The Massacre of 7 children in Kumba-Cameroon: CHRDA says the accused persons sentenced to death should be given the opportunity to appeal.
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[Publish as posted on CHRDA website] On September 7 2021, the Military Tribunal in Buea in the Southwest Region, presided by the President of the Court, Lieutenant Colonel Tchinda Jackson, sentenced to death by firing squad four (04) accused persons who were standing trial before the said Court for charges related to acts of terrorism, hostility against the fatherland, secession, insurrection, murder and illegal possession of firearms and ammunition, in suit number OMJD NO. 2775 OF 1/12/2020.
There were 12 accused persons standing trial among which five (05) were already in custody at the Buea Central Prison and seven (07) others on Bail. Four (04) accused persons were sentenced to five (05) months imprisonment with a fine of fifty thousand (50.000) XFA each and Four (04) others were slammed a death penalty or capital punishment. The four accused person’s to face the death penalty include among others, 1- Yemeli Gilda, 2 – Konte Patrick 3-Angu Emmanuel 4-Elangwe Kelvin Eyabe. The other four accused persons were discharged and acquitted.
Note should be taken that these persons were standing trial for the alleged massacre of at least 07 students and 13 others injured during a shooting at the Mother Francisca International Bilingual Academy Kumba, on 24 October 2020, Meme Division of the Southwest Region, a massacre in the Anglophone Crisis which was describe by CHRDA as barbaric and falls within the six (06) grave violations of children’s Rights. After the incident, several persons were immediately arrested, suspected of having a hand in the massacre including the proprietor of the school, the principal, the vice-principal who was employed in the school just 18 days before the incident, the Discipline Master and the Security Guard.
Speaking to one of the acquitted persons who spent 6 months in jail and was later released on bail before the final verdict, he disclosed to CHRDA that when the unfortunate incident occurred in Kumba, being one of the school administrators, the government invited him among other school administrators and told them they were going be kept at the Buea-Road Prison in Kumba for their safety and security for the time being for the tension to cool down. After one month, the were transferred to Buea and told they were coming to sign some documents, when they arrived Buea, they were kept at the Buea Central Prison and later charged at the Military Tribunal for the offenses mentioned above. After military operations and investigations, several other suspects were arrested and brought to Buea where they stood trial for the alleged crime and the final verdict was delivered on Tuesday September 7, 2021 by Lieutenant Colonel Tchinda Jackson, slamming a death sentence on four accused persons.
Despite advocacy for the abolition of the death penalty or capital punishment around the world by the international community, Few legal instruments in Cameroon still prescribe some crimes punishable by the death penalty which include among others: The Law on the Suppression of Acts of Terrorism in Cameroon adopted in December 19, 2014, and Law no 2016/007 of July 2016, relating to the Penal Code. The following sections of the anti-terrorism law and the penal code defined the specific offenses warranting capital punishment. For the law on anti-terrorism, the provisions include inter-alia: Section 2(1)(2), Section 3(1), Section 4 (b), Section 5 (1), and for the penal code, the provisions include: sections 18, 22, 102, 103, 111, 112, 276 and 320.
THE RIGHTS OF ACCUSED PERSONS POST TRIAL
In Criminal matters in Cameroon, the criminal procedure code is made available to ensure that an innocent person does not suffer punishment for an offence he has not committed and that by the time a guilty person has been convicted and sentenced, his guilt has been proven beyond a reasonable doubt. Accused persons tried for crimes punishable by the death penalty with a final judgment have some rights which must be respected and protected. The rights include among others:
- Appeal.
When an accused is convicted and sentenced to death the method of execution will also be pronounced. Here, anyone sentenced to death shall have the right to appeal to a court of higher jurisdiction. The accused person has the right to make an appeal within 10 days of the verdict and this could be by a mere oral declaration at the registry of the Tribunal which handed down the decision. The prosecution also has the right to appeal and in Cameroon, the court of ultimate appeal is the Supreme Court.
- Implementation of Sentence
Convicted persons sentenced to death are kept in a special neighbourhood of the prison yard. The state has the duty to feed and clothe them, and also a duty to take care of their health.
- Presidential Pardon
According to section 22 of the Cameroon Penal Code on conditions precedent to execution, (1) every sentence of death shall be submitted to the President of the Republic for his decision on commutation; (2) no death sentences may be executed until the President shall have signified his decision not to commute; (3) no woman with a child may be executed until after her delivery.
In addition to the provisions of the penal code in Cameroon, international instruments approved by Economic and Social Council resolution 1984/50 of 25 May 1984 provides Safeguards Guaranteeing Protection of the Rights of those Facing the Death Penalty. They shed a broader light in the application of the death penalty:
Article 3 of the safeguards provide that Persons below 18 years of age at the time of the commission of the crime shall not be sentenced to death, nor shall the death sentence be carried out on pregnant women, or on new mothers, or on persons who have become insane.
Article 4 of the same instrument provides that Capital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts.
In Article 5, the instrument provides that Capital punishment may only be carried out pursuant to a final judgment rendered by a competent court after the legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings.
The death sentence to the four accused persons by a Cameroonian court is unprecedented in the Anglophone crisis. This is happening for the first time in decades and if executed, the state of Cameroon would be joining few other countries around the world still using the death sentence as punishment for criminal offences.
While the death penalty is not prohibited by the law in Cameroon or any other virtually universal international treaty, there are a number of instruments in force which Cameroon has ratified that do mention the death penalty and try to advocate for the abolition of capital punishment. Even the international customary law on its part does not prohibit the death penalty at the current time, but custom is rapidly changing towards a position in favour of worldwide abolition. At the international level, the most important treaty provision relating to the death penalty is Article 6 of the International Covenant on Civil and Political Rights (ICCPR) which Cameroon has ratified.
Other instruments include The Universal Declaration of Human Rights 1948, which in Article 3 proclaims that ‘Everyone has the right to life’ and article 5, says ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’;
Equally, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, as well as the African Charter on Human and Peoples Rights discourages capital punishment.
Following this verdict, we, therefore, call on the state to ensure that all the rights and safeguards guaranteeing protection of the rights of those facing the death penalty sentence should be respected and afforded the opportunity to appeal against the verdict or apply for pardon or commutation of sentence.
Berinyuy Cajetan is the founder and publisher of Human Rights and Legal Research Centre (HRLRC) since 2017. He has intensive experience in strategic communications for Civil Society Organizations, campaign and advocacy, and social issues. He has an intensive experiencing in human rights monitoring, documentation and reporting.
