Experts of the Committee against Torture Praise Cameroon’s Efforts to Prevent Gender-Based Violence, Ask about Alleged Violations of Rights of Journalists and Human Rights Defenders and Prison Overcrowding

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The Committee against Torture today concluded its consideration of the sixth periodic report of Cameroon, with Committee Experts praising the State’s efforts to prevent gender-based violence and raising questions about alleged violations of the rights of journalists and human rights defenders, and prison overcrowding.

Ana Racu, Country Rapporteur and Committee Expert, welcomed efforts made by the State party to prevent domestic violence and gender-based violence and to protect victims, including the adoption of important national strategic documents on the prevention of gender-based violence, trainings and awareness campaigns, and cooperation with United Nations agencies and other entities to support victims.

Ms. Racu said overcrowding was a pervasive issue in many Cameroonian prisons, particularly in major urban centres; the rate of overcrowding continued to be around 170 per cent.  Many prisoners were forced to share a single space for eating, sleeping and using the toilet.  What measures were in place to reduce the prison population and improve material conditions and the level of staffing?

Jorge Contesse, Country Rapporteur and Committee Expert, said there were various reports on the lack of safety of journalists in Cameroon.  He cited the case of Martínez Zogo, a journalist who had published details of financial scandals involving Government officials, whose body was found in 2023 wrapped in aluminium foil, with evidence that acid had been used in an attempt to destroy it.  Could the delegation provide details on the status of the investigations opened against members of the gendarmerie and other State officials regarding alleged human rights violations committed against journalists and human rights defenders?

Salomon Eheth, Permanent Representative of Cameroon to the United Nations Office at Geneva and head of the delegation, said that during the reporting period, citizens’ rights had been strengthened through operations to restore peace in areas affected by security crises.  Human rights abuses perpetrated in those areas, including through torture, had been punished.  In addition, awareness raising on the protection of human rights had been integrated into the training curricula of law enforcement personnel.

The delegation said draft legislation on domestic violence was being reviewed by relevant stakeholders.  The national strategy to combat gender-based violence was launched in 2022; it aimed to reduce gender-based violence cases by 50 per cent by 2026.

Human rights defenders enjoyed the protection of State authorities, said the delegation. Allegations of violations of their rights were investigated and responsible persons were prosecuted. Cameroon also cooperated with international institutions mandated to protect human rights defenders and took various measures to respect their rights.

Regarding the Martínez Zogo case, the delegation said an investigation had been conducted into the incident and persons were charged with torture, killing and abuse of power. This case was still before the courts.

To address overcrowding, the delegation said, new prison facilities were being built and existing prisons were being expanded.  The budget for the prison authority had been increased to 22.7 billion CFA francs in 2023.  Over 700 detainees were reintegrated in society between 2019 and 2022.

In closing remarks, Claude Heller, Committee Chair, said that the rich dialogue had helped the Committee to assess the efforts and the responsibility of Cameroon related to the implementation of the Convention and to diagnose what the main problems were in the State.  The Committee’s concluding observations would assist the State party in its efforts to uphold human rights.

In his closing remarks, Mr. Eheth said the constructive dialogue had allowed the State party to provide clarifications on the progress made by Cameroon in preventing torture and other cruel, inhuman or degrading treatment.  Cameroon looked forward to receiving support from the Committee and the international community to build on its progress and strengthen human rights protections.

The delegation of Cameroon consisted of representatives from the Ministry of Justice and the Permanent Mission of Cameroon to the United Nations Office at Geneva.

The Committee will issue concluding observations on the report of Cameroon at the end of its eighty-first session on 22 November.  Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpageOpens in new window.  Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found hereOpens in new window.

The Committee will next meet in public on Monday, 18 November at 11 a.m. to hear reports on follow-up to concluding observations, individual communications and reprisals.

Report

The Committee has before it the sixth periodic report of Cameroon (CAT/C/CMR/6Opens in new window).

Presentation of Report

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SALOMON EHETH, Permanent Representative of Cameroon to the United Nations Office at Geneva and head of the delegation, said Cameroon had always been committed to the protection and promotion of human rights.  It recognised that torture was an unacceptable violation of human dignity and was determined to take all necessary measures for its eradication.  Cameroon’s ratification of several international conventions relating to the protection of human rights by the State was a perfect illustration of this.

