New Criminal Procedure Code Comes into Force, Custodians still Ignorant
CCDHR welcomes the coming into force of the New Cameroon Criminal Procedure Code today January 1, 2007. The new Code is a revolutionary document, and without doubt, one of the most important pieces of legislation passed by Parliament within the last decade. It overhauls the criminal justice system by harmonizing in one law, many different legislations governing the administration of criminal justice within the national territory of Cameroon. It also lays down clear procedures while protecting the rights of suspects and detainees.

The new Code lays down conditions governing the investigation of offences; the search and identification of offenders; the method of adducing evidence; the powers of prosecutors; the organization, composition, and jurisdiction of courts; verdict; sentencing; the setting aside of judgements in default and appeals; the administration of juvenile justice; the rights of the parties; and the methods of executing sentences.

CCDHR is however concerned that those charged with the enforcement of this new Code still remain in large part ignorant of this new Law, despite genuine sensitization campaign effort by the Ministry of Justice to acquaint law enforcement officials on the content of this new Code. This campaign, which was mostly conducted in the form of divisional workshops, seemed to have been very constructive and informative. Nonetheless, the workshops were limited in scope and participants.

Besides, the sensitisation workshops on the new Code were limited to very few provisions of the Law - usually, just highlighting common human rights violations and situations of abuse of power by law enforcement officials in the criminal justice process. In reality, the new Criminal Procedure Code is a very lengthy document which as aforementioned, lays down rules and procedures governing all aspects of the administrations of criminal justice in the country. Most of the subjects covered by the Code were therefore 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 concerned that the lack of proper sensitization and consequent ignorance of the new Law by some law enforcement personnel may be used as an excuse to human rights violations. CCDHR is therefore calling on 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 also 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 therefore calling on the authorities to embark on wide media campaigns aimed at sensitizing the public about the new Criminal Procedure Code. CCDHR is equally requesting defense lawyers to scrutinize the new Code so as to petition for whatever rights, if any, their clients within the penitentiary can invoke as convicted persons, under the new Law.