COMMITTEE AGAINST TORTURE BEGINS EXAMINATION OF REPORT OF CAMEROON

The Committee against Torture this morning began its consideration of the fourth periodic report of Cameroon on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Introducing the report, Anatole Fabien Marie Nkou, Permanent Representative of Cameroon to the United Nations Office at Geneva, said the fight against torture and other cruel and inhuman treatment lay at the heart of the policy of Cameroon's Head of State, President Paul Biya. The Cameroonian Constitution gave pride of place to international conventions, setting out that ratified international conventions were superior to the national laws. Moreover, judges were able to directly apply the provisions of the Convention that they deemed were clear and precise and they did not need to be incorporated into domestic law.

With respect to safeguards, no restriction on implementation of legal provisions regarding safeguards for detainees existed. According to law, all detainees had the right to contact with family, to access to a lawyer, to consult a doctor, to receive medical care and to make an appeal. The National Commission on Human Rights and Freedoms, for its part, also benefited from Government assistance in strengthening its independence and effectiveness, and would continue to do so with the objective of bringing that body into conformity with the Paris Principles (on independence of national human rights institutions). On the issue of compensation for torture victims, that was ensured through the common law system that provided for indemnification following court convictions for "administrative dysfunction". Compensation was systematic when the victim secured a conviction.

Serving as Rapporteur for the report of Cameroon, Committee Expert Nora Sveaass was concerned that 15,000 of the 23,196 persons in Cameroonian prisons were in pre-trial detention, and asked for confirmation that she had understood the statistics correctly. She also asked about the fate of the 1,168 persons detained after the February 2008 public demonstrations, as the Committee had received information that that group had been exposed to hardships, including allegations of torture. She further highlighted a seemingly "deep gap" between legal measures and the effective implementation of those measures. Reports from international institutions, non-governmental organizations and others detailed human rights abuses, including torture by the Security Forces, beatings and other abuses. There was also information that prison conditions were harsh and life-threatening and serious allegations about arbitrary arrests of human rights defenders and activists. An issue of great concern was the number of incidents where women were subjected to severe abuse amounting to torture in certain areas of Cameroon. Of particular concern was a 10-year-old case which she felt had not been adequately responded to, in which the eleventh Navy Battalion of Ekondo Titi had carried out rapes, torture and looting in South West Province.

Abdoulaye Gaye, the Committee Expert serving as Co-Rapporteur for the report of Cameroon, noted that the new body to "police the police" came under the General Directorate of the National Security Authority, which raised questions about its independence. On the issue of detainee rights, he noted that there was a possibility to hold persons in pre-trial detention for two months, subject to a renewal of another two-month period. He was not clear on whether that provision was still in force, but would appreciate confirmation that that practice had been abolished. Other concerns raised included information that traditional chiefs continued practices of ill-treatment and torture, despite cases cited in the report demonstrating prosecutions for such activities; and the large number of deaths in prison, linked to inadequate infrastructure and care, but also to abuse.

The delegation of Cameroon was made up of members from the Permanent Mission of Cameroon in Geneva. At the beginning of the meeting, Committee Chairperson Claudio Grossman acknowledged that the Committee had agreed to hold the meeting without the presence of the planned delegation from the country, owing to travel difficulties following the volcanic ash incident. However, an accommodation had been made and the schedule changed, so officials from Cameroon would be here when the delegation returned to the Committee at 10 a.m. on Friday, 7 May, to provide its responses to the questions raised today.

Cameroon is among the 146 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.

When the Committee reconvenes at 3 p.m. this afternoon, it will hear the responses of France to questions put by Experts on Tuesday morning.