During the years under review, the Government had implemented a series of initiatives aimed at bringing practices into line with the State’s international commitments. In addition to domesticating the Convention, the State had undertaken reforms at the regulatory and institutional levels to prevent and punish the perpetrators of acts of torture.  It had also established a national preventative mechanism alongside other existing mechanisms, such as administrative and judicial controls.  In addition, the State was finalising the ratification of the Optional Protocol to the Convention.

Citizens’ rights had been strengthened through operations to restore peace in areas affected by security crises.  Human rights abuses perpetrated in those areas, including through torture, had been punished.  Measures had also been implemented to ensure supervision of the deprivation of liberty. In addition, awareness raising on the protection of human rights had been integrated into the training curricula of law enforcement personnel.

Despite these efforts, challenges remained.  Regional conflicts and internal socio-political crises created a difficult environment where abuses occurred.  Reported cases of abuse were followed up, with investigations opened and precautionary disciplinary measures pronounced, pending the outcome of the judicial proceedings.  These could lead to the punishment of the perpetrators and the compensation of victims.

Cameroon reaffirmed its commitment to eradicating torture on its territory by intensifying efforts to train law enforcement personnel, improve conditions of detention, strengthen freedom of expression, and issue court decisions that reflected the proportionality between the seriousness of acts of torture and the sentences imposed.  It would also strengthen the country’s cooperation with international partners, civil society and mechanisms for the protection of human rights.

Mr. Eheth closed by commending the Committee for its role in the promotion of human rights across the world and in the fight for the absolute prohibition of torture.

Questions by Committee Experts 

ANA RACU, Committee Expert and Country Rapporteur, said that for several years, Cameroon had been facing threats to peace, security and instability, attacks by non-State armed groups, in particular Boko Haram, in the far north region, and by militias of secessionist movements in the northwest and southwest regions, as well as inter-communal clashes and hate speech.  The dialogue would focus on challenges that the State party faced in the field of preventing and combatting torture, and represented an opportunity to identify solutions and to return to a normality where human rights were part of the political agenda and an objective of society.

Cameroon was already a party to the most important human rights instruments, and it practiced a de facto moratorium on the death penalty.  The Committee appreciated the State’s efforts to introduce fundamental safeguards in national legislation and initiatives on free legal aid provided to a number of beneficiaries.  However, there were numerous reports of violations of legislation regarding access to a lawyer, access to a doctor, and the notification of rights and custody. What stage was the State party at regarding the establishment of a central detention register?

According to national legislation, the maximum duration of police custody was 48 hours, renewable twice, for a total of 96 hours, or up to 15 days in cases involving threats to national security.  However, the time limits were not respected in practice, as police stations and gendarmerie brigades sometimes extended custody for up to two weeks.  What measures had been taken to implement fundamental legal safeguards and to prevent breaches?

Under State law, arrests could be made without a warrant in urgent cases where it would be difficult to obtain a warrant immediately, and for reasons of public safety and imminent threat.  Since 2017, hundreds of arrests without a warrant had taken place, notably in post-election protests or as part of the fight against armed groups such as Boko Haram in Cameroon’s far north, and separatist groups in the southwest and northwest regions.  Those arrested in these circumstances were not brought before a judge within 48 hours.  What measures had been taken to reduce cases of arrests without warrant and judicial review?

Reports indicated that some people had been deprived of their liberty without having been able to communicate with their family members, friends or counsel, particularly in cases involving political activists, journalists, human rights defenders and terrorist suspects. There were numerous cases where suspects, particularly in English-speaking regions, had been deprived of legal assistance for prolonged periods, increasing the risk of torture or forced confessions.  How long was a detainee guaranteed access to communication with their relatives and legal counsel, after their arrival in a detention facility?  On what grounds could a judicial police officer or State counsel extend the duration of pretrial detention past 48 hours?  In how many cases had this happened during the reporting period?  What was the application process for legal aid?  How was the State party making this process more accessible?

Any person held in police custody beyond the legal time limits or without valid justification was entitled to compensation commensurate to the seriousness of the harm suffered.  Was this mechanism functional?  Could the delegation provide information about medical examination upon admission to police custody, including the procedures of identification and documentation of signs of torture?  Did the police detention units and national gendarmerie detention facilities keep injury registers and medical records?  Were there internal regulations on reporting injuries or trauma?  What was the procedure for transfer to public hospitals? 

