Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit such practices, there were reports that security force members tortured, beat, harassed, or otherwise abused citizens. According to credible nongovernmental organizations (NGOs), soldiers, police, and gendarmes tortured persons inside and outside detention facilities. Police, gendarmerie, and BIR officials reportedly detained and tortured persons in temporary holding cells in police, gendarmerie, and BIR facilities, and in cells located at the Directorate General for External Research (DGRE).
Police reportedly tortured detainees. For example, on February 4, Eyebe Levodo died while in detention at the legal department of the court of first instance in Yaounde. According to newspaper and NGO reporting, members of the regional delegation of judicial police arrested Eyebe on January 30 in the Yaounde neighborhood of Tongolo on suspicion of membership in a criminal gang. Police officers detained Eyebe on February 4 and referred him to the public prosecutor, a few hours prior to his death. At the mortuary of Yaounde central hospital, observers reported seeing bruises on his neck, wrists, shoulders, arms, ankles, and legs. In addition, they noticed Eyebe’s mouth was swollen and there were other injuries to the head and other parts of the body, in addition to many other signs of trauma. The victim’s sister allegedly told a journalist from Kalara weekly newspaper she received a telephone call from her brother who claimed that he had suffered horrific violence and that police used force to extort information from him. The public prosecutor opened an investigation shortly after the death. As of year’s end, there was no publicly available update on the investigation.
On May 28, in Nom-Kandi, Ngan-Ha subdivision, Adamawa Region, four members of the fifth BIR tortured to death two young men named Abdou and Moussa. According to reports, villagers witnessed the torture but did not intervene because the soldiers were armed. The incident occurred after a woman accused Moussa of stealing 5,000 CFA francs ($9). Four BIR soldiers rushed to the suspect’s residence, where they found him and Abdou. Moussa allegedly acknowledged the theft but pointed out that Abdou was not involved. The soldiers ordered both of them to get down on their knees and beat them. After Abdou and Moussa died, regional authorities, including the governor, confirmed the incident and claimed they had ordered an investigation. No information was released as of year’s end.
AI’s July report documented 29 cases of torture at the BIR military bases in Salak and Mora and at the headquarters of the DGRE in Yaounde. For example, Radio France International journalist Ahmed Abba was stripped and beaten while detained at the DGRE. Fifteen men arrested in Bornori were brought to Salak, where many of them were tortured and one died; four others later died in custody in Maroua prison. Other torture victims documented by AI described being beaten for long periods with sticks, whips, and machetes and stomped with boots, often with their hands tied behind their backs, as well as being slapped and kicked. AI documented the cases of six persons who died in custody following such torture.
Other government employees, including one teacher, abused children with disabilities placed under their custody (see section 6). During the year Mbuaye Manga Emmanuel, a staff member of the Bulu Rehabilitation Institute for the Blind in Buea, allegedly raped a dozen children with vision disabilities at the center. According to credible organizations, both public and nongovernmental, the victims were boys and girls ages seven to 17. They told police on May 28 Mbouehe had been sexually abusing them since 2014 and on several occasions he had forceful anal intercourse with them. Children said they had informed the director of the center, Jerome Nkwelle Ewang, but he did not act to help them. According to reports, barrister Mfontem Ozongashu eventually uncovered the abuses and filed a criminal complaint against the perpetrator with consent of the victims’ parents. Preliminary investigations suggested the director helped the offender escape. The prosecutor remanded the director in custody for alleged complicity but granted him bail a few days later, and Ewang was able to resume work. As of September 10, the case was still open.
The United Nations announced in March that in 2015 there were 69 allegations of sexual abuse by peacekeepers in 10 peacekeeping missions around the world. At least one of these was committed by a Cameroonian peacekeeper in the Central African Republic (CAR). Reportedly new Cameroonian peacekeepers are required to sign individual commitment forms not to engage in sexual abuse as proof of the government’s resolve in ensuring missions are carried out in good conditions, but their binding nature under the law remained unclear.
