BONA SAWA

BONA SAWA

CAMEROON: THE COUNTRY REPORT ON HUMAN RIGHTS PRACTICES.2001

Cameroon


Country Reports on Human Rights Practices  - 2001
Released by the Bureau of Democracy, Human Rights, and Labor
March 4, 2002

Cameroon is a republic dominated by a strong presidency. Since independence a single party, now called the Cameroon People's Democratic Movement (CPDM), has remained in power. In 1997 CPDM leader Paul Biya won reelection as President in an election boycotted by the three main opposition parties, marred by a wide range of procedural flaws, and generally considered by observers not to be free and fair. The 1997 legislative elections, which were dominated by the CPDM, were flawed by numerous irregularities and generally considered not free nor fair by international and local observers. The President retains the power to control legislation or to rule by decree. In the National Assembly, government bills take precedence over other bills, and no bills other than government bills have been enacted since 1991, although the Assembly sometimes has not enacted legislation proposed by the Government. The President has used his control of the legislature to change the Constitution. The 1996 Constitution lengthened the President's term of office to 7 years, while continuing to allow Biya to run for a fourth consecutive term in 1997 and making him eligible to run for one more 7-year term in 2004. In 2000 the Government began discussion on an action plan to create the decentralized institutions envisioned in the 1996 Constitution, such as a partially elected senate, elected regional councils, and a more independent judiciary; however, none of the plans had been executed by year's end. Early in the year, President Biya proposed and the National Assembly passed a bill to create a National Election Observatory. General elections have been postponed twice and were scheduled to occur no later than January 2002. The Government remained highly centralized and is dominated by the presidency. The judiciary is subject to political influence and suffers from corruption and inefficiency.

Internal security responsibilities are shared by the national police (DGSN), the National Intelligence Service (DGRE), the Gendarmerie, the Ministry of Territorial Administration, military intelligence, the army, and to a lesser extent, the Presidential Guard. The police and the Gendarmerie have dominant roles in enforcing internal security laws. The Douala Operational Command, a military anticrime unit established in February 2000, temporarily ceased operations during the year in response to increasing reports of human rights abuses committed by the Command. The security forces, including the military forces, remain under the effective control of the President, the civilian Minister of Defense, and the civilian head of police. The security forces continued to commit numerous serious human rights abuses.

The country's population of approximately 15 million had a recorded mean per capita gross national product (GNP) of approximately $607 (455,250 CFA francs). The majority of the population is rural, and agriculture accounts for 25 percent of GNP. Principal exports include timber, coffee, cocoa, cotton, bananas, and rubber. Economic growth has continued over the past 5 years, despite decreases in world prices for the country's major primary product exports. Over the past 4 years, GNP growth has averaged 4 to 5 percent annually; however, economic recovery continued to be inhibited by a large inefficient parastatal sector, excessive public sector employment, and the Government's inability to deregulate the economy to attract more investment. Widespread corruption in government and business also impedes growth. Members of the Beti and Bulu ethnic groups dominate the civil service and the management of state-owned businesses. The Government also continued to receive substantial assistance from international financial institutions.

The Government's human rights record remained generally poor, and it continued to commit numerous serious abuses. Citizens' ability to change their government remained limited. Security forces committed numerous extrajudicial killings and were responsible for disappearances, some of which may have been motivated politically. They also tortured, beat, and otherwise abused detainees and prisoners, generally with impunity. However, the Government prosecuted a few offenders, including some who were convicted and sentenced to prison terms and others who remain in prison awaiting trial. Conditions remained harsh and life threatening in almost all prisons, although the Government granted international humanitarian organizations access to prisoners. Security forces continued to arrest and detain arbitrarily various opposition politicians, local human rights monitors, and other citizens, often holding them for prolonged periods, often without charges or a chance for trial and, at times, incommunicado. The judiciary remained corrupt, inefficient, and subject to political influence. At times military tribunals exercised criminal jurisdiction over civilians, which denied some civilians fair trials. Security forces conducted illegal searches and harassed citizens. The Government infringed on citizens' privacy, and monitored and harassed some opposition activists. The Government continued to impose limits on freedom of speech and press freedom. Although private newspapers enjoyed considerable latitude to publish their views, journalists continued to be subject to official, and, on occasion, serious harassment. There were reports that the Government seized newspaper editions; the Government continued to obtain convictions against journalists under the antilibel laws. In 2000 the Government implemented a 1990 law designed to end its virtual monopoly of domestic broadcast media. Five radio stations subsequently applied for licenses to operate and continued to broadcast pending final authorization. During the year, two additional stations applied for licenses. After waiting for 6 months for a government response, one station assumed tacit approval and began to broadcast. The Government attempted to shut this station down. The Government restricted freedom of assembly and association. At times the Government used its security forces to inhibit political parties from holding public meetings; security forces also used excessive force to disperse demonstrations. The Government generally respected freedom of religion; however, there were some exceptions. Government security forces limited freedom of movement. Violence and discrimination against women remained serious problems, and female genital mutilation (FGM) was not practiced widely. The abuse of children occurred. Discrimination against indigenous Pygmies continued. Societal discrimination based on religion persisted in some areas; societal discrimination against ethnic minorities continued. The Government continued to infringe on worker rights and restricted the activities of independent labor organizations. Child labor remained a serious problem. Slavery reportedly persisted in northern parts of the country. Forced labor, including forced child labor, was a problem. There were reports of trafficking in persons, primarily children, for purposes of forced labor. Mob violence continued to result in some deaths.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were no confirmed reports of politically motivated killings; however, the security forces continued to use excessive, lethal force against private citizens and committed numerous extrajudicial killings.

On January 24, the Douala Operational Command arrested nine youths, later known as the Bepanda 9, who were suspected of stealing a gas canister in the Bepanda District of Douala (see Section 1.b.). The young men have not been seen since immediately following their arrests, and all sources believe that they were executed by members of the Command.

