The rights of the accused have been well defined in the Cameroon Criminal Procedure Code (CPC).
An accused, as opposed to a suspect or defendant, is defined under the CPC as a person who must appear before the trial court to answer to a charge brought against him whether in respect of a simple offence, a misdemeanor or a felony.
Under the criminal law concept, it has been stated several times that it is better to free one thousand criminals than to allow one innocent man to go to jail. Pulling strength from the above, the CPC has curtailed the excesses committed on innocent citizens by judicial authorities in a bid to protect the fundamental human rights and dignity of an accused person. Prominent amongst the rights include.
Presumption of Innocence
An accused standing trial under the CPC has the right to be presumed innocent. This fundamental right extends also to the defendant and suspect.
Section (8)1& 2 of the (CPC) states:
"Any person suspected of havng committed an offence shall be presumed to be innocent until his guilt has been legally established in the course of the trial where he shall be given all necessary guarantees for his defense".
2) The presumption of innocence shall apply to every suspect, defendant and accused.
The preamble of the Cameroon constitution of 1996 states:
"Every accused person shall be presumed innocent until found guilty during a hearing conducted in strict compliance with the right of defence".
This right to be presumed innocent is not only a procedural right but also a constitutional right. Attaching importance to the above, Cameroon had, prior to the CPC, ratified International Conventions recognising and dealing with the rights of an accused.
Article 11 of Universal Declaration of Human Rights states:
"Every one charged with a penal offence shall be presumed to be innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense,'' and;
Article 14(2) of the International Covenant on Civil and Political Rights states:
"Every one charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law."
The right to be tried in a language understood by the accused
It will be unfair, unjust, and primitive and a human right volition for any court to try an accused in a language not sufficiently understood by him. To guarantee a fair trial under this heading section 354 (1) of the CPC stipulates:
"Where an accused speaks a language other than one of the official languages understood by the members of the court, or where it is necessary to translate any document produced in court, the Presiding Magistrate shall of his own motion appoint an interpreter of not less than 21 years old, who shall take oath to interpret faithfully the testimonies of persons speaking in different languages or faithfully translate the document in question.''
On the other hand the code also guarantees the right of an accused where he is deaf and dumb. Section 357 states:Where an accused is deaf and dumb and does not now how to write the Presiding Magistrate shall of his own motion appoint an interpreter a person who can communicate within him. While Section 358 stipulates:
"If an accused is deaf and dumb or has an infirmity which prevents him from being understood but is able to write the registrar shall reduce into writing the questions or observations to be put him. They shall be handed to the accused who shall reply in writing. The registrar shall read out both questions and answers. ''
The preamble of the Cameroon constitution state: The law shall ensure the right of every person to a fair hearing before the courts.
Fair trial entails that the accused should be able to understand the nature of the charge that has been preferred against him and to be tried by an independent and impartial tribunal.
Whether the accused is represented by counsel or not, the right of understanding the nature of the charge against him and the right of defending himself in a language spoken and known by him, the rights to be assisted by a translator are constitutional rights which must never be compromised to the detriment of the accused.
Barrister Tanyi Joseph Mbi
Chief Executive Officer
Centre for Human Rights Education, Training & Research.
(CHRETAR) chetar_hr@yahoo.co.uk or 583-03-39
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