Report of Cameroon

Since submitting its last periodic report, Cameroon has signed and ratified international conventions and adopted laws that contribute to strengthening the implementation of the Convention, including ratification of the United Nations Convention against Transnational Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The fourth periodic report of Cameroon (CAT/C/CMR/4) also details new institutional measures to enhance implementation of the Convention, which include the establishment of the Constitutional Council; the transfer of prison administration to the Ministry of Justice; the creation of a Directorate for Human Rights and International Cooperation in the Ministry of Justice; and the establishment of a Special Police Oversight Division, the so-called “Police des Polices” (“Police Police”) within the Department of National Security. It also notes that the Prison Administration, which formerly came under the auspices of the Ministry of Territorial Administration, has been transferred back to the Ministry of Justice by a decree of 8 December 2004. That amendment, which was recommended by the Committee and requested by the Head of State, should ensure that there is a coherent follow-up structure in the criminal justice chain. Furthermore, a Directorate for Human Rights and International Cooperation was established by a decree of 15 April 2005 to follow-up on human rights issues in general, including to inform and raise awareness among personnel in the judiciary and prison administration on human rights protection standards. Since its creation, it has prepared three reports on the status of human rights in Cameroon in 2005, 2006 and 2007.

The report further details legal action taken and sanctions levied in dozens of cases brought against police, prison officials, members of the gendarmerie and the army and traditional chiefs for acts of torture and ill-treatment, including fines and prison sentences of up to five years’ duration. To ensure humane detention conditions, the Government, with the assistance of development partners, has taken a number of measures to improve the treatment of prisoners, including in the areas of medical care, food and separating prisoners into different categories. Action taken on medical care includes recruitment of medical and paramedical staff; the opening of small laboratories in Douala and Yaoundé central prisons; the creation of a line of credit for each prison to purchase medicines for prisoners; the establishment of a programme to tackle HIV/AIDS in large prisons (screening and care of the sick); the establishment of a programme to tackle tuberculosis in Yaoundé and Douala central prisons; and the supply of central prisons with medical equipment and consumables and basic necessities. Notably, the Government has doubled prisoner food rations since the start of the 2006 budget year, and made the necessary budget allocations to do so. In addition, the PACDET II project and the project to modernize prisons and prepare detainees for social reintegration began in 2008 with the launch of agricultural activities in all prisons with a view to supplementing prisoner food supplies.

Presentation of Report

ANATOLE FABIEN MARIE NKOU, Permanent Representative of Cameroon to the United Nations Office at Geneva, said the fight against torture and other cruel and inhuman treatment lay at the heart of the policy of Cameroon's Head of State, President Paul Biya. He understood the just value of the considerable efforts of this Committee in assisting Cameroon to reach its goal of implementing the Convention.

Turning to concerns raised by the Committee, regarding the place of the Convention against Torture in Cameroonian legislation, Mr. Nkou underscored that the Cameroonian Constitution gave pride of place to international conventions, setting out that ratified international conventions were superior to the national laws. Moreover, judges were able to directly apply the provisions of the Convention that they deemed were clear and precise and they did not need to be incorporated into domestic law.

As to the main conclusions on human rights in the country in annual reports, which the Committee had asked about, Mr. Nkou noted that the situation of human rights in the country reflected a number of measures and initiatives undertaken by the Government and others with a view to meeting Cameroon's international human rights commitments. Legislative, judicial and other measures detailed in the various reports of the Ministry of Justice on the human rights situation in the country had made clear the effectiveness of the implementation of various conventions. Violations of civil and political rights still occurred, but impunity for such violations were now a thing of the past, as testified to by the many administrative and judicial decisions set out in those reports.

With respect to safeguards, no restriction on implementation of legal provisions regarding safeguards for detainees existed. According to law, all detainees had the right to contact with family, to access to a lawyer, to consult a doctor, to receive medical care and to make an appeal.

The National Commission on Human Rights and Freedoms, for its part, also benefited from Government assistance in strengthening its independence and effectiveness, and would continue to do so with the objective of bringing that body into conformity with the Paris Principles (on independence of national human rights institutions), Mr. Nkou said.

On the issue of compensation for torture victims, that was ensured through the common law system that provided for indemnification following court convictions for "administrative dysfunction". Compensation was systematic when the victim secured a conviction, Mr. Nkou reported.

