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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