The Human Rights Commission of Cameroon could carry out impromptu or notified visits to all places of detention, civilian or military, including unofficial places.  Did the Commission’s representatives have access to all places of detention?  How many monitoring visits had been carried out and what recommendations had been considered by the Government?  Were the Commission’s reports public?  How was the functional and budgetary independence of the Commission ensured? How did the Commission’s Sub-Commission on the Prevention of Torture work, and what were its main findings and recommendations?  Were medical professionals, including psychiatrists, part of the Sub-Commission’s monitoring team visiting detention facilities?  Who decided which institutions to visit and when?  What specific budgetary or logistical resources had been allocated to the Sub-Commission so that it could fulfil its mandate independently?

Cameroon had joined nine of the 18 international human rights treaties and optional protocols.  However, it had not ratified the Optional Protocol to the Convention.  Why was this? What was the State’s strategy for ensuring the transparency of places of detention?  Non-governmental organizations and lawyers reported that prison access was significantly curtailed during the last two years.

The armed conflict within Cameroon had exacerbated the issues of violence against women, with increased reports of domestic violence.  Internal conflicts, budgetary constraints and cultural reminiscences were among the biggest challenges increasing violence against women.  The Committee was aware of the efforts made by the State party to prevent domestic violence and gender-based violence and to protect the victims.  It welcomed legislative and policy efforts, including the adoption of important national strategic documents on prevention of gender-based violence.  It also welcomed trainings and awareness campaigns carried out in 10 regions of the country, campaigns in schools and in the media, and cooperation with United Nations agencies and other entities to support victims. 

While welcoming that Act 2016/007 of July 2016 on the Penal Code established new offences, including offences relating to violence against women, the Committee was concerned that there were few complaints filed by victims, investigations and convictions. In some regions, serious harmful practices persisted, such as child and forced marriages; female genital mutilation; breast ironing; the stigmatisation of widows and widowhood rites; and the kidnapping of children, especially young girls, for the sale of organs or magic/religious practices.  Despite criminalisation of such acts within the Penal Code, victims of sexual violence and female genital cutting continued to lack assistance from law enforcement and perpetrators continued to act with impunity.

The armed conflict between the Anglophone and Francophone regions of Cameroon had exacerbated incidents of violence against women, especially in rural areas.  Women experienced many human rights violations, including killings, abduction and arbitrary arrests due to lack of protection.  The armed conflict had resulted in mass health care facility closures, with those that remained open operating at limited capacity. As abortion was outlawed, many women were forced to seek unsafe or delayed abortions.  Could the State party provide disaggregated data on cases of violence against women and children, including sexual violence, trafficking in persons, female genital mutilation and breast ironing?  What methods of redress were available to victims of violence against women and girls?  What measures had the State party taken to prevent and combat female genital mutilation and what financial allocations and redress schemes had the State party provided to victims?  Had the State party completed revisions to the national plan of action for combatting female genital mutilation?

There was no legislation in Cameroon that specifically criminalised domestic violence or provided preventative measures that addressed the underlying causes of domestic violence. Additionally, there was a reported tendency by the police to dismiss domestic violence as a “family matter.”  What steps had the State party taken to amend the Penal Code to make domestic violence and marital rape criminal offences?  Measures had been taken to support victims of gender-based violence with dignity kits and economic kits.  What other protective measures were available in the country?  Were there shelters and what was their capacity?  What services were provided for victims of trafficking and domestic violence?

The Government cooperated with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations in the region, providing protection and assistance to refugees and returning refugees or asylum seekers.  However, the Committee was concerned about the continued uncertainty surrounding the asylum process, by reports that refugees and asylum seekers from Nigeria had been ill treated by the armed forces, and that there had been mass forced expulsions for alleged collaboration with terrorist movements. Local authorities did not always recognise documents provided by the United Nations High Commissioner for Refugees as official, which prevented refugees from traveling and engaging in employment activities.  What legal and practical solutions did the State party have to recognise these documents and offer the necessary protection to refugees?  How was the State party addressing employment barriers for refugees?

There was no evidence that the Government accepted refugees for resettlement or offered naturalisation to refugees residing in its territory.  It continued to provide temporary and unofficial protection to individuals who had fled violence in the Central African Republic.  Due to their unofficial status and inability to access services or support, many of these individuals were subject to harassment and other abuses by employers in the informal sector.  What safeguards were currently offered?  How many people had been granted temporary protection status?

Had there been recent changes in the legislation or practices aiming at improving the situation of migrants and asylum seekers, including the situation of unaccompanied children?  What steps was the State party taking to ensure that detained unaccompanied migrant children were kept separately from adults? How many complaints had been submitted by asylum seekers and refugees and how many had been investigated?  What measures had been taken to ensure that refugees were not subjected to torture and ill treatment when returned to their country of origin?  Were there established procedures to identify victims of torture among refugees who fled their countries and resided in Cameroon?  Was there a complaints mechanism?