Following the Universal Periodic Review, Cameroon had been strengthening the measures on the following priority issues related to national governance: further elaborating a policy to fight corruption; modernizing the legal provisions related to that fight; strengthening of institutional capacities; and the strengthening of civil society to allow it to play a role in the fight against corruption. All of that information was set out in a progress report for submission in the near future to the High Commissioner for Human Rights.

Mr. Nkou added that Cameroon was proud to have more than 200 political parties, four main unions, hundreds of non-governmental organizations and a vibrant, free and independent press, which included dozens of independent radio stations that daily further reinforced the Cameroonian democracy.

Torture was a marginal phenomenon in Cameroon. That was reflected in the fact that Cameroon was a voluntary party to a number of international legal instruments. Cameroon had also voluntarily submitted itself to a review of its human rights situation by the Universal Periodic Review of the Human Rights Council in February 2009, and had subsequently defended its reports before the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women.

Mr. Nkou drew attention to the fact that, economically, Cameroon was a developing country. It prioritized provision of free primary education, health care, and protection for women and children. Indeed, the bulk of the country's budget was devoted to the education, health and culture sectors. The work of promoting and protecting human rights was not without difficulties. Crises in the fields of food, finance and the environment had led to the need to put in place social safety nets and integrated services. Advocacy and global cooperation to enhance investment in development was also needed. There were also unforeseen difficulties, such as the impact of the volcanic ash cloud, which had impeded the ability of the delegation from the country to be here today. However, the information set out in the report reflected the commitment of Cameroon to human rights in general and to the Convention in particular, and the steps that had been outlined in the report would be built on and further strengthened. The Committee would help Cameroon in that process by showing them new ways to achieve their objectives.

Questions Raised by Committee Experts

NORA SVEAASS, the Committee Expert serving as Rapporteur for the Report of Cameroon, starting with some positive aspects, noted the establishment of the National Commission on Human Rights and Freedoms, which had been recommended as a full category "A" institution complying with the Paris Principles. In that context, she asked for more information about how the Commission's independent position with regard to monitoring, complaints, and other central obligations in the field of torture prevention would be implemented.

With regard to the status of the Convention in the national legal framework, Ms. Sveaass welcomed the information that the Convention could be directly invoked in the courts, and asked for details of the cases that had relied on the Convention’s provisions, including the outcome of those cases.

Ms. Sveaass also asked for detailed information on unannounced visits to places of detention, including how often they occurred, by whom they were undertaken, and what happened to the reports that were subsequently issued. The delegation had said that the basic rights of detainees were guaranteed by law. How were those rights secured in practice? Were those rights enjoyed by all people who were deprived of their liberty? In that connection, she asked if there was a good system of registration for detainees and also how long a person could be held before being brought before a judge.

Cameroon's written replies noted that there were 23,196 persons in Cameroonian prisons, including almost 15,000 persons being held in pre-trial detention and 9,000 sentenced persons. Ms. Sveaass wanted confirmation that she had correctly understood that figure. It was rare to see the number of pre-trial detainees surpass the number of those convicted in prisons. Moreover, of the total number 953 were minors, and she would appreciate more information on the crimes for which they were being held and the length of their sentences.

With regard to the 1,168 persons detained after the February 2008 public demonstrations, Ms. Sveaass wanted confirmation that they had now been released, as their sentences should have been served. Moreover, the Committee had received information that that group had been exposed to hardships, including allegations of torture. What investigation of those claims had been made by the authorities? A case of particular concern was the death of Jacques Tiwa, a member of CODE, who had been beaten by Security Forces and then died on 28 February 2008. His widow had repeatedly asked for that case to be investigated and the Committee would like to know what had been done in that regard.

A further concern was the seemingly "deep gap" between legal measures and reforms on one side and the active and effective implementation of those measures in Cameroon, Ms. Sveaass said. Reports from international institutions, non-governmental organizations and others detailed human rights abuses, including torture by the Security Forces, beatings and other abuses, particularly of detainees and prisoners. There was also information that prison conditions were harsh and life-threatening and serious allegations about arbitrary arrests of human rights defenders and activists.

