Cameroon was a democratic State that did not practice torture. It was committed to fighting violence in all its forms. Acts of torture were not authorised by the State, and inquiries had been launched into all reported acts.
The security crisis in Cameroon was coming to an end, thanks to measures implemented by the Government. The crisis was not a conflict between anglophones and francophones. There was no war in Cameroon; law enforcement officers were responding to isolated acts of terrorism.
Draft legislation on domestic violence was being reviewed by relevant stakeholders. Spouses who were victims of rape could bring their case to court, as rape was prohibited under the Penal Code. The Government was providing counselling, guidance and dignity kits to internally displaced women and girls across the State. The national strategy to combat gender-based violence and the national action plan for the elimination of female genital mutilation were launched in 2022. The strategy aimed to reduce gender-based violence cases by 50 per cent by 2026.
Women who sought abortions and persons who subjected women to abortions without their knowledge were punished with imprisonment. However, abortion was not completely banned in Cameroon; it was permitted when there was a danger to the mother’s health and when the pregnancy was the result of rape.
The sentences for torture were 10 to 20 years imprisonment for torture that resulted in the loss of limbs, five to 10 years for torture that led to incapacitation or illness for more than 30 days, and up to two years imprisonment for torture leading to incapacitation or illness for less than 30 days. Persons who were sentenced to death could have their sentences commuted to life sentences.
Between 2022 and 2023, the police’s complaints hotline received around 179 reports of human rights violations by police officers. Some staff of the police corps had been suspended following the investigation of these complaints.
Legislation from 2019 enabled litigates with limited finances to waive court fees and access legal aid. In 2023, out of 222 applications for legal aid, 141 applications were granted. The percentage of legal aid requests that were granted had increased in recent years. Courts needed to appoint counsel for accused persons who were minors.
Human rights training was mandatory for newly recruited police and gendarme officers. Continuous training was carried out for the police and the gendarmerie on the prevention of torture. Measures had been taken to ensure that public servants were trained on human rights. The Ministry of Justice earmarked funding for human rights training each year. The Ministry of Justice had trained more than 200 judicial officers on human rights in 2023, addressing topics such as humanitarian law, domestic violence and protection against torture. There were many non-governmental organizations in Cameroon working to promote human rights.
The budget for food for detainees in prisons was constantly increasing. Each prison had nursing stations and pharmacies. The total number of staff in the prison healthcare system was 272 in 2022. Medical examinations were carried out when persons entered prisons. Reports on deaths in custody were drawn up by the prison registrar. Autopsies were carried out when deaths were suspicious. Violence leading to death had not been registered in prisons.
The number of detainees had increased to 35,000 in 2023, which exceeded the total capacity of prisons. New prison facilities were being built and existing prisons were being expanded to accommodate more prisoners. Around 51 per cent of detainees had been sentenced; the remaining 49 per cent were in pre-trial detention. The budget for the prison authority had been increased to 22.7 billion CFA francs in 2023. Over 700 detainees were reintegrated in society between 2019 and 2022.
The State had registered 44 cases of torture. Martínez Zogo was kidnapped in January 2023 and his body was later found. An investigation had been conducted into this incident and persons were charged with torture, killing and abuse of power. This case was still before the courts. There were investigations underway into the alleged abuse of Longue Longue. When investigations concluded, the suspects would be brought to court. Family members of victims were able to launch civil actions to seek redress. Torture was not used in the fight against Boko Haram. The Secretary of State for Defence had sent a letter to all military staff in 2019 stating that torture was prohibited and that all persons who used torture would be held accountable. In 2022, in a conflict in Ngarbuh, non-combatant civilians, including women and children, had died in the crossfire. Investigations into this incident were underway in the military court. These were isolated acts.
No applications for habeas corpus had been filed by persons before the military tribunal, but this was possible. All persons who were detained illegally could bring actions before the High Court to request immediate release. The Criminal Procedural Code stipulated that evidence and confessions were not admitted if they were obtained under duress or coercion.
Questions by Committee Experts
ANA RACU, Committee Expert and Country Rapporteur, called on the State party to speed up the legislative process to criminalise violence against women and domestic violence, which was important given the high number of domestic violence cases in the country. Efforts also needed to be increased to address harmful practices, which still existed in some regions of the State. Could more information be provided on the availability of shelters and rehabilitation services for victims of gender-based violence, trafficking in persons and other forms of violence?
How did medical examinations take place after admissions in police detention units? Was reporting of detainees’ injuries to an oversight mechanism mandatory? What were the morbidity and mortality rates in police detention?
There was no separate juvenile justice system in Cameroon and many child offenders were held with adults in prisons in appalling material conditions. Minors could be sentenced with alternative sanctions to detention, but in practice, punitive sanctions were the most common. What efforts had been made to set up a restorative justice system for children? How did the gendarmerie and the police ensure that regular inspections of places of detention that accommodated children were carried out? Could non-governmental organizations access prisons to provide support to juvenile offenders? Boko Haram continued to kidnap children, including girls, and use child soldiers in combative roles and to gather intelligence. What measures were in place to prevent these practices?