In addition to the Bepanda 9, there were reports that the Douala Operational Command committed numerous summary executions. Conservative estimates place the number killed in the hundreds, but Cardinal Tumi, the Archbishop of Douala, believes the number may range as high as 1,000. There were reports that some persons were tortured before they were killed (see Section 1.c.). By year's end, the Operational Command resumed operations after it temporarily was disbanded in the spring. There were reports that before the Command was forced to be inactive temporarily, Command leaders ordered the execution of the 81 detainees who remained in the special Command prison facility named "Kosovo." The Operational Command operates above the authority of other security forces in the city and also killed some suspects in shootouts and high-speed car chases. It also reportedly used a network of informants, including a large number of convicted criminals and prison officials, to obtain the names of suspected bandits who the Command then arrested and summarily executed. The Operational Command also used neighborhood sweeps to search for criminals, occasionally executing suspects for minor offenses such as smoking marijuana. Press and other reports allege that the Operational Command has several mass graves, including one in the "Forest of Monkeys" (Bois des Singes) and another off the "Old Road" between Douala and Edea, where bodies were abandoned in pits or buried.

In November 2000, the Government announced plans to investigate alleged killings by the Douala Operational Command. In 2000 the National Human Rights Commission, under the Prime Minister, sent teams to Douala to investigate. Although two reports were produced for the President and the Prime Minister, there were no plans to release the reports publicly.

Security authorities in the remote North and Far North Provinces also were accused of extrajudicial killings; however, there were fewer reported incidents during the year. Credible reports by the press and the Maroua-based Movement for the Defense of Human Rights and Liberties (MDHRL), a nongovernmental organization (NGO), describe a large but undetermined number of extrajudicial killings perpetrated by a special antigang gendarmerie unit, known as "Operation Octagon," tasked with combating highwaymen. This unit was created under the direct authority of the Minister of Defense and operates outside the normal chain of command for law-and-order units. While some armed suspects were killed in firefights with security forces, there were credible reports that others caught in dragnet operations were executed summarily. Families of the deceased and human rights NGO's have accused the head of this unit, Colonel Pom, of extrajudicial killings of civilians. The MDHRL estimates that up to 1,000 persons have been killed since the beginning of 1998. There is little information available to either support or refute this number, but even some local authorities have admitted that the number of victims in rural areas probably exceeds the number killed in Douala. The Government's National Commission on Human Rights and Freedoms (NCHRF) corroborated this information in 2000, although it was unable to determine the exact number of persons killed, since many of the victims' families were too frightened to speak with human rights groups.

At least one private newspaper, the Yaounde-based tri-weekly Mutations, also reported in 1998 that security forces summarily executed hundreds of alleged highway robbers in northern areas of the country during recent years. During the year, the security situation in the northern provinces appeared to have improved, but there were still occasional accusations of summary executions following acts of banditry. Local human rights groups noted that local authorities, even the special antigang units, paid more attention to due process than in previous years; they believe that the paramilitary forces have received strict instructions to restrain their activities in an attempt to avoid another scandal that would embarrass the Government. However, government authorities in the region believe that the antigang units largely have completed their mission and that the remaining bandits are living in fear, thus eliminating the necessity for excessive use of force. They point to the significant drop in crime in the region. At year's end, the Government was not investigating any of the accusations of extrajudicial killings in recent years.

An elite crime-fighting unit, the Light Intervention Battalion (BLI), was established in 1999, but only recently became operational. The BLI, which received extensive training from Israeli military consultants, reports directly to the Presidency. BLI members have been accused of conducting summary justice against suspected criminals. Preliminary reports indicated that this group has benefited from improved training and intelligence gathering methods; however, no further information was available at year's end.

On January 6, a 23-year-old man named Apah died in Njikwa, Momo Division, Northwest Province, as the result of torture; Apah had been arrested and detained at the gendarmerie brigade after Joseph Mbe complained that Apah had impregnated his daughter. Gendarmes tortured Apah for days to force him to accept responsibility for the pregnancy. On January 7, an angry mob rushed to the brigade, and the gendarmes deserted the building; the mob subsequently attacked the facility. After the incident, one gendarme implicated in Apah's killing was transferred out of the division. A suit was filed against him, which remained pending in the Bafoussam Military Tribunal at year's end.

On February 27, the BLI based in Maroua reportedly arrested and executed Hamadou Kadri alias Hamadou Touche, a suspected bandit. No further details were available on the case by year's end.

On April 15, Angang, a gendarme at the students residential quarters of Bonamoussadi, in Yaounde, shot and killed Eloi Sanda Abba, a student of the National Youth and Sports Institute. . Sanda and a companion had been pushing Sanda's vehicle, which had become stuck in the mud. The noise had awakened the gendarme, Angang, who emerged from his house with a rifle. An argument ensued, and the gendarme shot Sanda. The gendarme subsequently was arrested; at year's end, he was in detention in the Yaounde gendarmerie quarters pending trial.

In June police shot and killed Aliou Oumarou, a suspect in the May 28 murder of a French expatriate in a Yaounde pharmacy. Local media reported that he was killed while resisting arrest; however, no further information was available at year's end.

Police forcibly dispersed several demonstrations during the year; on at least one occasion, police shot and killed demonstrators (see Section 2.b.). On October 1 in Kumbo, a gendarme shot into a crowd of approximately 400 unarmed demonstrators, killing 3 and injuring 16 persons, after a SCNC anniversary celebration became violent (see Section 2.b.). No action was taken against the responsible gendarme by year's end.

Numerous prisoners died in custody due to abuse inflicted by members of the security forces or harsh prison conditions and inadequate medical treatment (see Section 1.c.).

In 1999 the U.N. released a report by the Special Rapporteur on Torture, Nigel Rodley, regarding his visit to the country in May 1999. In this report, Rodley noted that torture and long-term detention are widespread. He also commented on deaths resulting from torture and extrajudicial killings, primarily in the Far North Province (see Sections 1.c. and 4), but he did not provide any specific examples of such deaths.

In October 2000, Operational Command Sergeant Jean Claude Mbita allegedly shot and killed Luc-Benoit Bassilekin, a technician, while attempting to arrest him; Bassilekin's brother was arrested. In November 2000, the Government announced that it had arrested Mbita on charges of intentional homicide. On April 23, the prosecutor of the Douala military tribunal began interrogating Mbita; the case was ongoing at year's end.

