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Friday, August 17, 2018

  Cameroon detainees reportedly forced to eat excrement, transported naked:CHRDA report

By Christopher Ambe

The Centre for Human Rights and Democracy in Africa (CHRDA), with head office in Buea, has published a report about the blatant violation of suspects’ rights, titled “Cameroon Prisoners’ Rights in Flames”.
In the report, dated July 9, 2018, a copy of which was sent to our desk today, CHRDA notes with regret how mere suspects are reportedly subjected to various forms of torture including being forced to feed on excrement and transported for very long distances naked.
 CHRDA‘s Director is the celebrated and award-winning Cameroonian Human Rights Lawyer, Felix Angbor Nkongho.
The Cameroon Government, whose image is already battered since the eruption of the Anglophone crisis in October 2016, is yet to react to the report, in which it has been urged to stop further human rights violations and investigate the serious allegations for prosecution.
According to the report: “The Cameroon State security officers, comprising the gendarmerie, police and army, are committing serious violations of human rights in breach of the International Covenant on Civil and Political Rights, the Convention Against Torture,the UN Basic Principles on the Use of Force and Firearms, and the African Charter on Human and Peoples’ Rights (ACHPR), as well as other international and regional human rights instruments such as Robben Island Guidelines, the Luanda Guidelines on conditions of arrest, police custody and pre-trial detention and the Mandela Rules (Standard Minimum Rules) for the treatment of prisoners.”
The report states,” In July 2018, 18 Anglophone civilians [were] arbitrarily arrested detained, and [they] have shown signs suggesting they have been subjected to torture in cells in the Kondengui Central Prison in Yaoundé”.
The report observes that, although Cameroon authorities gave   assurances that torture was not used in line with the constitution which prohibits such, “we have strong reasons and evidence attesting to the fact that these 18 presumed-innocent individuals, are on a daily or weekly basis subjected to torture, cruel, inhuman or degrading treatment, and other forms of human rights violations, such as denial of their right to fair and speedy trials and presumption of innocence.”
Find below excerpts of the report:
A. Facts & Circumstances
“According to their legal representatives, on 16 June 2018, Tanyi Robert Tataw,32, married with children, was arrested in Tinto, Upper Banyang Sub-Division,Manyu Division, South West Region. After molesting him, blindfolding him, asking him to consume excrements, and losing an eye in this process, he was transferred naked to Yaoundé, more than 460km (280miles) away from his place of arrest.
Another detainee, Acha Ivo, 35, married and father of 3, resident in Buea, was arrested while working in his farm. After he was shot by the army, he was rushed to the hospital by neighbors and relatives where a huge sum of money was paid for his medications, but he was later arrested and taken to the Buea Central Prison. He was subsequently transferred to Yaoundé under torrential downpour and inhuman conditions.
A soldier from the Rapid Intervention Battalion (BIR), Fonjong Armstrong, took a work leave from his unit in Bamenda and was arrested by gendarmes in Mamfe without being allowed time to express himself. He was severely beaten and extorted before being transferred to the Buea Central Prison and later to Yaoundé.
Kendo Edwin Kendo, 41, married and father of 7, resident in Lebialem, was molested, extorted, looted and arrested by gendarmes while on his way to Buea and he lost a huge sum of money. He was detained in Buea, asked to consume excrements, before being transferred naked to Yaoundé.
Agbor Taku Joseph, 33, was arrested in Tiko and detained after he had a land dispute with his brother in 2016. He was arrested and later transferred from the Buea Central Prison to Yaoundé and now suffers and needs medical attention urgently.
Oben Franklin, 44, married and father of 5 from Tali village, was arrested on 16 June 2018 in Mamfe, after the security officers declared all bike owners/riders suspects. He was severely beaten, looted, and first jailed in Mamfe, before being transferred to Buea and finally to Yaoundé.
Ikoe Clinton, 23, professional teacher, arrested on 10 December 2017 while on his way to Mamfe. He was looted and told that all males from the Northwest and Southwest Regions are suspects.
Eyong Charles, 35, farmer, was molested and arrested while working in his farm, detained in Mamfe and transferred to Buea and later to Yaoundé.
John Marinus Ndenge, 43, businessman based in Buea, married and father of 5, was arrested with his wife at 8pm and his home was searched, looted, ransacked,and a huge sum was paid for the release of his wife who was 7 months pregnant at the time. He was molested, blindfolded, and transferred naked to Yaoundé.
Odema Francis, 38, motor electrician based in Limbe, serving a life
Imprisonment for theft but has already spent 15 years. He was transferred to Yaoundé on grounds that he is a terrorist or is associated with terrorism.
Effia Gideon Nji, a tapper at the Cameroon Development Corporation (CDC), was molested while returning from his farm and looted.