Prison and Detention Center Conditions
Prison conditions remained harsh and potentially life threatening due to gross overcrowding, inadequate food and medical care, and poor sanitary conditions.
Physical Conditions: Overcrowding was pervasive in most prisons, especially in major urban centers. Officials held prisoners in dilapidated, colonial-era prisons, where the number of inmates was as much as four to five times the intended capacity. Sanitation, food, and medical care were wholly inadequate. Authorities stated sick persons were detained separately from the general population; this was often not the case.
In January the country’s prisons, which had an intended capacity of 17,000, held 27,997 inmates, according to the Ministry of Justice. Prisons in the Centre Region, with an intended capacity of 4,270, held 7,304 inmates. Those in the Littoral Region with a designed capacity for 1,550 held 4,250, while prisons in the North Region with a combined capacity of 1,300 held 2,776 inmates. At the individual prison level, for example, the Yaounde Kondengui Central Prison, with an intended capacity of 1,500, held 4,210 inmates; Maroua Central Prison, with an intended capacity of 400 inmates, held 1,486; and the Garoua Central Prison, with an intended capacity of 500, held 1,758 inmates.
Prisons generally had separate wards for men, women, and children. Unlike in previous years, there were no reported cases of officials routinely holding women in police and gendarmerie facilities with men.
As in 2015 physical abuse by prison guards and prisoner-on-prisoner violence were problems. In addition, “disciplinary cells” were often used to enforce discipline. Prison overcrowding led to a riot in one prison. According to media outlets and NGOs, on March 12-13, inmates of Garoua Central Prison launched a protest that developed into a mutiny. The prisoners were reportedly protesting life-threatening overcrowding, as there were nearly 2,000 inmates in the 500-capacity prison. Prisoners denounced lack of potable water and other inhuman conditions. Some detainees besieged the main prison courtyard and refused to return to their cells because of excessive heat and poor ventilation. The protest allegedly became violent when security force members attempted to return forcibly the prisoners to their cells. Three inmates died, according to official sources, and more than 40 wounded.
Overall, the quantity and quality of medical care, hygiene, and medicines was inadequate. Disease and illness were widespread, and sick inmates were not systematically and promptly separated from the general population due to lack of facilities. Malnutrition, tuberculosis, bronchitis, malaria, hepatitis, scabies, and numerous other untreated conditions, including infections, parasites, dehydration, and diarrhea, were rampant. In the Buea Central Prison, for instance, the infirmary contained four beds and a staff of four, including a doctor, a nurse, an assistant nurse, and a lab technician, some of whom were also expected to provide services to other prisons. Potable water and food were inadequate. Prisoners generally had one meal a day, and officials expected prisoners’ families to provide additional food. There were reports of detainees using buckets as latrines in some temporary holding cells within police or gendarme facilities.
Corruption among prison personnel was reportedly widespread. Visitors were forced to bribe wardens to access inmates, and prisoners bribed wardens for special favors or treatment, including temporary freedom, beds, and transfers to less crowded areas of the prisons. Due to inability to pay fines, some prisoners remained imprisoned after completing their sentences or receiving court orders of release.
Many citizens in the North and Far North Regions turned to traditional chiefs for dispute resolution. In contrast with previous years, there were no reports of persons held in private detention facilities. There were, however, reports of the use of unofficial military detention facilities in the Far North Region, including on the BIR bases at Salak and Mora.
Administration: Recordkeeping on prisoners remained inadequate, especially in holding cells at police and gendarmerie premises where detainees often were not registered. Independent authorities often investigated credible allegations of inhuman conditions. Visitors needed formal authorization from the state counsel, failing which they had to bribe prison staff to communicate with inmates. In addition visits to Boko Haram suspects were highly restricted. Some detainees were held far from their families, reducing the possibility of visits.
Independent Monitoring: The government permitted international humanitarian organizations access to prisoners in official prisons; observers did not have access to prisoners held in unofficial military detention facilities. The National Commission on Human Rights and Freedoms and NGOs, including the Commission for Justice and Peace of the Catholic Archdiocese, made infrequent unannounced prison visits. The government continued to allow the International Committee of the Red Cross to make more regular prison visits. As in 2015 there were no reports human rights activists attempting to visit prisoners were required to pay bribes to prison officials.
