provisions of the Penal Code because the judge sometimes had to decide on the
basis of the medical report whether an offence had been committed and whether
compensation should be awarded.
276. In connection with article 11 of the Convention" the representative
referred, in particular, to the recent establishment of the National
Commission on Human Rights and Freedoms which had been given broad powers,
including the power to hear denunciations, conduct inquiries and, if
necessary, to refer complaints t:o the competent authorities. Obstacles to the
supervision of police custody by judges were due to the fact that the
stwordination to the judicial authorities of the judicial police forces, which
had broad powers, could not always be guaranteed.
277. With reference to article 12 of the Convention, the representative
indicated that inquiries into allegations of torture when perpetrated by the
police were not conducted only by the police, but could also be carried out by
gendarmes or examining magistrates. Whereas in the past an official report
prepared by the police had been regarded as evidence in court, under the new
draft code of penal procedure statements by police officers could now be
challenged.
278. With regard to arti.cle 13 of t.he Convention, the representative informed
the Committee that in 1990, 72 police officers had been dismissed for having
practised torture. Moreover, under the new code of penal procedure being
drafted, if a police officer was guilty of torture the victim could have him
brought to trial and could obtain damages.
279. Replying to questions raised under article 14 of the Convention, the
representative indicated that a victim of tortlilre requiring psychiatric care
could be attended to in a centre in Yaounde and that there was also a centre
in Yaounde to deal with cases of torture that had led to any form of
disability.
280. In reply to the point made under article 15 of. the Convention, the
representative stated that, as a general rule, confessions obtained by torture
were not admissible in court.
281. In connection with article 16 of the Convention, the representative
informed the Committee that to his knowledge the words "to use force", as
contained in article 137 of Decree No. 60/280 relating to the gendarmerie, had
never been interpreted by the courts.
Concluding observations
282. In conclUding the consideration of the report, the Committee welcomed the
efforts made by the Government of Cameroon to respond to its questions and
requested the authorities to take advantage of the opportunity affor.ded by the
current reform of the Penal Code to amend certain provisions or to add new
ones to make it possible to more effectively prevent torture from occurring in
Cameroon.
283. The Committee also pointed to specific areas still causing concern in
respect of the implementation of the Convention, such as the duration of
police custody permissible by law and the need t.o provide persons in policy
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