Cameroon had few Government-run mental health facilities. Mental health units in regional hospitals were not functional due to a lack of specialised staff. Which authorities could conduct monitoring visits of psychiatric health centres? What measures were in place to improve conditions in these centres and recruit nurses and other staff? What complaints mechanism was available for persons with psychosocial disabilities in these institutions?
JORGE CONTESSE, Committee Expert and Country Rapporteur, said that the State was responsible for the actions of civil servants. There were reports of mass graves being found in Cameroon in 2020 and 2022. The Government needed to investigate these reports.
There were many international human rights standards that specified that military courts should not try civilians. The Human Rights Committee had expressed concern about Cameroon’s military courts’ jurisdiction over civilians in 1999. Why were civilian infractions still tried before military courts in Cameroon?
How did Cameroon monitor compliance with article 15 of the Convention? How did courts ensure that no one was being subjected to duress or coercion? What was delaying investigations in the case of Martínez Zogo, and what was delaying efforts to ratify the Optional Protocol to the Convention?
Another Committee Expert said lesbian, gay, bisexual, transgender and intersex persons were particularly vulnerable to attacks. Did the State party agree that it had a responsibility to create an environment to make such attacks less likely? What awareness raising campaigns had been carried out towards this end?
Responses by the Delegation
The delegation said the State had a duty to prevent torture and it had never ordered a person to practice torture. When acts of torture were reported, they were duly investigated and responsible persons were held accountable. The State would investigate reports of mass graves.
The Government had put in place pilot shelters to receive women who were victims of domestic violence. There was also a centre that received victims of trafficking in persons, where the Government was providing psychological care and employment support to victims. There was a toll-free number through which complaints concerning trafficking could be lodged.
A juvenile justice project had been implemented to improve the treatment of children in the justice system. Training was carried out for judicial officers every year as part of this project. In certain courts, cases concerning children were treated by specialised magistrates. Generally, children were separated from adults in detention centres. In police centres that did not have separate facilities for children, detained children sat behind desks with police officers. Rehabilitation centres for children were used as an alternative to prisons for many juvenile offenders.
The State was not slowing down the processing of the case of Martínez Zogo. Proper procedures were being followed; this took time. For example, judges needed to rule on motions before discussions in court commenced and it took time to call in all witnesses. The system ensured that all stakeholders were heard.
All individuals were protected in Cameroon. There was no targeting or profiling of the lesbian, gay, bisexual, transgender and intersex community. The police could only arrest persons who engaged in flagrant acts of homosexuality.
Questions by Committee Experts
A Committee Expert said that under the Convention, Cameroon needed to take all measures necessary to prevent and punish torture, including acts committed by private persons.
JORGE CONTESSE, Committee Expert and Country Rapporteur, said that numerous journalists had written reports of mass graves. The State party needed to follow up on these. The Committee’s previous concluding observations requested specific information on specific victims of torture and ill treatment. All these victims had criticised the administration. The State had a duty to undertake due diligence related to these cases. How would it ensure that these investigations were conducted and concluded?
Responses by the Delegation
The delegation said State authorities were accountable for everything that happened on the territory. The State needed to make adequate efforts to prevent torture. Cameroon aimed to modernise governance on human rights by investing increased resources in the judicial and prison system.
The procedure for ratifying the Optional Protocol was moving towards conclusion.
There was no international convention that prohibited the trial of civilians in military courts. Military judges had the relevant legal and military training to assess cases that involved armed conflict. Sentences by military courts were of the same quality as those of civilian courts. The State party aimed to develop a legal system that met international standards.
Concluding Remarks
CLAUDE HELLER, Committee Chair, said that the rich dialogue had helped the Committee to assess the efforts and the responsibility of Cameroon related to implementation of the Convention, and to diagnose what the main problems were in the State. The Committee would present three or four priority recommendations to be implemented within one year. These would assist the State party in its efforts to uphold human rights. The Committee was interested in continuing its dialogue with the State party through the follow-up process.
SALOMON EHETH, Permanent Representative of Cameroon to the United Nations Office at Geneva and head of the delegation, said the dialogue had been very constructive. It had allowed the State party to provide clarifications on the progress made by Cameroon in protecting human rights and preventing torture and other cruel, inhuman or degrading treatment. The Committee’s expertise would enrich further legislative and policy development for the protection of human rights. The President had made human rights and the development of individuals a core part of his policy.
Cameroon was interested in pursuing reforms for the benefit of all persons on its territory. It noted the concerns raised by the Committee related to detention conditions and the situation in regions of conflict. The northwest and southwest conflict was not based on language or region; it was caused by separatists who had sought to secede using violence. The State party would continue to address this conflict and work to protect human rights.
The State party would take ownership of and effectively implement the Committee’s concluding observations. Socioeconomic challenges influenced the actions of the Government but were not a justification for delays in the implementation of laws and policy. Cameroon was moving towards practices in line with its international commitments. It looked forward to receiving support from the Committee and the international community to build on its progress and strengthen human rights protections.