In mid-January 2000, Atangana, a gendarme serving at the Douala port, shot and killed Alhadji Bapetel, a customs officer also serving at the port. The shooting followed a quarrel over authority issues. The Government arrested the gendarme, who was charged with "assault occasioning death." On February 20, the prosecutor of the Douala military tribunal asked for the death penalty against Atangana; the case still was ongoing at year's end.

In May 2000, police officers from the Yaounde special operation grouping (GSO) detained, tortured, and killed Edouard Leuwat, a Yaounde taxicab driver. One GSO policeman, with assistance from other officers, had arrested Leuwat without warrant, believing Leuwat to be the driver of a taxicab in which the policeman had left his handgun on the previous day. Leuwat denied the charge, and the policeman tortured Leuwat to extract a confession. The Government arrested eight police officers involved in the case and charged them with "torture having resulted in death." In June 2000, the Government transferred the eight to the Yaounde-based Kondengui Central Prison, where they were awaiting trial at year's end.

There were no developments in the following 2000 cases: The October killing of Paul Petchucke, a taxicab driver, by Paul Essoh, a soldier who remained in detention pending trial at year's end; the May killing of Laurent Abbe by Bahiba, a police officer who remained in detention pending trial at year's end; and the April beating to death of Emmanuel Ebanda by three police officers, who remained in detention pending trial at year's end. There were no reports of any action taken against the members of the security forces responsible for the following killings in 2000: The September death from torture of Mathew Titiahonjo; the June killing of two bandits by security officers; and the May killings of two women in Yaounde.

In 2000 the military court sentenced gendarme captain Engola to 10 years in prison for killing Yves Atiback in January 1999. On July 19, the military court of appeals reduced Engola's sentence from 10 years to 27 months, including time served, and reduced the damages from $400,000 (300 million CFA francs) to $20,000 (15 million CFA francs). The appeals court based its decision on the argument that Captain Engola reacted to provocation; Engola was released after the decision.

There were no developments in the following 1999 cases: The October beating death of Frederic Djomeli by police in the Haut-Nkam division; the September beating death of Theopole Mbasi Ombe by three members of the presidential guard; the March killing of Denis Nzidchen by prison guards; and the February killing of three Fulani shepherds by villagers acting on the orders of the Fon of Bali.

In April and May, two Catholic priests were killed (see Section 2.c.).

While ethnic conflicts caused deaths in previous years (see Sections 1.c. and 5), there were no reports of such deaths during the year.

Mob violence and summary justice directed against suspected thieves and those suspected of practicing witchcraft and other crimes reportedly continued to result in a number of deaths and serious injuries. On March 21, local media reported that a mob beat Joseph Nzelamnyuy for stealing three goats; Nzelamnyuy later died at a local hospital. In late April, an angry mob beat to death Abdulai Fonyuy for stealing some beans in Melim, a small locality of Bui Division, Northwest Province. Fonyuy's companion, Cyprien Sien, was injured severely. An investigation into the case was ongoing at year's end.

b. Disappearance

There were reports of disappearances of persons in the custody of security forces. Some disappearances may be attributed to summary executions by security forces in Douala or the northern regions (see Section 1.a.); in these instances, bodies rarely are found, although the suspects are presumed dead.

On January 24, the Douala Operational Command arrested Marc Etah, Frederic Nguffo, Chatry Kuete, Jean Roger Tchiwan, Eric Chia, Charles Kouatou, Effician Chia, Elysee Kouatou, and Fabrice Kouate, who were suspected of stealing a gas canister in the Bepanda District of Douala. The families of the detainees initially were accorded visiting rights; however, the detainees have not been seen since January 26 and 27. All observers believe that the Command summarily executed the nine youths. The authorities admitted that the nine were arrested, but refused to either admit to their deaths or to produce them alive. The cause of the Bepanda 9, as they came to be known, was taken up quickly by Christians for the Abolition of Torture (ACAT), a Douala based NGO, which helped to bring both domestic and international attention to the case. The victims' families formed another group, the Committee for the Defense of the Nine (C9), and in late February, began to organize weekly protests to demand the whereabouts of the young men. Police dispersed forcibly and sometimes violently the weekly demonstrations (see Section 2.b.).

On March 20, President Biya ordered an investigation into the disappearance of the Bepanda 9. On April 6, he transferred General Mpay, the Commander of the Douala Military District and de facto leader of the Operational Command, to the Bamenda military district; he also replaced Operational Command Gendarmerie Legion Commander Bobo Ousmanou. In late April, demonstrations continued (see Section 2.b.), and Colonel Ousmanou and seven other officers of the Operational Command were arrested. Amadou Ali was replaced as Minister of Defense; however, on April 27, he was reappointed Minister of Justice. On May 22, the Governor of the Littoral Province was fired. There also were reports that a prominent Member of Parliament (M.P.) promised vacations, government positions, and cash to various members of the C9 to persuade them to stop their weekly protests, which ended with the arrest of Ousmanou. In November the military trial of the eight officers was referred to a high court in Yaounde after the case was dismissed from the court of first instance on a technicality. The trial was conducted in secret, and the Government has refused to release the results of its inquiry or to consider a civilian court trial for the officers. Although government officials insist the case will be heard, no trial date was set by year's end.

There were no known developments, nor are any likely to be, in the May 2000 case of Mamfe residents Joseph Enow, Joseph Tafong, Chief Assam, and Mathias Takunchung, who disappeared after security officials searched their homes. The families of the four Mamfe residents have alleged that they were executed, and that 30 other persons disappeared under similar circumstances in 2000.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices; however, there were numerous credible reports that security forces, including the Operational Command, continued to torture, beat, and otherwise abuse prisoners and detainees. There were reports that security forces, including the Operational Command, detained persons at specific sites where they tortured and beat detainees (see Section 1.d.). The Operational Command reportedly tortured some persons before summarily executing them (see Section 1.a.). The U.N. Special Rapporteur on Torture, Nigel Rodley, in his report on the country released in 1999, stated that torture was widespread and used indiscriminately against persons under arrest or detained. Security forces also reportedly subjected women, children, and elderly persons to abuse. Most cases apparently were not reported to the relevant authorities because of ignorance, lack of confidence, or fear of reprisals on the part of the victims and their families. In New Bell and other nonmaximum-security penal detention centers, beatings are common and prisoners reportedly are chained or flogged at times in their cells. However, the authorities often administer beatings not in prison facilities, but in temporary detention areas in a police or gendarme facility. Two forms of physical abuse commonly reported to be inflicted on detainees include the "bastinade," in which the victim is beaten on the soles of the feet, and the "balancoire," in which the victim, with his hands tied behind his back, is hung from a rod and beaten, often on the genitals. Nonviolent political activists often have been subjected to such punitive physical abuse during brief detentions following roundups of participants in antigovernment demonstrations or opposition party political rallies.

