GENERAL INTRODUCTION

Justice is the constant and perpetual wish to render to everyone his due. It is integral to our society that the most basic human rights are defended[1]. The human rights are inherently possessed by all human beings. They are considered as natural Rights with a divine origin that is to say these rights come from God our creator and it cannot be taken by any other person unless prescribed by the Law. The origin of human rights can be traced as far back as to when God created human beings and this is why it can be said that, human rights are “natural rights”. According to John Locke, Natural rights can be defined as Rights that we possess and enjoy simply by virtue of being human. Natural rights are also inalienable rights and universal rights and these are rights that all human have regardless of your status in the world, your religion, or how much money they have.[2] No one can take these rights away no matter who they are or what they do[3] The law has provided protection for human rights that are not to be avoided by any man. Generally when we talk of human rights, we refer to rights such as, the right to life, marriage, movement, education, speech and freedom. These rights are universal in nature and all human beings on earth inherently possess the rights regardless of the sex, race, language, religion and status in the society.

From the moment a person is suspected of any offence up to the pronouncement of condemnation, he is still entitled to protection of his person since he is presumed innocent until proven guilty[4]. The criminal procedure code plays a major role in the protection of human’s rights. During the criminal procedure, which are carried out following relevant court processes, the criminal procedure code of Cameroon seeks to protect the rights of persons who are considered suspects, defendants and accused from the time when the offence is committed till the time of conviction. The law Instituting the criminal procedure code stipulates the rules which deal particularly with the investigation of offenses, the search and identification of offenders, the method of adducing evidence, the powers of those charge with prosecution the organization, composition and jurisdiction of courts in criminal matters, verdict, sentencing, setting aside of judgments in default and appeals, the rights of parties and the method of executing sentences. It is in that perspective that we are intending to carry out our research on the protection of offenders under the Criminal Procedure Code. Cameroon’s Criminal Procedure Code came into effect on January 1^st 2007.It was adopted by the parliament in July 2005, as law no. 2005/007 of 27^th July 2005, [5] and incorporates key features of the French civil law and the common law systems.

In the Cameroon criminal Justice system, the law makes sure that the rights of every individuals are guaranteed be it a suspect, accused or a defendant. So the coming into existence of the criminal procedure code in respect of the constitution, intensified the protection of the rights of offenders in Cameroon.

The preamble of Cameroon’s constitution asserts that no person may be prosecuted, arrested or detained except in the case and according to the manner determined by law. It further holds that every person has a right to life, to physical and moral integrity and to humane treatment in all circumstances. Under no circumstances shall any person be subjected to torture, to cruel, inhumane or degrading treatment. The rights of offenders have been guaranteed both at local and international legal instruments ratified by Cameroon.  In fact, a sentence of imprisonment constitutes only a deprivation of the basic right to liberty. This does not entail any restriction of other human rights, except for those that are naturally restricted by the very fact of being convicted persons. It is commonly advanced that the classical ends of criminal law in the modern society are to give fair warning  of the nature of conduct considered to be offensive to express disapproval of certain reprehensible conducts, to prohibit and prevent crime to protect society at large, to provide deterrence by punishing reprehensible conduct, to provide reparation to victims of crimes, to differentiate, on reasonable grounds, between serious and minor offenses, to provide mechanisms for behavior reform and rehabilitation and to safeguard conduct which is without fault.

In Cameroon, when an offense is alleged to have been committed, the law provides rules of criminal investigation, preliminary inquiry, prosecution and trial of the alleged offense. At the conclusion of the trial proceedings, if the accused is convicted or found guilty, the judge or court passes a sentence in compliance with the criminal law in force. The institution of criminal proceedings aims at procuring a penalty or sentence and/or preventive measure against the offender who is judicially established as culpable. It is the legal framework of such sentencing which is the subject of this write-up. This implies that any rules or regulations made by the executive branch of the state or judges in the course of determining criminal matters, instituting new crimes or penalties are unconstitutional ab initio. It will be good for us to take a brief look at the principle of “non retrospection” as per the constitution this principle implies that, an accused person shall not be convicted of any crime for acts or omissions that did not constitute a crime at the time the accused committed it[6]. In the same manner, a convicted person should not be sentence to a penalty, which is higher than the penalty in force at the time when the offence was committed[7]. This instance is supported by Section 62(1) (d) of the Criminal Procedure Code which states “Criminal Proceedings shall be discontinued where the law has been repealed.

In line with definition terms and in a general sense, an offender is someone who has committed a crime or violated a law or rule. Offenders are typically individuals who have engaged in behaviors that are considered to be morally or legally wrong, resulting in harm or potential harm to others or society as whole.

The Black’s Law Dictionary, defines an offender as a person who has violated the law or unlawful activities, ranging from minor infractions to serious offenses.[8]

In the context of criminal procedure, offender refers to individuals who have been determined to have violated the law and is subject to legal consequences and penalties. An offender is a criminal, or someone who breaks the law. To this effect, it will be good to know that they exist various types of authors of crimes and this will be viewed below: In Cameroon, there are various types of authors involved in committing crimes. These criminal actors contribute to different forms of criminal activities. The offenders are classified according to their degree of involvement in the commission of the offences. The Criminal Procedure Code provides for two classes of offenders which are: the principal offenders (co-offenders) and Accessories; A principal offender (Co-offender) according to the Penal Code of Cameroon is a person who in agreement with another takes part with him in the commission of an offence[9]. A principal offender is the actual perpetrator of the offence[10]. In a situation where there are several participants in a crime, the principal offender is the one whose act is the most immediate cause of the actus reus. So the principal offender is the one whose act led others to commit the offence that is in a situation where there are so many participants. The principal offender is often seen as the mastermind behind the criminal activity, providing the ideas, strategies, and motivation for the execution of illegal actions. So they may actually be more than one cause and more than one direct contributor to a crime for instance, in a situation where two persons attack another with the intention to kill him and the combined effect of their blows is fatal, making the participants criminally liable as joint principals. Where an offence is committed through an innocent agent, the principal offender is the person who is the most immediate cause of the agent’s acts. In addition, a co-offender is the act of committing crime alongside one or more accomplices[11]