Improvements: On July 12, the president enacted a law to amend the existing penal code, providing for alternatives to detention, including community service and reparative sentences to reduce prison overcrowding. Under the amended penal code, a person convicted of an offense punishable by a maximum of two years or a fine may be allowed to work for a public entity or compensate victims as alternatives to incarceration. Human IS Right, a Buea-based civil society organization, in partnership with Operation Total Impact, implemented a formal education and reformation education program in Buea and Kumba principal prisons.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention. The law states that, except in the case of an individual discovered in the act of committing a felony or misdemeanor, the officials making the arrest shall disclose their identity and inform the person arrested of the reason. The law also provides that persons arrested on a warrant shall be brought immediately before the examining magistrate or the president of the trial court who issued the warrant, and that the accused persons shall be given reasonable access to contact their family, obtain legal advice, and arrange for their defense. The government occasionally did not respect these provisions.
There were several reports the government arbitrarily arrested and detained innocent citizens. In April, 63 individuals, including leading members of the opposition, were detained until late into the evening without charge, and at least one senior member of an opposition party sustained injuries from police handling. Government officials unofficially accused them of rebellion and inciting revolt, reportedly for organizing a campaign to wear black and distributing pamphlets. In October, 54 opposition members were again arrested at a political party meeting and detained for more than eight hours without being informed of the reason for their detention.
AI’s July report indicated arbitrary arrests and detentions continued on a large scale in the Far North Region, and even the basic legal safeguards concerning arrest and detention were rarely respected.
ROLE OF THE POLICE AND SECURITY APPARATUS
The national police, DGRE, Ministry of Defense, Ministry of Territorial Administration, and, to a lesser extent, Presidential Guard, are responsible for internal security. The Ministry of Defense–which includes the gendarmerie, army, and the army’s military security unit–reports to an office of the Presidency, resulting in strong presidential control of security forces. The army is responsible for external security; the national police and gendarmerie have primary responsibility for law enforcement. The gendarmerie alone has responsibility in rural areas. The national police–which includes the public security force, judicial police, territorial security forces, and frontier police–report to the General Delegation of National Security (DGSN), which is under the direct authority of the presidency.
The government took some steps to hold police accountable for abuses of power. Police remained ineffective, poorly trained, and corrupt. Impunity continued to be a problem.
Civilian authorities maintained some control over the police and gendarmerie, and the government had somewhat effective mechanisms to investigate and punish abuse and corruption. The DGSN and gendarmerie investigate reports of abuse and forward cases to the courts. Lesser sanctions are handled internally. The DGSN, Ministry of Defense, and Ministry of Justice claimed members of security forces were sanctioned during the year for committing abuses, but the government provided few details.
On August 26, Captain Hamadjam Hamadjida Rene, commander of the Mokolo gendarmerie, Mayo-Tsanaga Division, Far North Region, was allegedly remanded in custody at the Kaele prison on a warrant issued by the government commissioner at the Maroua military tribunal. Captain Hamadjam allegedly played a role in a series of armed robberies targeting traders. He was relieved of his duties and immediately replaced.
The National Gendarmerie and the army have special offices to investigate abuse. The secretary of state for defense and the minister-delegate at the presidency are in charge of defense of sanctioned abusers. The minister-delegate of defense refers cases involving aggravated theft, criminal complicity, murder, and other major offenses to the military courts for trial.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law requires police obtain a warrant before making an arrest, except when a person is caught in the act of committing a crime, but police often did not respect this requirement. The law provides that detainees be brought promptly before a magistrate, although this often did not occur. Police may legally detain a person in connection with a common crime for up to 48 hours, renewable once. This period may, with the written approval of the state counsel, be exceptionally extended twice before charges are brought. Nevertheless, police and gendarmes reportedly often exceeded these detention periods. The law permits detention without charge for renewable periods of 15 days by administrative authorities such as governors and civilian government officials serving in territorial command. The law also provides for access to legal counsel and family members, although police frequently denied detainees access to both. The law prohibits incommunicado detention, but it occurred, especially in connection with the fight against Boko Haram. The law permits bail, allows citizens the right to appeal, and provides the right to sue for unlawful arrest, but these rights were seldom respected.