There were over one million internally displaced persons in the State in 2023.  What challenges did internally displaced persons face in Cameroon?   Who was providing assistance for internally displaced persons in the country and what measures were in place for addressing displacement and preventing violence, including sexual exploitation of women and girls among internally displaced persons?   The Committee called upon Cameroon to avoid taking measures that could lead to the forced displacement of the population, and to take appropriate, reasonable measures to prevent such displacement.

There were several reports that a large proportion of deaths in custody were caused either by violent incidents between detainees or as a result of unlawful actions and excessive use of force or torture by law enforcement.  What were the standard procedures used for the examination of bodies and for reporting cases of deaths in custody?  What barriers were there to reporting cases?  How many deaths in custody occurred during the reporting period, including in mental health facilities and police stations?  What investigations had been conducted in these cases?  How many deaths in mental health facilities and prison stations were believed to have been caused by assaults committed or tolerated by Government officials?  Did the State cover the costs of autopsies or forensic examinations for deaths in custody?  What measures had been taken to prevent violent incidents among prisoners?

Several measures had been taken by the Government during the reporting period to improve the material conditions of detention, including the construction of new prison facilities and the increased budget for food.  Had these measures been effective?  In the past, Cameroon was repeatedly criticised for the poor conditions of its detention centres and overcrowding.  Overcrowding was a pervasive issue in many Cameroonian prisons, particularly in major urban centres; the rate of overcrowding continued to be around 170 per cent.  Many prisoners were forced to share a single space for eating, sleeping and using the toilet.  What measures were in place to reduce the prison population and improve material conditions and the level of staffing, including medical personnel?  Did the State party have a strategy on the use of non-custodial penalties as an alternative to deprivation of liberty? Could the delegation provide updated statistical data regarding capacity rates per prison and prisoner rates per cell?

JORGE CONTESSE, Committee Expert and Country Rapporteur, Opens in new windowcongratulated Cameroon on the election of its former Prime Minister as the President of the United Nations General Assembly, which was symbolic of Cameroon’s dedication to promoting human rights.

One article of the 2017 Penal Code contained a definition of torture in line with the Convention, but did not provide an appropriate penalty, implementing up to two years imprisonment for the act, which could be reduced to one year.  Most penalties handed down for torture were very light and subject to a statute of limitations.  Would the State party increase penalties for torture and remove the statute of limitations? How many cases of torture had been investigated, how many cases were pending, and what was the maximum duration of torture proceedings?

Under State legislation, military courts had jurisdiction over offences committed with firearms and offences that “affected the security of the State”.  This term was extremely broad.  More than 330 people were on death row in Cameroon, a third of which were for terrorism offences.  Did the State party intend to amend legislation to provide reasonable time limits for torture cases?  Could detainees file habeas corpus petitions with the military courts?  Were family visits permitted for persons sentenced by the military courts?

Had the State party made any extradition agreements during the reporting period?  Had jurisdiction been exercised by the State party regarding acts of torture committed extraterritorially during the period?

The State party offered courses on human rights and the prevention and punishment of torture for public officials, including military personnel and the gendarmerie.  Was the completion of such training mandatory for employment in the armed forces and border control officials?  Were defence forces required to take refresher modules on this training periodically?  How many officials had received this training over the reporting period?  Did training address protection for women, children and other vulnerable groups, and identification of human trafficking and gender-based violence among asylum seekers?  What measures would the State party take to make capacity building sessions regularly available and compulsory for civil servants?  Had the State party developed a method for assessing the effectiveness of training modules?  What training was provided to judges and prosecutors, including on the Istanbul Protocol?  Was training on the treatment of rape victims compulsory for medical personnel?  Were medical personnel in prisons trained on the documentation of torture?

The body of Martínez Zogo, a journalist who had published details of financial scandals involving Government officials, was found in 2023 wrapped in aluminium foil, with evidence that acid had been used in an attempt to destroy it.  The 15 suspected persons in this case had been charged only with complicity to torture.  There were doubts about the independence of judicial investigations.  What was the status of investigations into this case? What mitigating factors had downgraded the charges of torture to “complicity to torture”?