Security forces subjected prisoners and detainees to degrading treatment that includes stripping, confinement in severely overcrowded cells, and denial of access to toilets or other sanitation facilities. Police and gendarmes often beat detainees to extract confessions and the names and whereabouts of alleged criminals. In his report, U.N. Special Rapporteur Rodley noted that the Government increasingly was moving toward punishing offenders, but that "some of those incriminated act out of ignorance and others out of pure habit, for they have regularly acted that way for a long time without fear of any consequences." Pretrial detainees sometimes were required, under threat of abuse, to pay so-called "cell fees," essentially a bribe to the prison guards to prevent further abuse.

On April 6, Pierre Minlo Medjo, the General Delegate for National Security of the DGSN, issued a circular letter to all DGSN personnel nationwide to remind them of the provisions governing the conditions of detention of suspects. In his letter, he called on security forces to comply fully with the provisions of the law and those of the international covenants that the country has signed. He instructed the personnel that any act that attempted to take away the dignity of those detained should be proscribed, whatever the reasons for their detention. There was no evidence by year's end that this letter influenced changes in security force behavior.

On the night of January 19 and 20, a group of 10 female soldiers in military uniform and 2 men in civilian clothes kidnaped Hortense Toukam, a Douala-based hairdresser. Toukam was taken to the headquarters of the 21st Armored Reconnaissance Battalion, stripped naked, and severely beaten and tortured for 2 hours. According to press reports, Toukam was suspected of spreading lies about one of the soldiers to friends of the soldier. Toukam filed a complaint; no action had been taken by year's end.

On March 3, gendarmes of the Groupment Polyvalent d'Intervention de la Gendarmerie National (GPIC) special unit attacked Pierre Nyemeck Ntamack, a national transportation trade union delegate in charge of legal affairs and disputes. The incident occurred at "Tropicana," a Yaounde neighborhood where truck drivers in transit park their vehicles. Nyemeck, who had observed several gendarmes trying to extort diesel fuel from one of the drivers, intervened on behalf of the truck driver. One of the gendarmes seized Nyemeck's tie and tried to strangle him while the other gendarmes beat him. It was unknown if Nyamack lodged a complaint or whether any action was taken against the gendarmes by year's end.

On May 17, police arrested on undisclosed charges and tortured Jacques Zoua, a member of a Maroua-based human rights NGO. Zoua reportedly was subjected to the "bastinade" and released the following day. It was unknown whether any action was taken against the police.

On June 2 and June 9, security forces under the authority of Colonel Essame, organized neighborhood sweeps in the Kodogo and Garoua quarters of Kousseri in the Far North Province. The operations followed the killing of a soldier during a dispute with a civilian resident of the sector. According to the local branch of SOS Human Rights and Democracy, a human rights defense group, the family of the suspect and other inhabitants of the neighborhood were arrested and brutalized, including Alhadji Moustapha, Ahmed Djibrine, and Mahamet Ahmed. Many of those arrested were subjected to torture and later were admitted to hospitals for treatment. It was unknown whether any action was taken against the police.

Security forces continued to harass and detain activist Mboua Massock (see Section 2.d.). Security forces harassed and threatened journalists (see Section 1.a.).

Security forces frequently used roadblocks to exact bribes or thwart opposition political activities (see Section 2.d.).

In the vast majority of cases of torture or abuse, the Government rarely investigated or punished any of the security officials involved.

In July 2000, Police Commissioner Theophile Tocko arrested Magloire Evouta, a businessman, at a Yaounde hotel. Evouta, who suffered from a chronic illness, was denied medical treatment and died at the Yaounde judicial police station in August 2000. On August 28, the President subsequently dismissed Tocko from his position; Tocko was arrested and in detention pending trial at year's end.

Eight Yaounde special operation grouping (GSO) officers remained in detention pending trial at year's end for torturing to death Edouard Leuwat in May 2000 (see Section 1.a.).

In May 2000, Dieudonne Dibong, a police officer, shot at a Yaounde cab after the cab ignored his traffic directions, seriously injuring the driver and the occupants of the vehicle. The General Delegate for National Security (DGSN) ordered disciplinary sanctions, and the Government arrested Dibong, whose trial was pending at year's end.

There reportedly was no action taken against the responsible members of the security forces who tortured, beat, raped, or otherwise abused the persons in the following cases from 2000: The November beating of a journalist; the September rape of two girls; the June beating of Amelie, a female soccer player; the June injuring of several persons when a grenade thrown by a gendarme exploded in a bar; the June beating of Beatrice Elouga, the June assault of numerous citizens; the May torturing of Achille Tehoumba Heubo; the May beating of Madeleine Ngo Songane; the May torturing to death of Mathew Titiahonjo; the May beating of several student demonstrators; the April beating and torturing of a foreign volunteer teacher; the April injuring of Cecile Ngono; the April beating of Nicole Ajong; the April beating of parishioners at Notre Dame De Sept Douleurs; the March torturing of Jean Paul Kentsa and two others; the January injuring and beating of several students when a demonstration was dispersed forcibly; and the January torturing of customs inspector Vincent Nkengfue.

There were no developments, nor are any likely in the September 1999 beating of Madi Baddai by Seke Columban, the police commissioner in Guider, North Province.

On June 15, the Government reportedly paid $137,000 (96 million CFA francs) compensation to Albert Mukong, an SDF activist and writer who was arrested and tortured while in prison in 1994 (see Section 2.a.).