B. Legal Analyses
According to law, an individual may be arrested only with a warrant of arrest, and in respect of all procedures related to that court order, like informing the suspect of the crime s/he has committed.
If the circumstances under which each of them has been arrested are different, all of them follow the same patterns with the same complaints.
Some of the detainees have been shot, leading to severe injury, while others have been copiously molested, incapacitating them in violation of Articles 4 and 5 of the African Charter on Human and Peoples’ Rights on the right to life and physical integrity. Forces of law and order must exercise restraint and resort to force and firearms only when such is unavoidable, but used as a last resort, must be proportionate, serve a legitimate aim, minimize damage and injury, and respect and preserve human life and safety.
“The 18 Anglophone detainees spend lengthy nights sleeping on the floor, with little or no rest, shelter, food, water, health care or clothing, in violation of their most fundamental economic, social and cultural rights, violating Article 5 and 24 of the African Charter on Human and Peoples’ Rights on the right to respect of human dignity, physical integrity and the right to a satisfactory environment necessary for their development.
“Transferring persons merely suspected of crimes for over 400km from their habitual place of residence or domicile to another jurisdiction where they will not enjoy legal assistance, family support and will be faced with linguistic barriers,violates their right to fair trial enshrined in Article 7 of the African Charter on Human and Peoples’ Rights.
“Transferring same for at least 7hours 30minutes journey with little or no food,poor shelter, inadequate water, little or no clothing, or non-existent health care amounts to torture, cruel, inhuman and degrading treatment, in violation of their right to life and physical integrity. The government must ensure sufficient, safe and acceptable daily water, including but not limited to, soap and detergent.
“Asking suspects to consume excrements is a form of intimidation, inhuman and degrading treatment, in violation of their right to life and physical integrity.
“Detaining individuals for a lengthy period without speedy trial violates their right to fair trial9 and could amount to torture.
C. Recommendations
Kondengui, Buea and Mamfe Prison Administrations
CHRDA demands prison authorities to:
- Cease their torturous acts over the 18 Anglophone detainees and treat
them with humanity and dignity.
- Cease their inhuman acts and provide the detainees food, water, health
care, and other fundamental amenities.
- Ensure that the detainees are prevented from abuses by other inmates and prison guards.
 Police, Gendarmerie, Army
CHRDA demands the police, gendarmerie and army to:
- Desist from torturing or treating prisoners with disregard to international norms while conforming to the standards set forth in the Convention Against Torture, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights.
- Desist from transferring prisoners far away from their geographical locations and jurisdictions where they could properly be tried, and where they could easily enjoy legal services, family support, reduce cost of transportation and avoid linguistic barriers in conformity with international and regional standards including the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa; the Guidelines on the Conditions of Arrest, Police Custody, and Pre-trial Detention in Africa; and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
- Desist from resorting to force and firearms where detainees do not present any risk of any nature to officers effecting the arrest in conformity with the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
Tribunals
CHRDA demands the Tribunals to:
- Order the speedy trial of the 18 detainees where all their rights recognized under national legislation and international treaties is observed.
Government
CHRDA demands the government to:
- Create an independent commission of inquiry to investigate the allegations in this report.
- Sanction any public servant in conformity with the law, who has taken part in any torturous act.
- Render public and without delay, the findings and recommendations of the independent commission of inquiry.
- Prosecute the public servants who have violated the rights of the 18 detainees and compensate them accordingly.
- Order the release on bail, mitigation of sentences, acquittal, or grant pardon to detainees who have been victims of human rights violations.
International community and stakeholders
CHRDA urges the international community and stakeholders to:
- Demand the government to respect its international obligations outlined
under respective treaties.
- Put pressure on the government to order speedy trials of detainees.
- Put pressure on the government to order the respect of the humanity and dignity of the detainees.

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