There were various reports on the lack of safety of journalists in Cameroon.  For example, one journalist had been beaten and left in a remote location after having posted a photograph on Facebook showing a Government official allegedly involved in the death of Mr. Zogo.  A video had also emerged of Cameroonian artist “Longue Longue”, who was critical of the Government, being beaten by security agents.  Had investigations been initiated into the ill treatment of Longue LongueOpens in new window?  Could the delegation provide details on the status of the investigations opened against members of the gendarmerie and other State officials regarding alleged human rights violations committed against journalists and human rights defenders, including for nine investigations into arbitrary arrests and deaths in custody of Boko Haram suspects initiated in 2018.  How many cases had been dismissed and how many were still pending?

What protection programmes were in place for witnesses and victims of torture?  What progress had been made on developing a national action plan on the promotion of human rights?

The use of statements obtained through torture was prohibited in Cameroon, but the State party could only provide an example of one case in which such statements had been excluded. Would the State party amend the Penal Code to ensure that all statements obtained through torture were prohibited? How was compliance with article 15 of the Convention monitored?  Did the use of statements obtained through torture constitute grounds for appeal? How many such appeals had been lodged? What investigations had been carried out into a 2021 video showing acts of torture committed by State agents?

The Committee was concerned about the effectiveness of the mechanism for reporting human rights violations carried out by State officials.  Why were State employees carrying out investigations into other employees?  How many officials had been prosecuted and punished for human rights violations?

The Committee also remained concerned by reports of mass graves on the territory of the State party.  What measures had the State party taken to investigate mass graves?  Would the State party exhume and analyse bodies found in mass graves?  The Committee called for information on investigations into offences listed in its previous concluding observations, particularly looting, the burning of villages and the murders of citizens by State officials between 2015 and 2019.

Another Committee Expert said the Committee had previously requested information on measures to ensure that victims of torture had access to effective remedies, redress and rehabilitation, including when perpetrators had not been identified.  The State party needed to align its legislation on remedy with the Convention and the Committee’s general comment three.  The Committee welcomed the establishment of the Commission for Compensation for Illegal Detention, and that the Government worked with non-governmental organizations involved in rehabilitating victims of human rights violations.  Could the State party provide statistical data on its collaboration with civil society?  Was the Commission Opens in new windowprovided with appropriate financial resources to compensate torture victims?  How many victims had been provided with compensation to date?  Was collaboration with non-governmental organizations effective?

One Committee Expert said that orders from superiors could not be invoked as a justification for torture under State law.  Was there a provision under State law that held superiors criminally liable for acts committed by subordinates?

Another Committee Expert cited reports of human rights defenders being arrested, tortured and held under long sentences.  One journalist, Kingsley Njoka, had been exposed to harsh treatment and sentenced to 10 years imprisonment for “secession and complicity with armed gangs” in his reports on the armed conflict in the northwest of the country. What steps had been taken to ensure that human rights defenders received fair trials and were not subjected to unduly long sentences?

Several resolutions had been adopted by the African Commission on Human and Peoples’ Rights regarding attacks on lesbian, gay, bisexual, transgender and intersex persons.  What steps had been taken to protect such persons and the human rights defenders who defended them?  Could the State party provide statistical data on hate crimes investigated during the reporting period?

A Committee Expert said that Cameroon had a de facto moratorium on the death penalty.  How many death sentences had been handed down over the reporting period and what were the charges?  How many death row inmates had been released and for what reasons?  How many pardon decrees had the President issued?

Responses by the Delegation

The delegation said Cameroon was committed to upholding the rule of law and the rights and freedoms of its citizens, including through the modernisation of its judicial system. Cameroon was doing its utmost to comply with international law and align its domestic practices with international standards.  It was deeply committed to law enforcement and to guaranteeing human integrity.

Police custody was strictly regulated by the Code of Criminal Procedure.  It could only be implemented through open legal proceedings.  Judicial police officers had the right to hold suspects for a set duration, however, under special circumstances, the State Counsel could extend this period.  Detainees benefited from substantive and procedural guarantees, including the right to be treated with dignity and to be protected from torture, the right to receive visits, and the right to a lawyer.  Lawyers’ names were displayed in detention centres to ensure that detainees could contact them.  Detainees were informed of their rights while being remanded.  Arrests were nullified when there were breaches of the rules of custody.  Victims of abusive police custody could file habeas corpus petitions to the High Court. If habeas corpus was granted, detainees needed to be immediately released, unless there was an immediate appeal, and they had the right to seek remedy. 

The Commission for the Compensation of Victims of Illegal Detention was up and running.  It was composed of judges who were experienced in handling human rights violations.  It could issue reparation measures against perpetrators of human rights violations such as arbitrary and illegal detentions.  It had made judgements on 13 such cases; in two cases in 2022 and 2024, the Commission found that State officials had committed unlawful detention and granted financial compensation to the victims.

