel and family members during working hours is illegal.
An important innovation in the new Criminal Procedure Code is the fact that the Examining Magistrate or State Counsel ordering the remand of an accused must specify the period of remand in custody in the remand warrant. This is the tenor of Section 221 of the CPC, which states:
"The Examining Magistrate shall specify the period of remand in custody in the remand warrant. It shall not exceed six months.
However, such period may, by a reasoned ruling of the Examining Magistrate, be extended for at least 12 months in the case of a felony and six months in case of a misdemeanour.
Upon the expiry of the period of validity of the warrant, the Examining Magistrate shall under pain of disciplinary action against him order the immediate release on bail of the defendant unless he is detained for other reasons.''
The liberty of a subject has always been considered in criminal law as a paramount indicator towards the protection and preservation of human dignity. As society is evolving so too must be any progressive legal system.
Most international treaties and conventions dealing with the enhancement and protection of these rights, without distinction, have provisions aimed at achieving these objectives.
It is stated in the preamble of the Cameroon Constitution of 1996 that:"No person may be prosecuted, arrested or detained except in the cases and according to the manner determined by law."
Enriching the above stated proviso, article 9(5) of the International Covenant on Civil and Political Rights provides:
"Any one who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.''
Besides the disciplinary sanctions provided in the code, any person who has been unjustly or illegally detained (by the Examining Magistrate or State Counsel or Judicial Police officer) may,
when the proceedings end in a no case or acquittal which has become final, obtain compensation if only he or she can validly prove actual injury of a particular serious nature as a result of such incarceration.
The State shall pay the compensation and may recover the money from the State Counsel or Examining Magistrate or Judicial Police Officer at fault. This is contained in section 236 of the CPC. `
The procedure for seizing the commission is by way of an application within six months from the date of the end of the illegal detention or from the date the no case ruling or acquittal decision becomes final.
Pursuant to the provision of section 237(1) of the CPC, the composition of members of the commission include:
A President, who shall be a Judge of the Supreme Court, two Court of Appeal Judges,
a representative of the Ministry in charge of Higher State Control, a representative of the Ministry in charge of Public Service,
a representative of the Ministry in charge of Finance, a Member of Parliament designated by the Bureau of the National Assembly, and the President of the Bar Counsel or his representative.
Where the action is against a Judicial Police officer, the commission shall in addition to the above include a representative of the Department in charge of National Security or the Gendarmerie as the case may be. This is the tenor of section 237(1) of the CPC.
To an extent, the new code is intended to curb the excesses committed daily by some judicial authorities and by so doing the State declines the responsibly of an illegal act committed by any judicial authority in the execution of his judicial functions.
Barrister Tanyi Joseph Mbi,
Chief Executive Officer (CEO)
Centre for Human Rights Education, Training & Research
(CHETAR) or [email protected] or 5830339
ALPHONSE SIYAM SIWE NAMES NAMES.
...Biya escapes the long arm of the law by the skin of the teeth.
...Vice Prime minister, Ahmadou Ali may find himself in Kongdengui including some world bank officials, if Cameroon is truly a land of the law.
...this information filtered out from an unquestionably reliable source.
Lawyers for Former Douala Ports Authority General Manager, Alphonse Siyam Siwe and Board Chairman, Edouard Etonde Ekotto now standing trial for the embezzlement of 42 billion francs have raked up a list of some 100 personalities and institutions whom they claim are also involved in the scam and should mount the witness box. The list released in two parts contains names of serving and former paliamentarians, ministers, and foreign firms. Even some World Bank officials have been cited in the very explosive document.Prominent among those cited are the Vice Prime Minister, Minister of Justice and keeper of the Seals, Amadou Ali, Minister of State incharge of Territorial Administration, Marafat Amidou Yaya, Minister of Commerce , Luc Magloire Atangana and Former Communication Minister Pierre Moukoko Mbonjo.
At the time of printing some 100 personalities had been implicated. The matter which came up for hearing last Tuesday and Wednesday is being bogged down over procedurial objections being raised by the defence and was adjourned to March 6. It should be noted that on Tuesday the Court Registrar collapsed when the matter was called up. Some top officials of the World Bank and foreign companies have been implicated in the financial scandal at the Douala Autonomous Port as a new list of suspects has been established bringing the number of suspects to 51. The head of the World Bank mission to Cameroon , Madam Florence Charlier and an expert with the Bank, Koyasse Faustin have been cited by judicial sources as potential suspects.
Five foreign companies have also been cited for investigations. Among them is the notorious French company Group Boller? whose founder is highly blamed for provoking the civil war in Ivory Coast. He is accused of signing non-tenable contracts to clear the bed of the dockyard. A Dutch naional Renier Vanherel is also expected to answer questions
related to the role of his company, Damen Shipyard Rotterdam in the scandal.
Three Japanese companies, including the Japan Bank of International Cooperation (JBIC), Mitsui and Co LTD, 2-1, OTHEMCHI 1-CHOME, CHIYODA, TOKYO , Ocean Consulting Japan (OJC). All these companies are suspected of trafficking money.The sources say most of the new suspects (40) are likely to end up in jail giving the compelling incriminating evidence against them.
The list which The Sun got, also contained the names of former ministers, serving
parliamentarians, highly placed business persons, foreigners, and banking institutions as well individuals of high standing, including the president of the Bar Council Barrister Charles Tchoungang, who will bear testimony to a colleague's involvement in the scam. A former minister likely to be jailed in the long run, is Pierre Moukoko Mbonjo who The Sun was told got his hands soiled while signing a contract, at the time he was Chief of Cabinet in the Prime Minister's office with a Japanese company, METSUI to clear the bed of the dockyard. It is alleged Pierre Moukoko Mbonjo made kick backs and render the contract fishy. Christopher Nsahlai, one time Minister for Transport, and currently board chair of the Douala autonomous port, is also suspected of shady deals with Siyam Siewe the detained former Managing Director of the port. Another outstanding revelation was the involvement of one of the Deputy Speakers of the national assembly, Jacob Fosi who is CPDM Member of Parliament for the Menoua, in the west province. As manager of SAFRIC, a company involved in clearing the bed of the dockyard, he is thought to have signed out unjustified sums of money. Another MP, Bernard Forju of the Lebialem constituency will also answer charges.
One of the suspects Zibi Frank Martin was arrested recently with several millions of francs cfa on him. He is even said to have stocked some of the money in his pants. Officials of the World Bank are also being sited in the scandal. Sources close to the dossier did not say when the new suspects will be heard. But it is highly expected that Cameroonian authorities would seek help from the international community to bring those of them who are abroad to answer the charges at the Wouri High Court.
We shall get you posted as development unfolds.
The worried Son!
Posted by: Akoson | Thursday, 08 March 2007 at 03:50 AM