courts and about the average amount of compensation that had been offered to
them. Clarification was also sought on the matter of government liability in
compensation actions.
.r
264. With regard to article 15 of the Convention, it was observed that the
provisions of that article required that judges must reject statements
obtained under torture and not that judges were entitled to reject such
statements.
265. In connection with article 16 of the Convention, clarification was sought
as to how the provision in the Cameroonian Code of Criminal Investigation that
the use of force in the process of arrest, detention or execution of a
sentence was a crime was interpreted and applied.
266. In reply to questions of a general nature, the representative of Cameroon
stated that although the Convention took precedence over national law, the
provisions of the Convention had not been incorporated into the Penal Code and
the Constitution because they had been in existence long before the
Convention. However, many reforms were under way in his country and the
Government was determined to take account of and res~ect the provisions of all
the conventions to which Cameroon was a party. The Court of National Security
had sole competence to try crimes and offences against the internal and
external security of the State, unless such crimes and offences had been
committed by minors under the age of 14. Its procedures followed those of a
court of first instance. Military courts were competent to try cases of
crimes committed by the military in the exercise of their duties. Civilians
who were co-perpetrators or accomplices of an act committed by members of the
military were not subject to the jurisdiction of the military courts.
257. The President of Cameroon was elected by universal suffrage, as were the
deputies to the National Assembly. To date, elections had been held by a
closed list system, but a special commission had recently been instructed to
study which voting methods might best serve the interests of democracy during
the forthcoming mUltiparty elections. The Government could influence court
decisions through, for example, the transfer of judges. The Supreme Judicial
Council handed down opinions of jUdiciary regulations but de rogations to those
regulations could be made by order of the President of the Republic who was
free not to take into account the opinions of the Council. However, measures
which would guarantee greater independence of the judiciary were currently
under study.
258. Replying to concerns raised over the state of emergency situation, the
representative referred to constitutional provisions and Act No. 90/047 of
19 December on the state of emergency. Article 2 of that Act, in particular,
established that the state of emergency was proclaimed by presidential
decree. If the situation which had led to the state of emergency continued to
exist, the President of the Republic had to consult the National Assembly.
There was no law, outside of a state of emergency, authorizing administrative
detention. The President had recently established a commission to propose
amendments to the Constitution including the provisions on the state of
emergency, in order to reflect the country's recent shift to democracy.
259. With regard to the reports of non-governmental organizations on the human
rights situation in Cameroon, the representative indicated that the persons
-51Digitized by Dag Hammarskjöld Library
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