Cameroon would soon deposit legislation for the ratification of the Optional Protocol to the Convention; this had been delayed due to an administrative issue.

The concept of being lesbian, gay, bisexual or transgender was against the moral values of Cameroon.  Cameroon conformed with international human rights standards, which called for respect for the moral values of each society. Only persons who practiced homosexuality in the public arena were prosecuted.  All persons enjoyed the right to a fair trial.  Lesbian, gay, bisexual, transgender and intersex persons who were attacked had the right to seek redress in the courts.

Human rights defenders could individually and collectively carry out their activities freely in Cameroon if they respected the laws in place.  They enjoyed the protection of State authorities.  Allegations of violations of their rights were investigated and responsible persons were prosecuted.   The principles of a fair trial were respected and victims were granted remedy. Cameroon also cooperated with international institutions mandated to protect human rights defenders and took various measures to respect their rights.  Civil society organizations had provided input to the State party’s report.

Courts in Cameroon continued to sentence accused persons to death, but only for the most serious offences. Persons sentenced to the death penalty had the right to apply to the President for pardon.  In all cases, a pardon had been granted.  There had been no executions in Cameroon for more than 30 years.  The death penalty had been retained simply as a means of dissuasion from heinous crimes.

The budget for the Cameroon Human Rights Commission had increased year after year.  The Commission regularly visited places of detention, including police stations, hospitals and psychiatric homes.  Last year, the Commission carried out 614 visits to places of detention across all regions of the State.  The Commission published independent reports on the situation of human rights in the State every year.

Cameroon hosted over 500,000 refugees, mostly from the Central African Republic and other neighbouring countries. The State party’s strategy for hosting refugees was based on the Global Refugee Compact.  It had an assimilation policy.  Refugees were ensured all basic rights, including the rights to shelter, health and education. The Government was monitoring the number of refugees in collaboration with the United Nations High Commissioner for Refugees. Biometric cards were issued to refugees.

The delegation was not aware of reports of mass graves; such information needed to be verified.  The Government was working to protect human rights and prevent violence leading to mass killings.  If there was reliable information regarding such graves, the Government would investigate.

There were many internally displaced persons in Cameroon being hosted by local families and many had been affected by climate change.  The Government was working to ensure that all citizens’ rights were protected, regardless of where they were.  There was no hierarchy in the Government’s treatment of citizens.

Military tribunals had jurisdiction over military offences listed in the Code of Military Justice.  Magistrates who presided over military tribunals received the same training as other magistrates.  All appeals to decisions made by military tribunals were assessed by the Court of Appeals, which was a civilian court.  The right to a fair trial was upheld in military tribunals, which followed the civilian Code of Criminal Procedure.  No binding international instrument prevented the trial of civilians by military courts, provided that fair trial guarantees were respected.

Custody registers existed in police and gendarmerie brigades.  The Office of the Public Prosecutor was mandated to oversee these registers. Reports of violations in detention facilities were sent to the national preventive mechanism, which conducted follow-up.

Cameroon was a democratic State that did not practice torture.  It was committed to fighting violence in all its forms.  Acts of torture were not authorised by the State, and inquiries had been launched into all reported acts.

The security crisis in Cameroon was coming to an end, thanks to measures implemented by the Government.  The crisis was not a conflict between anglophones and francophones.  There was no war in Cameroon; law enforcement officers were responding to isolated acts of terrorism.

Draft legislation on domestic violence was being reviewed by relevant stakeholders.  Spouses who were victims of rape could bring their case to court, as rape was prohibited under the Penal Code.  The Government was providing counselling, guidance and dignity kits to internally displaced women and girls across the State.  The national strategy to combat gender-based violence and the national action plan for the elimination of female genital mutilation were launched in 2022.  The strategy aimed to reduce gender-based violence cases by 50 per cent by 2026.

Women who sought abortions and persons who subjected women to abortions without their knowledge were punished with imprisonment.  However, abortion was not completely banned in Cameroon; it was permitted when there was a danger to the mother’s health and when the pregnancy was the result of rape.

The sentences for torture were 10 to 20 years imprisonment for torture that resulted in the loss of limbs, five to 10 years for torture that led to incapacitation or illness for more than 30 days, and up to two years imprisonment for torture leading to incapacitation or illness for less than 30 days.  Persons who were sentenced to death could have their sentences commuted to life sentences.