Mob violence directed against suspected thieves reportedly continued to result in a number of deaths, some because of beatings or torture (see Section 1.a.).

Prison conditions remained harsh and life threatening. Prisons are seriously overcrowded, unsanitary, and inadequate, especially outside major urban areas. Serious deficiencies in food, health care, and sanitation due to a lack of funds are common in almost all prisons, including in "private prisons" in the north operated by traditional rulers. U.N. Special Rapporteur Rodley described prison conditions in the country as "universally appalling." Rodley also reported that "overcrowding, unhygienic sanitation, lack of health care, and shortage of food, reportedly are the main failings in the Cameroonian prison system. These conditions cannot be blamed only on lack of financial or material resources, but also result from deliberate policies or serious neglect on the part of the relevant officials." Rodley wrote that these conditions are "endangering the health and even the lives of the detainees." Prisoners are kept in dilapidated colonial-era prisons, where the number of detainees is four to five times the original capacity. Authorities confirmed to Rodley that 1 cell measuring 6 square meters housed 16 persons; 1 prisoner stated that the cell sometimes held up to 23 persons. Health and medical care almost are nonexistent, and prisoners' families are expected to provide food for their relatives in prison. Prison officials torture, beat, and otherwise abuse prisoners (see Section 1.c.). Rodley reported that the vast majority of those in detention had been tortured or abused. Rodley specified cases of machete beatings, toenails being ripped out, and police shootings of victims who had received no medical attention. Prisoners routinely die due to harsh prison conditions and inadequate medical treatment. In Douala's New Bell Prison, there were only 7 water taps for a reported 3,500 prisoners; this contributed to poor hygiene, illness, and deaths. In New Bell and other nonmaximum-security penal detention centers, families are permitted to provide food and medicine to inmates; however, beatings are common. Prisoners reportedly are chained or flogged at times in their cells and often are denied adequate medical care. In April 2000, the Minister of Territorial Administration and the Secretary of State for Territorial Administration in charge of penitentiary administration visited Douala and Yaounde prisons. The Yaounde prison was so dirty that the Minister ordered the immediate release of funds for repainting. In Douala the Minister said that the prison would be improved with funding from a foreign government; however, the project had not been implemented fully by year's end.

Credible press reports indicate that Douala's New Bell prison, originally built for 600 inmates, held more than 3,500 during the year, of which 2,000 were pretrial detainees. The prison in the Far North Province capital of Maroua also was overcrowded; more than 900 prisoners occupy a prison with a capacity of 300, and more than 700 are pretrial detainees, awaiting trial at the Provincial Court of Appeals, located in Maroua. A 1997 report on prison conditions indicated that Bertoua Prison, which was built to hold 50 inmates, housed more than 700 persons. The Kondengui Central Prison in Yaounde, constructed in 1967 to hold 1,500 inmates and equipped with only 16 toilets or showers and 400 beds, held approximately 3,600 inmates, including 700 women during the year. Some cells built for fifteen persons hold more than fifty. Prisoners reportedly have one meal per day and receive 4.4 ounces of soap every 6 months. In 1999 the government official in charge of prisons said that the Central Prison of Bafoussam, built for 320 inmates, held 3,140 persons. Press reports indicate that the Bamenda Central Prison, built for 300 inmates, holds 900 persons, approximately 750 of whom are pretrial detainees. Overcrowding is exacerbated by the large number of long pretrial detentions and the practice of "Friday arrests" (see Section 1.d.). According to credible press reports, more than 1,400 of the inmates of the Douala prison were pretrial detainees, whereas only 900 were convicted prisoners.

Prisoners sometimes can buy special treatment up to and including their freedom; credible reports from Bafussam Central prison indicate that freedom between 6 a.m. and 6 p.m. was available daily to any prisoner who could afford the superintendent's weekly fee of $20 (15,000 CFA francs). Prisoners in Bafussam reportedly used their free time to steal the next week's fees.

Juveniles and nonviolent prisoners often are incarcerated with adults, although not usually in the same cells. There are credible reports of sexual abuse of juvenile prisoners by adult inmates. Corruption among prison personnel is widespread. Persons awaiting trial routinely are held in cells with hardened criminals. There are few detention centers for women; women routinely are held in prison complexes with men, occasionally in the same cells. Mothers often are incarcerated with their children or babies. The U.N. Special Rapporteur on Torture reported that he saw at least one 14-year-old child being kept with adult offenders, one woman being held in the same cell as male prisoners, and one woman incarcerated with her 9-month-old child. Some high-profile prisoners are able to avoid some of the abuse that security forces routinely inflict on many common criminals. They are kept in elite wings of certain prisons, where they enjoy relatively lenient treatment.

The NCHRF admitted in a February media interview that "some people are just forgotten in prison." In a March 12 press release, the Cameroon Organization for Citizens' Rights and Freedoms disclosed the results of an investigation that it conducted in the Yaounde Central Prison. According to those results, several persons who had completed their prison term or had been released by a court ruling still were in detention, including prisoners whose files have been lost and are not given a court date for this reason. One detainee had been in jail for 6 years without trial. The organization worked with the prosecutor's office to secure the release of approximately 100 of the most egregious cases. On January 29, the prisoners of the Yaounde Kondengui prison addressed a letter to the Minister of Justice and various newspapers in which they complained about their conditions. The letter indicated that of the 3,600 persons held in the prison, approximately 3,000 still were awaiting trial. The prisoners threatened to go on hunger strikes or riot.

With the assistance of the French Cooperation Agency and European Union during the year, the Government was organizing two programs for the renovation and humanization of prisons. Feasibility studies also were in progress for the construction of new prisons in Yaounde, Douala, and other cities.

Numerous NGO's, diplomatic missions, and the NCHRF all have criticized publicly the conditions of the group of Anglophone detainees arrested in 1997. One reliable report described 28 detainees sharing a cell measuring 14 square meters (approximately 140 square feet). At least eight of the original detainees reportedly have died from abuse or lack of medical care: Emmanuel Konseh, Samuel Tita, Mathias Gwei, Neba Ambe, Mado Nde, Richard Fomusoh Ngwa, Patrick Jimbou, and Lawrence Fai.

