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 -53- Digitized by Dag Hammarskjöld Library

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