Between 2022 and 2023, the police’s complaints hotline received around 179 reports of human rights violations by police officers.  Some staff of the police corps had been suspended following the investigation of these complaints.

Legislation from 2019 enabled litigates with limited finances to waive court fees and access legal aid.  In 2023, out of 222 applications for legal aid, 141 applications were granted.  The percentage of legal aid requests that were granted had increased in recent years.  Courts needed to appoint counsel for accused persons who were minors.

Human rights training was mandatory for newly recruited police and gendarme officers.  Continuous training was carried out for the police and the gendarmerie on the prevention of torture.  Measures had been taken to ensure that public servants were trained on human rights.  The Ministry of Justice earmarked funding for human rights training each year.  The Ministry of Justice had trained more than 200 judicial officers on human rights in 2023, addressing topics such as humanitarian law, domestic violence and protection against torture.  There were many non-governmental organizations in Cameroon working to promote human rights.

The budget for food for detainees in prisons was constantly increasing.  Each prison had nursing stations and pharmacies.  The total number of staff in the prison healthcare system was 272 in 2022.  Medical examinations were carried out when persons entered prisons.  Reports on deaths in custody were drawn up by the prison registrar.  Autopsies were carried out when deaths were suspicious.  Violence leading to death had not been registered in prisons. 

The number of detainees had increased to 35,000 in 2023, which exceeded the total capacity of prisons.  New prison facilities were being built and existing prisons were being expanded to accommodate more prisoners.  Around 51 per cent of detainees had been sentenced; the remaining 49 per cent were in pre-trial detention.  The budget for the prison authority had been increased to 22.7 billion CFA francs in 2023.  Over 700 detainees were reintegrated in society between 2019 and 2022. 

The State had registered 44 cases of torture.  Martínez Zogo was kidnapped in January 2023 and his body was later found.  An investigation had been conducted into this incident and persons were charged with torture, killing and abuse of power. This case was still before the courts. There were investigations underway into the alleged abuse of Longue Longue.  When investigations concluded, the suspects would be brought to court.  Family members of victims were able to launch civil actions to seek redress.  Torture was not used in the fight against Boko Haram.  The Secretary of State for Defence had sent a letter to all military staff in 2019 stating that torture was prohibited and that all persons who used torture would be held accountable.  In 2022, in a conflict in NgarbuhOpens in new window, non-combatant civilians, including women and children, had died in the crossfire. Investigations into this incident were underway in the military court.  These were isolated acts.

No applications for habeas corpus had been filed by persons before the military tribunal, but this was possible. All persons who were detained illegally could bring actions before the High Court to request immediate release. The Criminal Procedural Code stipulated that evidence and confessions were not admitted if they were obtained under duress or coercion.

Questions by Committee Experts

ANA RACU, Committee Expert and Country Rapporteur, called on the State party to speed up the legislative process to criminalise violence against women and domestic violence, which was important given the high number of domestic violence cases in the country. Efforts also needed to be increased to address harmful practices, which still existed in some regions of the State. Could more information be provided on the availability of shelters and rehabilitation services for victims of gender-based violence, trafficking in persons and other forms of violence?

How did medical examinations take place after admissions in police detention units?  Was reporting of detainees’ injuries to an oversight mechanism mandatory?  What were the morbidity and mortality rates in police detention?

There was no separate juvenile justice system in Cameroon and many child offenders were held with adults in prisons in appalling material conditions.  Minors could be sentenced with alternative sanctions to detention, but in practice, punitive sanctions were the most common.  What efforts had been made to set up a restorative justice system for children?  How did the gendarmerie and the police ensure that regular inspections of places of detention that accommodated children were carried out?  Could non-governmental organizations access prisons to provide support to juvenile offenders?  Boko Haram continued to kidnap children, including girls, and use child soldiers in combative roles and to gather intelligence.  What measures were in place to prevent these practices?

Cameroon had few Government-run mental health facilities.  Mental health units in regional hospitals were not functional due to a lack of specialised staff.  Which authorities could conduct monitoring visits of psychiatric health centres? What measures were in place to improve conditions in these centres and recruit nurses and other staff?  What complaints mechanism was available for persons with psychosocial disabilities in these institutions?

JORGE CONTESSE, Committee Expert and Country Rapporteur, said that the State was responsible for the actions of civil servants.  There were reports of mass graves being found in Cameroon in 2020 and 2022.  The Government needed to investigate these reports.