In the north, the Government permits traditional Lamibe (chiefs) to detain persons outside the government penitentiary system, in effect in "private prisons." The places of detention in the palaces of the traditional chiefs of Rey Bouba, Gashiga, Bibemi, and Tcheboa have the reputation of seriously mistreating their inmates. Members of the National Union for Democracy and Progress (UNDP) party, which was an opposition party until late 1997, have alleged that other UNDP members have been detained in these private jails and that some have died from mistreatment.

Both the Cameroonian Red Cross and the NCHRF visited prisons only infrequently during the year. However, the International Committee of the Red Cross (ICRC) began to visit prisons in 1999, pursuant to a 1998 agreement with the Government under which the ICRC was to have free access to all detention centers and prisons, have private discussions with the inmates, and make repeated or unscheduled visits (see Section 4). Although the ICRC does not release its findings publicly, the Government generally complied with its agreement with the ICRC. However, despite government assurances to the contrary, officials denied U.N. Special Rapporteur for Human Rights Rodley access in 1999 to holding cells operated by the Government's special antigang unit (see Sections 1.a. and 1.b.).

d. Arbitrary Arrest, Detention, or Exile

The law prohibits arbitrary arrest and detention and requires an arrest warrant, except when the criminal is caught in the act; however, security forces continued to arrest and detain citizens arbitrarily. The law also stipulates that detainees must be brought promptly before a magistrate; however, arbitrary, prolonged detention remained a serious problem, since security forces often failed to bring detainees promptly before a magistrate and sometimes held them incommunicado for months or even years. For example, Onana Ndengue spent 14 years in prison before he was acquitted during the year; Souley Bobo, who was arrested in 1992 on murder charges, never has been heard by the prosecutor; and Michel Sighanou, a juvenile who was transferred from the Yabassi prison in 1996, has been awaiting trial for more than 5 years. Some persons are detained for several months simply because they are unable to present identification to authorities when asked.

Police legally may detain a person in custody in connection with a common crime for up to 24 hours, renewable three times, before bringing charges. The law provides for the right to a judicial review of the legality of detention only in the two Anglophone provinces. Elsewhere, the French legal tradition applies, precluding judicial authorities from acting on a case until the administrative authority that ordered the detention turns the case over to the prosecutor. After a magistrate has issued a warrant to bring the case to trial, he may hold the detainee in administrative or "pretrial detention" indefinitely, pending court action. Such detention often is prolonged, due to the understaffed and mismanaged court system. According to U.N. Special Rapporteur Rodley, 80 percent of the prison population consists of untried prisoners (see Section 1.c.). Rodley wrote that the length of pretrial detention, often stretching as long as 7 years, makes it "inhuman in itself." In addition Rodley claimed that "pretrial detention is used not to attain its primary goal of upholding order and security and facilitating investigation, but rather, in the perception both of the public and of the forces of law and order, as a sanction." Furthermore, the law permits detention without charge by administrative authorities for renewable periods of 15 days, ostensibly in order to combat banditry and maintain public order. Persons taken into detention frequently are denied access to both legal counsel and family members. The law permits release on bail only in the Anglophone provinces, where the legal system includes features of British common law; however, bail is granted infrequently in those provinces.

There were reports that security forces, including the Operational Command, detained persons at specific sites where they tortured and beat detainees (see Sections 1.a. and 1.c.). Government officials and security forces continued to use arbitrary arrest to harass and intimidate members of opposition parties and other critics of the Government.

On January 13, at the Warda junction in Yaounde, security forces dispersed an opposition demonstration, and arrested and detained briefly several opposition deputies and approximately 20 demonstrators (see Section 2.b.).

On April 1, the Douala police detained for 8 hours Anicet Ekane, Chairman of the MANIDEM opposition party, at the party's headquarters for 8 hours. Ekane and party members were holding a meeting to prepare for a demonstration in support of the Bepanda 9 (see Section 2.b.).

On April 15, the Douala police arrested Vicotrin Hameni Bieleu, Chairman of the Union of Cameroon Democratic Forces Party (UFDC), Anicet Ekane, the leader of the MANIDEM Party, and 15 SDF party members during a 500-person demonstration in support of the Bepanda 9 (see Sections 1.b. and 2.b.). The detainees were accused of participating in an illegal march; on April 17, they were released for lack of evidence. Police detained SDF leader John Fru Ndi on several occasions to prevent him from reaching the city to join in the marches.

On April 26, the Douala police arrested and detained for several days on unspecified charges five persons who were attending a meeting in a private residence in support of the Bepanda 9 (see Sections 1.b. and 2.b.).

On May 17, police arrested and tortured Jacques Zoua, a member of a Maroua-based human rights NGO, on undisclosed charges; he was reportedly subjected to the "bastinade" torture and released the following day (see Section 1.c.).

In June during neighborhood sweeps in the Kodogo and Garoua quarters of Kousseri, police arrested and abused the family members and neighbors of a suspect in the killing of a soldier (see Section 1.c.).

On June 5, Douala airport police arrested Dominique Djeukam Tchameni, an opposition political leader and activist, on his return from Belgium, where he had filed a suit against President Paul Biya and some government and security officials for human rights violations in the Bepanda 9 case (see Section 1.b.). Police interrogated Djeukam Tchameni for 2 hours, released him, and confiscated his passport. On December 28, police in Douala airport again arrested and confiscated the passport of Djeukam Tchameni when he returned from another trip to Belgium to file a lawsuit against President Biya. Gendarmes met Tchameni's flight, detained him for 4 hours, and confiscated his passport and CNI documents.

On July 1, police arrested and detained overnight at the Douala Central police precinct approximately 60 persons who were leaving the Douala Cathedral after the evening Mass. The Police Commissioner claimed the sweep was undertaken to deter bandits from operating in the area.

After the Southern Cameroons National Council (SCNC) announced in September that it planned to hold October demonstrations in Kumba and Bamenda, the Government reportedly began arresting SCNC activists. On September 19, authorities in Bamenda arrested Francis Tatah, an artist, for printing T-shirts inscribed "Federal Republic of Southern Cameroons" and the logo of the SCNC. Tatah was released after he reportedly was questioned about SCNC leaders and affairs. The T-shirts were printed in preparation for SCNC demonstrations scheduled several weeks later. On September 28 in Kumba, police detained for 2 days Yvonne Sona and questioned her about the activities of her husband who is the southwest chairman of the SCNC.

