requested information concerning or refuting reports of ill-treatment of
prisoners and allegations of torture which had not been the sUbject of an
official inquiry in Cameroon. In that connection, it was also noted that
information received from Amnesty International indicated that the authorities
had blocked civil actions for damages and that some persons had not been
granted court hearings despite their complaints.
252. Noting that there were no specific measures incorporating the provisions
of the Convention into Cameroonian domestic law, particularly in respect of
the specific prohibition of the use of torture by officials, such as members
of the judiciary, the police, prison staff or members of the armed forces,
members of the Committee expressed the hope that torture, as defined in the
Convention, would be made a specific offence under the new Penal Code now
being drafted.
253. Concerning article 2, paragraph 1, of the Convention, members of the
Committee wished to know whether there was an intention to make provision,
under the new Penal Code, for access by detainees to a lawyer, to regulate the
periods between interrogations and to require that the duration of
interrogations should be recorded in a register; whether medical examinations
of detainees were to be carried out by an independent physician; what the
period would be within which a detained person had to be brought before a
judge; and what the practice would be concerning the extension of periods of
custody. It was noted, in that connection, that no mention had been made in
the report of administrative detention. Moreover, it was asked what kind of
contacts were permitted during the 20-day period of detention incommunicado
and whether, in addition to the Obligation under the Code of Criminal
Procedure for the Public Prosecutor to make visi.ts to persons held in police
custody, there was also an obligation to visit prison cells. With reference
to the statement in the report that persons carrying out arrests were
prohibited from using force except when defending themselves against assault,
clarification was sought as to what was meant by the term "defence against
assault" and whether the principle of proportionality applied.
254. With regard to article 2, paragraph 2, of the Convention, members of the
Committee noted that under state of emergency powers custody could be ordered,
inter alia, by a minister for two months and extended for a further two
months, and wished to know what guarantees were provided for persons held for
such long periods in custody in respect of access to their doctor, lawyer and
family. Clarification was also sought as to whether persons in custody could
be held in private houses, and when held in premises other than police
premises, whether such persons could be held incommunicado.
255. With regard to article 3 of the Convention, members of the Committee were
interested in receiving information on specific examples of persons returned
or expelled who had been able to choose their country of destination. They
observed that a person could risk torture on return to his country even when
his life or freedom was not threatened for any of the reasons listed in the
1951 Convention relating to the Status of Refugees, and that the Convention
would be contravened if foreigners who did not meet the conditions of entry
into Cameroon were returned to a country where torture was practised.
Finally, in noting that extradition was ordered by decree of the President, it
was asked whether such a decree would take account of the requirements of
article 3 of the Convention. .
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