large number of deaths at Douala central prison since the beginning of the year (25 according to the State party, 72 according to nongovernmental organizations);
(c)Reports of torture, ill-treatment and arbitrary detention perpetrated under the responsibility of certain traditional chiefs, sometimes
with the support of the forces of law and order.
41.The Committee notes with concern that:
(a)The draft code of criminal procedure has still not been adopted;
(b)The period of police custody may, under the draft code of criminal procedure, be extended by 24 hours for every 50 kilometres of
distance between the place of arrest and the place of custody;
(c)The time limits on custody are reportedly not respected in practice;
(d)The periods of police custody under Act No. 90/054 of 19 December 1990 to combat highway robbery (15 days, renewable)
and Act No. 90/047 of 19 December 1990 on states of emergency (up to 2 months, renewable) are too long;
(e)The use of registers in all places of detention has not yet been systematically organized;
(f)There is no legal provision establishing the maximum duration of pre-trial detention;
(g)The system of supervision of places of detention is not effective, responsibility for prison administration lies with the Ministry of
Territorial Administration. The prison supervisory commissions have been unable to meet regularly and, according to some reports,
public prosecutors and the National Committee on Human Rights and Freedoms seldom visit places of detention;
(h)The concept of a “manifestly illegal order” lacks precision and is liable to restrict the scope of application of article 2, paragraph 3,
of the Convention;
(i)Appeals to the competent administrative court against deportation orders are not suspensive, and this may lead to a violation of
article 3 of the Convention.
42.The Committee, while welcoming the effort made by the State party to transmit information relating to the prosecution of State
officials responsible for violations of human rights, is concerned about reports of the impunity of perpetrators of acts of torture. It is
particularly worried about:
(a)The fact that gendarmes can be prosecuted for offences committed in the line of duty only with the authorization of the Ministry of
Defence;
(b)Reports that proceedings have actually been initiated against perpetrators of torture only in cases where the death of the victim
was followed by public demonstrations;
(c)The fact that the case of the “Bépanda nine” remains unsolved;
(d)The reluctance of victims or their relatives to lodge complaints, through ignorance, distrust or fear of reprisals;
(e)Reports that evidence obtained through torture is admissible in the courts.
43.The Committee is also concerned about:
(a)The jurisdiction given to military courts to try civilians for offences against the laws on military weapons and weapons assimilated
thereto;
(b)The absence of legislation banning female genital mutilation;
(c)The fact that the Criminal Code permits the exemption from punishment of a rapist if he subsequently marries the victim.
D. Recommendations
44. The Committee urges the State party to take all necessary measures to end the practice of torture on its territory. It
recommends that the State party should:
(a) Immediately end torture in police and gendarmerie stations and prisons. It should ensure effective supervision of
these places of detention, permit NGOs to visit them and give more authority to the prison supervision commissions. The
National Committee on Human Rights and Freedoms and public prosecutors should pay more frequent visits to all places
of detention;
(b) Immediately launch an independent investigation into the deaths at Douala central prison since the beginning of the
year and bring those responsible to justice;
(c) Adopt urgent measures to reduce overcrowding in prisons. The State party should enact a law establishing the
maximum duration of pre-trial detention, and consider immediately releasing offenders or suspects imprisoned for the
first time for petty offences, particularly if they are under 18 years of age; such persons should not be imprisoned until
the problem of prison overcrowding has been solved;