On October 1 in Kumbu, gendarmes forcibly dispersed a demonstration organized by the SCNC and arrested approximately 50 demonstrators (see Section 2.b.). On October 1 in Bamenda, security forces violently dispersed another SCNC demonstration and arrested and detained 19 demonstrators (see Section 2.b.). These detainees were held without charges for 47 days and remained in detention despite being granted bail on October 24. Charges were first filed against the detainees on October 26. On October 29, the court ordered them to be released; however, they remained in detention. They were detained on charges that carry a maximum sentence of 10 days in jail or a $34 (25,000 CFA francs) fine. In November three men from Jakiri were arrested after they returned from the burials of two men who were killed in the October 1 demonstrations (see Section 1.a.); they remained in detention in Bafoussam at year's end.

Security forces harassed and occasionally detained journalists and members of human rights NGO's (see Sections 2.a. and 2.b.).

Security forces continued to harass and detain activist Mboua Massock (see Section 2.d.).

On March 14, the Yaounde Military Court released six SCNC activists who had been arrested during a January 2000 demonstration: Justice Frederick Ebong, Chief Ayamba, James Sam Sabum, Emmanuel Njouji, Vincent Mba, and Pascal Daga.

In January 2000, four gendarmes reportedly arrested and tortured customs inspector Vincent Nkengfua, who they suspected of kidnaping a child, and all the workers at Nkengfua's plantation in Mbanga, including a child (see Section 1.c.). In September 2000, Nkengfua filed a lawsuit against the gendarmes with the Mbanga High Court for abuse of power, arbitrary arrest and seizure of property, false evidence, calumny, and torture. There was no further information available at year's end.

There were no developments in the following arrests in 2000: the June arrest of Beatrice Elouga; the April arrests of several parishioners at Notre Dame de Sept Douleurs (see Section 1.c.); and the March arrests of Catherine Yami and Roger Tankeu, respectively the SDF president for the Bassamba electoral district, and the SDF West provincial coordinator. The several opposition SDF parliamentarians who were arrested and detained after participating in a demonstration in November 2000 were released shortly after their arrests.

Many of the public officials arrested in 1999 in the Government's high-profile but short-lived corruption crack-down still were awaiting trial at year's end. In September and October 1999, the Government arrested these officials, including former Minister of Posts and Telecommunications Monchipou Seidou, Ministry Budget Director Guillaume Yetna Hiobi, and Ministry Director of Production Philip Tarkang, on charges of corruption or embezzlement. These former officials still were in detention without trial by year's end.

On January 19, the Yaounde High Court ruled for the release of Jerome Djiboula, Michel Tingam, and Emmanuel Arimade, who had been arrested 7 years earlier for theft. The trial revealed that the gendarmes had arrested the wrong persons, following a misidentification of the perpetrators.

On June 15, the Government reportedly paid $137,000 (96 million CFA francs) compensation to Albert Mukong, an SDF activist and writer who was arrested and tortured while in prison in 1994 (see Section 2.a.).

Police and gendarmes often arrest persons on spurious charges on Fridays at mid-day or in the afternoon (see Section 1.c.). While the law provides for a judicial review of an arrest within 24 hours, the courts do not convene sessions on the weekend, so the detainee remains in detention at least until Monday. Police and gendarmes commonly accept bribes to make such "Friday arrests" from persons who have private grievances against the person arrested. There are no known cases of any policemen or gendarmes being sanctioned or punished for this practice.

Government intimidation extends beyond the police stations and holding cells. In efforts to combat highwaymen ("coupeurs de route"), Colonel Pom and his special antigang gendarmerie unit use informants to identify and accuse persons of taking part in highway robbery(see Section 1.a.). Standards of proof for such accusations are nonexistent. Accusations occasionally have been used to pursue private grievances, and informants repeatedly have extorted money from innocent persons by threatening to accuse them of being bandits. The Douala Operational Command reportedly used informants in a similar fashion. These informants often were former criminals or prison guards, and were used to target criminals who then were summarily executed (see Section 1.a.).

Four Anglophones, Abel Achah Apong, Crispus Kennebie, John Kudi, and Zacque Njenta, have been detained in the Yaounde Central Prison since 1995, and a fifth, Etchu Wilson Arrey, since 1997. Each was incarcerated after signing or displaying a petition for a referendum on independence for the Anglophone provinces. At year's end, none of these detainees had been brought before a judge or charged with a crime.

The Government does not use forced exile; however, some human rights monitors or political opponents who considered themselves threatened by the Government have left the country voluntarily and declared themselves to be in political exile.

On April 11, the traditional rulers of Ekondo-Titi, Southwest Province, acting under the authority of the Balondo Development Association (BACUDA), ordered the expulsion of Iyassa Anou, Joseph Regeant, Johnson Mambo Naseri, Mathew Ajong Awor, Christian Buma, Francisca Nyando, and James Okenye, for allegedly bewitching to death a resident of the town of Lobe; however, the order to expel the seven was not implemented by year's end. BACUDA was investigating the charges of alleged witchcraft at year's end.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary; however, the judiciary remained highly subject to political influence and corruption. The court system remained technically part of the executive branch, subordinate to the Ministry of Justice. The Constitution specifies that the President is the guarantor of the legal system's independence. He also appoints judges with the advice of the Supreme Council of the Magistrature. However, the judiciary showed some modest signs of growing independence. Since 1997 the courts repeatedly have used powers given them under the 1996 press law to order the Ministry of Territorial Administration to desist from seizing print runs of newspapers critical of the Government (see Section 2.a.). Some politically sensitive cases never are heard by the courts.

The court system includes the Supreme Court, a Court of Appeals in each of the 10 provinces, and courts of first instance in each of the country's 58 divisions.

Military tribunals may exercise jurisdiction over civilians not only when the President declares martial law, but also in cases involving civil unrest or organized armed violence. Military tribunals also have jurisdiction over gang crimes, grand banditry, and highway robbery. The Government apparently interprets these guidelines quite broadly and sometimes uses military courts to try matters concerning dissident groups and political opponents.