Arbitrary Arrest: Police, gendarmerie, and government authorities reportedly continued to arrest and detain persons arbitrarily, often holding them for prolonged periods without charge or trial and at times incommunicado. “Friday arrests,” a practice whereby individuals arrested on a Friday typically remained in detention until at least Monday unless they paid a bribe to be released earlier, continued. There were several reports police or gendarmes arrested persons, without warrants, on circumstantial evidence alone, often following instructions from influential persons to settle personal scores. There were also reports police or gendarmes arbitrarily arrested persons during neighborhood sweeps for criminals and stolen goods or arrested persons lacking identification cards, especially in connection with the fight against growing insecurity, including the Boko Haram threat.
On April 22, in Esu, Mentchum Division, Northwest Region, at approximately 2 a.m., four gendarmes allegedly forced open the door to the home of Redemption Godlove, a high school teacher, seized him without warrant, and secretly detained him in Bamenda at the gendarmerie. On May 2, the gendarmerie referred Godlove to the state counsel of Mezam, who prepared a holding charge accusing him of “depredation by band” along with eight others and sent the accused to the examining magistrate of Mezam, who remanded Godlove in custody while conducting preliminary inquiries. The arrest was allegedly orchestrated by Baba Ahmadou Danpullo, owner of the Elba Ranch, who claimed the accused committed the alleged offenses. Godlove had served as spokesperson for Esu during a meeting with administrative authorities over a protracted land conflict with Danpullo. On May 31, the magistrate declined jurisdiction, claiming the state counsel of Mezam could not have jurisdiction since the alleged offense was committed in Mentchum Division, which has a high court, state counsel, and examining magistrate. The magistrate of Mezam canceled the remand warrant. The state counsel, however, kept Godlove in detention until July 14 when he complied, allegedly following the intervention of the attorney general of the Northwest Region.
Pretrial Detention: The law provides for a maximum of 18 months’ detention before trial, but many detainees waited years for a date in court. In January the Ministry of Justice indicated that of a prison population of 27,977 inmates, 15,616 were in pretrial detention. Some pretrial detainees had been waiting for trial for more than two years. The increase in prison population was attributed to staff shortages, lengthy legal procedures, and administrative and judicial bottlenecks, including procedural trial delays and corruption.
For example, Oben Maxwell, an activist, remained in pretrial detention in Buea Central Prison, Southwest Region, as of August 31, where he had been detained since his arrest in 2014. The cited reason for his detention was holding an illegal meeting. The military tribunal initially handled the case; it was then assigned to the Buea court of first instance.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law persons arrested or detained, whether on criminal or other grounds, are entitled to challenge in court the legal basis of their detention and obtain prompt release and compensation if found to have been unlawfully detained. There were no reported cases of challenges.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
Although the constitution and law prohibit arbitrary interference with privacy, family, home, or correspondence, these rights were subject to restriction for the “higher interests of the state,” and there were credible reports police and gendarmes harassed citizens and conducted searches without warrants.
The law permits a police officer to enter a private home during daylight hours without a warrant if he is pursuing a criminal suspect. Police and gendarmes often did not comply with this provision. A police officer may enter a private home at any time in pursuit of a person observed committing a crime.
An administrative authority, including a governor or senior divisional officer (SDO), may authorize police to conduct neighborhood sweeps without warrants, and this occurred.
Police and gendarmes sometimes sealed off a neighborhood, systematically searched homes, arrested persons, sometimes arbitrarily, and seized suspicious or illegal articles. In Wum, Northwest Region, on February 17, during an early morning raid following arson at the military barracks a few days earlier, police detained citizens without identification cards until identity could be established. There were several complaints police arbitrarily confiscated motorbikes and electronic devices.