Ms. Sveaass then drew attention to a number of specific cases, including that of Philip Afuson Njaru, a journalist and human rights activist who had been subject to severe beatings and had suffered chronic health problems and loss of hearing as a result. His case had been brought before the United Nations Human Rights Committee in January 2005 and they had issued a view that he had been subject to violations and was entitled to an effective remedy, including full compensation. What had been done in that case? Also, this week the Committee had been informed about the death of the journalist Bibi Ngota, who had died last week in prison in Yaoundé. He had been kept in detention since February 2009, following his arrest for having criticized and presented allegations of corruption against Cameroonian authorities. Prior to and following his secret arrest he had been subject to threats and abuse, and the International Federation of Action by Christians for the Abolition of Torture had made numerous efforts to have him transferred to a hospital. Details of investigations into that case were requested.

An issue of great concern was the number of incidents where women were subjected to severe abuse amounting to torture in certain areas of Cameroon. Ms. Sveaass highlighted a 10-year-old case which she felt had not been adequately responded to, in which the eleventh Navy Battalion of Ekondo Titi had carried out rapes, torture and looting in South West Province. A number of women had been forced into very degrading and destructive acts and had thereafter been beaten and raped, causing serious damage to their lives as well as provoking abortions in pregnant women after serious blood loss. According to information she had, the security officials responsible for those acts enjoyed impunity for them.

ABDOULAYE GAYE, the Committee Expert serving as Co-Rapporteur for the Report of Cameroon, wondered about the term limits for members of the as-yet-to-be-established Constitutional Council. The report said that the terms of members might "possibly" be renewed. For him, that introduced uncertainty and he would prefer to see a clear-cut rule about members' terms.

Regarding the new body to "police the police", Mr. Gaye noted that it came under the General Directorate of the National Security Authority. That raised questions about its independence, he underscored.

On the issue of detainee rights, Mr. Gaye noted that there were separate texts setting out the duties of police officers and detainees rights and they needed to be harmonized to ensure that detainees could really benefit from their rights systematically. On the same subject, he noted that there was a possibility to hold persons in pre-trial detention for two months, subject to a renewal of another two-month period. He was not clear on whether that provision was still in force, but would appreciate confirmation that that practice had been abolished.

Concerning the National Human Rights Commission, Cameroon had promised to review the role of the members, with Government representatives on the Commission to be given just an advisory role and not to have voting rights. Had that been done, Mr. Gaye asked?

Mr. Gaye was further concerned about the use of military courts to try basically civilian cases that occurred during states of emergency.

Regarding training, Mr. Gaye asked what training was undertaken for members of the medical corps on methods to determine whether torture had occurred and what monitoring of such programmes, if they existed, was done.

Other concerns raised by Mr. Nkou included information that traditional chiefs continued practices of ill-treatment and torture, despite cases cited in the report demonstrating prosecutions for such activities; a lack of information on investigations into prison riots that had occurred in 2008 and court cases brought; and the large number of deaths in prison, linked to inadequate infrastructure and care, but also to abuse.

Other Committee Experts then asked questions related to a number of subjects. An Expert was concerned about information in the report on prison deaths. According to the report, the number of deaths in Douala prison had been revised from 72 to 25, and the causes for the deaths included HIV/AIDS related causes and tuberculosis (i.e. exclusively disease-related causes). However, that information had come from the prison doctor alone. It was not clear that any investigation had been undertaken into the original allegation.

Other concerns included reports of ill-treatment and torture of refugees, in particular use of refugee children for forced labour and forced marriages of female refugees; what sanctions were possible for torture, according to criminal law; why only 15 of the 25 allegations of torture in the 2008 events had been investigated; whether visits to detention centres could be unannounced; how many non-governmental organizations had received accreditation to visit places of detention and how many had had their applications denied; and reports of deaths of prisoners held in chains awaiting the death sentence.

An Expert was particularly concerned about the law in Cameroon that permitted a rapist to marry the victim if she had reached the age of puberty. How many such marriages had occurred? Also, what was the social impact for a woman who refused to marry her rapist? What were the 11 different acts for which Cameroonian law carried a life sentence?


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