The legal system includes both national law and customary law, and many cases can be tried using either. Customary law is based upon the traditions of the ethnic group predominant in the region and is adjudicated by traditional authorities of that group. Accordingly, particular points of customary law differ depending upon the region and the ethnic group where a case is being tried. In some areas, traditional courts reportedly have tried persons accused of some offenses, such as practicing witchcraft, by subjecting them to an ordeal, such as drinking poison (see Section 2.c.); however, there were no known incidents during the year. Customary courts may exercise jurisdiction only with the consent of both parties to a case; either party has the right to have any case heard by a national rather than a customary court, and customary law is supposed to be valid only when it is not "repugnant to natural justice, equity, and good conscience." However, many citizens in rural areas remain unaware of their rights under civil law and have been taught since birth that customary laws form the rules by which they must abide. Consequently, traditional courts remain important in rural areas and serve as an alternative for settling disputes. Their authority varies by region and ethnic group, but they often are the arbiters of property and domestic disputes and may serve a probate function as well. Most traditional courts permit appeal of their decisions to traditional authorities of higher rank.

Corruption and inefficiency in the courts remained serious problems. Justice frequently was delayed or denied before reaching the trial stage (see Section 1.d.). Political bias often brought trials to a halt or resulted in an extremely long process, punctuated by extended court recesses. Powerful political or business interests appeared to enjoy virtual immunity from prosecution; some politically sensitive cases were settled with a payoff and thus never were heard. Private journalists, political opponents, and critics of the Government often were charged or held and sometimes jailed under libel statutes considered by observers as unduly restrictive of press freedom (see Section 2.a.). Prisoners may be detained indefinitely during pretrial proceedings.

The legal structure is influenced strongly by the French legal system, although in the Anglophone provinces certain aspects of the Anglo-Saxon tradition apply. The Constitution provides for a fair public hearing in which the defendant is presumed innocent. Because appointed attorneys received little compensation, the quality of legal representation for indigent persons often was poor. The Bar Association and some voluntary organizations, such as the Cameroonian Association of Female Jurists, offer free assistance in some cases. Trials normally were public, except in cases with political overtones judged disruptive of social peace.

The Government holds a number of political prisoners; however, as in previous years, there were no reliable estimates of the number of political prisoners held at the end of the year.

In April 1999, the Government began the trial of the 65 surviving Anglophones who had been detained, some for more than 2 years, on suspicion of participating in armed attacks against government installations in the Northwest Province in 1997. This judicial process did not follow either international or national legal norms. In October 1999, the military tribunal convicted 37 of the accused, sentencing 3 to life imprisonment and 34 to terms ranging from 1 to 20 years in prison. The tribunal acquitted 28 defendants, some of whom had been detained for 30 months, during which at least 8 of the persons originally arrested in this case died in custody, some of them as a result of torture inflicted on many of these detainees (see Section 1.c.). At the beginning of the year, 19 of the convicted Anglophones remained in prison in Yaounde; the other 18 were released following the completion of their sentences. In 2000 the Government released four Anglophones, Abel Achah Apong, Crispus Kennebie, John Kudi, and Zacque Njenta, who had been in the Yaounde Central Prison since 1995, and a fifth, Etchu Wilson Arrey, since 1997. Each was incarcerated after signing or displaying a petition for a referendum on independence for the Anglophone provinces. The tribunal declared itself incompetent to rule on two accused illegal Ghanaian immigrants, who reportedly remained incarcerated. International human rights NGO's, including Amnesty International, criticized the trial as unfair and protested the sentences.

Titus Edzoa, former Minister of Health and long-time presidential aide, who had declared himself a candidate to oppose incumbent President Biya in the 1997 election, remains incarcerated, together with Michel Atangana, his campaign manager. They were sentenced in 1997 to 15 years' imprisonment on embezzlement and corruption charges, for which Edzoa was arrested shortly after declaring his presidential candidacy (see Section 3). In 1999 the Yaounde Court of Appeals confirmed their convictions and their 15-year prison terms. On May 25, Edzoa reportedly sent a delegation to ask for the President's pardon. The President reportedly demanded a written request before consideration of the case, but Edzoa feared the letter would be used to strengthen the Government's case against him. At year's end, Edzoa reportedly still was held in confinement at the maximum security gendarmerie headquarters, in cramped quarters with very limited access to visitors.

f. Arbitrary Interference With Privacy, Family, Home, or Correspondence

The Constitution prohibits such actions; however, these rights are subject to the "higher interests of the State," and there were a number of credible reports that police and gendarmes harassed citizens, conducted searches without warrants, and opened or seized mail. The Government continued to keep some opposition activists and dissidents under surveillance. Police sometimes punished family members and neighbors of criminal suspects.

The law permits a police officer to enter a private home during daylight hours without a warrant if he is pursuing an inquiry and has reason to suspect that a crime has been committed. The officer must have a warrant to make such a search after dark; however, a police officer may enter a private home at any time in pursuit of a criminal observed committing a crime.

An administrative authority may authorize police to conduct neighborhood sweeps in search of suspected criminals or stolen or illegal goods without individual warrants. Such sweeps were conducted frequently. During the year, as in the previous year, sweeps involving forced entry into homes occurred in Yaounde and Douala (see Section 1.c.). An increase in crime during the year led to a dramatic increase in the number of such sweeps, called "kali-kali" or "raffles," in Douala and Yaounde. Typically, security forces seal off a neighborhood, systematically search homes, arrest persons arbitrarily, and seize suspicious or illegal articles. There were credible reports that security forces used these sweeps as a pretext to loot homes and arbitrarily arrest persons for minor offenses, such as not possessing identity cards (see Sections 1.d. and 2.d.). In a June 2000 letter to government officials, the Catholic Archbishop of Douala stated that security forces arrested some parents during these operations, forcing them to leave babies or sick children alone at home.

In the past, Government administrative officials have used the armed forces to conduct tax raids on civilian communities; however, the Government reportedly did not conduct any such raids this year. In the past, the Government publicly has&



24/06/2007
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