Sensitization Campaign on the New Criminal Procedure Code Should be Continuous and Must Target All Stakeholders
CCDHR commends government actions in sensitizing law enforcement officials on the new Criminal Procedure Code which will come into force on January 1, 2007. Pursuant to the recommendations of the National Assembly, the government, through the Ministry of Justice has embarked on a major sensitization campaign at all divisional levels of the country. This campaign, mostly conducted in the form of workshops seems to be very constructive and informative.

The new Code is a revolutionary development in the Cameroon justice system. It promotes and protects individual liberties in the criminal justice system, and is in the interest of all Cameroonians. It lays down conditions for the investigation of offences; the search and identification of offenders; the method of adducing evidence; the powers of those charged with prosecution; the organization, composition, and jurisdiction of courts in criminal matters; verdict; sentencing; the setting aside of judgements in default and appeals; the rights of the parties; and the methods of executing sentences.

CCDHR is concerned that despite genuine efforts to reach as many law enforcement officials within the time left for this law to come into force, the sensitization campaign may not satisfactorily attain its intended goals. Contrary to the recommendation of the National Assembly which required that sensitisation be carried out in all divisions in Cameroon, some divisions seem to be already left out of the sensitization effort. A case at hand is Ndian division of the South West Province. CCDHR is concerned that the lack of proper sensitization and hence ignorance of the new procedure by some law enforcement personnel may be used as an excuse to human rights violations.

Also, while participants at the workshops at the divisional level are supposed to comprise officials from the various sub-divisions, CCDHR is very concerned about the actual number of officials benefiting from such workshops. CCDHR is therefore calling on the Justice department to put in place mechanisms necessary for trainees at the divisional workshops to train other law enforcement officials and stakeholders at the sub-divisional and district levels.

CCDHR is equally concerned that the workshops on this new law has been limited to very few provisions of the Code, usually highlighting common human rights violations and situations of abuse of power by law enforcement officials in the criminal justice process. In reality however, the new Criminal Procedure Code is a very lengthy document which as aforementioned, lays down rules and regulations governing all aspects of the administrations of criminal justice. It lays down conditions for arrest, detention, investigations; the powers and functions of various law enforcement departments; the rights of suspects, detainees, and defendants; procedures for searches and seizures; trial, expert opinion, extradition, sentencing, juvenile justice; etc. Some of these subjects are not considered during the sensitization workshops.

The problem with this situation is that most of the persons expected to implement the content of this law may never read through the 747 sections of the almost 200 pages Law, and hence, may never acquire a full knowledge of the laws which they are expected to be custodians. CCDHR is requesting the government to commit to a continuous educational campaign, whereby law enforcement officials can be progressively trained on all the provisions of this new Law. CCDHR considers such a commitment essential to the continued guarantee of human rights and civil liberties in the administration of criminal justice in Cameroon.

CCDHR is calling on the Justice Department to consider measures aimed at sensitizing the general public and persons already in prison on the new Code as well. While the sensitization efforts have so far been focused on law enforcement officials (police, gendarmes, prosecutors, lawyers, etc), CCDHR considers the stakeholders to be broad enough to include members of the general public and convicted persons. Prisoners, just like other citizens have rights which must be respected and upheld. Many of the prisoners in the Cameroon penitentiary have been convicted of crimes despite improper police procedures and other actions that did not adequately guarantee their rights as suspects, detainees, or defendants.

CCDHR is calling on the authorities to embark on wide media campaigns aimed at sensitizing the public about the new Criminal Procedure Code, as well as organize workshops within the penitentiary system to inform prisoners about what rights, if any, they can invoke as convicted persons, under the new Code.