There were many international human rights standards that specified that military courts should not try civilians. The Human Rights Committee had expressed concern about Cameroon’s military courts’ jurisdiction over civilians in 1999.  Why were civilian infractions still tried before military courts in Cameroon?

How did Cameroon monitor compliance with article 15 of the Convention?  How did courts ensure that no one was being subjected to duress or coercion?  What was delaying investigations in the case of Martínez Zogo, and what was delaying efforts to ratify the Optional Protocol to the Convention?

Another Committee Expert said lesbian, gay, bisexual, transgender and intersex persons were particularly vulnerable to attacks.  Did the State party agree that it had a responsibility to create an environment to make such attacks less likely?  What awareness raising campaigns had been carried out towards this end?

Responses by the Delegation

The delegation said the State had a duty to prevent torture and it had never ordered a person to practice torture. When acts of torture were reported, they were duly investigated and responsible persons were held accountable. The State would investigate reports of mass graves.

The Government had put in place pilot shelters to receive women who were victims of domestic violence.  There was also a centre that received victims of trafficking in persons, where the Government was providing psychological care and employment support to victims.  There was a toll-free number through which complaints concerning trafficking could be lodged.

A juvenile justice project had been implemented to improve the treatment of children in the justice system. Training was carried out for judicial officers every year as part of this project.  In certain courts, cases concerning children were treated by specialised magistrates.  Generally, children were separated from adults in detention centres.  In police centres that did not have separate facilities for children, detained children sat behind desks with police officers. Rehabilitation centres for children were used as an alternative to prisons for many juvenile offenders.

The State was not slowing down the processing of the case of Martínez Zogo.  Proper procedures were being followed; this took time.  For example, judges needed to rule on motions before discussions in court commenced and it took time to call in all witnesses.  The system ensured that all stakeholders were heard.

All individuals were protected in Cameroon.  There was no targeting or profiling of the lesbian, gay, bisexual, transgender and intersex community.  The police could only arrest persons who engaged in flagrant acts of homosexuality.

Questions by Committee Experts 

A Committee Expert said that under the Convention, Cameroon needed to take all measures necessary to prevent and punish torture, including acts committed by private persons.

JORGE CONTESSE, Committee Expert and Country Rapporteur, said that numerous journalists had written reports of mass graves.  The State party needed to follow up on these.  The Committee’s previous concluding observations requested specific information on specific victims of torture and ill treatment.  All these victims had criticised the administration. The State had a duty to undertake due diligence related to these cases.  How would it ensure that these investigations were conducted and concluded?

Responses by the Delegation

The delegation said State authorities were accountable for everything that happened on the territory.  The State needed to make adequate efforts to prevent torture.  Cameroon aimed to modernise governance on human rights by investing increased resources in the judicial and prison system.

The procedure for ratifying the Optional Protocol was moving towards conclusion.

There was no international convention that prohibited the trial of civilians in military courts.  Military judges had the relevant legal and military training to assess cases that involved armed conflict.  Sentences by military courts were of the same quality as those of civilian courts.  The State party aimed to develop a legal system that met international standards.

Concluding Remarks 

CLAUDE HELLER, Committee Chair, said that the rich dialogue had helped the Committee to assess the efforts and the responsibility of Cameroon related to implementation of the Convention, and to diagnose what the main problems were in the State.  The Committee would present three or four priority recommendations to be implemented within one year.  These would assist the State party in its efforts to uphold human rights.  The Committee was interested in continuing its dialogue with the State party through the follow-up process.

SALOMON EHETH, Permanent Representative of Cameroon to the United Nations Office at Geneva and head of the delegation, said the dialogue had been very constructive.  It had allowed the State party to provide clarifications on the progress made by Cameroon in protecting human rights and preventing torture and other cruel, inhuman or degrading treatment.  The Committee’s expertise would enrich further legislative and policy development for the protection of human rights.  The President had made human rights and the development of individuals a core part of his policy.

Cameroon was interested in pursuing reforms for the benefit of all persons on its territory.  It noted the concerns raised by the Committee related to detention conditions and the situation in regions of conflict.  The northwest and southwest conflict was not based on language or region; it was caused by separatists who had sought to secede using violence.  The State party would continue to address this conflict and work to protect human rights.

The State party would take ownership of and effectively implement the Committee’s concluding observations. Socioeconomic challenges influenced the actions of the Government but were not a justification for delays in the implementation of laws and policy.  Cameroon was moving towards practices in line with its international commitments.  It looked forward to receiving support from the Committee and the international community to build on its progress and strengthen human rights protections.

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