A/65/44
Acts regarding the state of emergency and the maintenance of law and order
(25) The Committee notes with concern that Act No. 90/047 of 19 December 1990 on the
state of emergency is in force. Given the guarantees in article 2, paragraph 2, of the
Convention, the Committee notes with concern that the legislation on the state of
emergency and Act No. 90/054 concerning the maintenance of law and order allow, under a
state of emergency, for periods in police custody of two months, renewable once, and, in
cases of banditry, for periods of police custody set at 15 days, also renewable (art. 2).
The State party should ensure that international principles governing states of
emergency are respected, and in particular review the need for maintaining its state of
emergency legislation in the light of the criteria laid down in article 4 of the
International Covenant on Civil and Political Rights, to which Cameroon has been a
party since 1984. The State party should also adhere strictly to the absolute
prohibition of torture, in accordance with article 2, paragraph 2, of the Convention,
which states that no exceptional circumstances whatsoever, whether a state of war or
a threat of war, internal political instability or any other public emergency, may be
invoked as a justification of torture.
Systematic monitoring of places of detention
(26) The Committee notes the adoption of Act No. 2004/016, which established the
National Commission on Human Rights and Freedoms in accordance with the Paris
Principles (General Assembly resolution 48/134, annex) and that the Commission has been
granted “B” status by the Subcommittee on Accreditation of the International Coordinating
Committee of National Institutions for the Promotion and Protection of Human Rights
(ICC). Nevertheless, the Committee is surprised that the Commission participated in the
consideration of the report of Cameroon as part of the State party’s delegation rather than as
an independent body. In addition, the Committee notes the low number of prison visits
(according to information from the State party and the Commission, the latter visited only
eight prisons between 2000 and 2010) and the lack of proper follow-up on the part of the
authorities approached by the Commission. The Committee also notes that some NGOs
have accreditation enabling them to visit prisons, but is concerned by reported difficulties
in gaining access to prisons and the low number of prison visits carried out by NGOs (arts.
2, 11 and 13).
The State party should provide all the human and financial resources necessary to
enable the National Commission on Human Rights and Freedoms to carry out its
mandate, and should guarantee its independence. The Committee encourages the
State party to abolish the voting rights of representatives of the Administration on the
National Commission on Human Rights and Freedoms. The State party should take
all appropriate steps to enable NGOs to carry out periodic, independent,
unannounced and unrestricted visits to places of detention.
Training on the prohibition of torture
(27) While acknowledging the State party’s significant efforts in providing human rights
training to State officials, the Committee is concerned that the information, education and
training provided to law enforcement officials, prison staff, army personnel, judges and
prosecutors are inadequate and do not cover all the provisions of the Convention, in
particular the non-derogable nature of the prohibition of torture and the prevention of cruel,
inhuman or degrading treatment or punishment. The Committee also notes with concern
that medical personnel working in detention facilities receive no specific and
comprehensive training based on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) to detect signs of torture or cruel, inhuman or degrading
treatment (arts. 10 and 15).
88
GE.10-44721
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