In legal term a principal offender is considered responsible for the crime, even if they did not directly participate in its commission. They may face criminal charges and penalties based on their level of involvement and the severity of the crime. Principal offender can be viewed in two perspective which is the mens rea and actus reus. In Criminal law, for a principal offender to be liable for their actions we will take a look at these two element which are essential in proving criminal responsibility. Firstly, we have Mens rea: Mens rea refers to the offender’s mental state at the time of the crime. This mens rea is actually a mental component of a crime and this must also be proven by the prosecution. Mens rea is known as “guilty mind” in latin. This actually involves having the intyent to commit a crime or knowing that they will do that crime. For instance, if someone intentionally shoots and kills they have the necessary mens rea for murder. So this is a situation where the offender’s consciously held an intention to conduct the act.

Secondly, we have the Actus reus; The actus reus refers to the physical act or conduct that constitutes a crime. This is an external or observable element of a crime, such as an action, omission, or possession of an illegal substance. So for one to establish a criminal liability, the prosecution must prove that the accused committed a prohibited act, or actus reus, and had the required mental state or mens rea at the time of the offense. For instance, in a state of theft case, the actus reus would be the physical act of taking someone’s property without the person’s permission. For this actus reus to establish a criminal liability, it will then depend on the offense committed.

Nevertheless, for a principal offender to actually commit an offense these two elements have to work together, because for an offense to take place, there must be an intent to commit the offense and the mental capacity for that act to be committed. So therefore, the principles of actus reus and mens rea are crucial in determining criminal responsibility. For someone to be judged guilty of a crime, both requirements must be met except in the case of strict liability offences. As well as in criminal law, the intent, actions, and level of participation are crucial elements in determining their criminal liability[12].

 Furthermore, we have another aspect concerning the parties to offence which is Accessories. According to Section 97 of the Penal Code, an Accessory shall mean a person who abets the commission of a felony or misdemeanor, that is who orders or in any manner causes the commission of an act or omission so defined; or who aids or facilities the preparation or the commission of such an offence[13] An Accessory is someone who aids or contributes to the commission or concealment of a crime. To this effect, there are two categories of accessories which are: accessory before the fact and accessory after the fact.

The interpretation of this dissertation is to carry out an examination of the safeguards and rights granted to individuals who have committed criminal offences or violated the law in Cameroon. This topic focuses on the legal provisions put in place to ensure the fair treatment and protection of offenders during the criminal proceedings.

The dissertation delves into various aspects such as the presumption of innocence, access to legal representation, right to a fair trial, prohibition of torture and inhumane treatment, the right to be informed of charges, and other fundamental rights enshrined in domestic and international law. It may also study the effectiveness of these protections, highlighting any gaps, challenges, or potential improvements needed to enhance the protection of offenders within Cameroon’s criminal procedure.

Over all, the dissertation would aim to analyze and evaluate the legal framework and practices surrounding the protection of offenders to contribute to the understanding of the criminal justice system in Cameroon and potentially provide recommendations for reform or strengthening of protections in this area. To this regard, so many authors have written something patterning to this topic and by so doing so as to addressed this issue of protection offenders, it would be necessary to get down to Literature review which is going to be presented as follows.

 Tchana Anthony Nzouedjan[14]has reognise the relevance and the need of protecting an accused person and he makes some specific provision which are very important and are all set out in the criminal procedure code. His work has been of great importance to this reseach that is by expantiating on the safeguards for fair trial of an accused person during Criminal Proceedings. Also, in his work he brought out the mode in which searches and seizures of a suspect should be carriedout. With all this said, we still find some gap in his work,which this current research is going to cover what was not done in his work in accordance with the Criminal Procedure Code of Cameroon.

In the same line, Lombe Viola Epie[15] acknowledges that, it is important for an accused person to be protected under the Camerooonian legal system. As a result of that, in her work she made mention of the various rights of an accused person standing trial before a competent court which are of great relevance to this reseach and have been made mention in this work. Due to the fact that, her work is in the same track with the Criminal Procedure Code of Cameroon, it went a long way to savage the situation how these individuals were being treated standing trial. All of this, still happen to be inadequate to be able to give the best protection the individuals needed as required by the Criminal Procedure Code.

Futhermore, according to Nguindip; Forsuh& Tetiewe[16],basically talking on the aspect of the rights of suspects, there are some ability that the investigative police has to possess which is; the thinking ability and the skill. This alone will go a long way to help them carryout the investigation on suspect very in the society. To add, in their work they suggested the aspect of legality of poiwer by the investigative police so that they will not abuse the legality of power. This work has been input in this research and so far has been very helpful to the research. It is on that note that we can say that, with all that has been mention in their work, the inestigative police though they respect the law but not quit in the aspect of respecting the rights of the suspect and as a result of this, the efforts made to make sure that the rights of the suspects are being respcted are still inadequate.

However this work has been of great help as it stated very clearly what is expected of the judicial police during investigation and this is in accordance with the Criminal Procedure Code. Eventhough there are still some lapses in the law concerning this area.

Micheal A.Yanou[17] has acknowledged the fact that, the Cameroon criminal justice system has made provisions in the criminal procedure code on the rights of defendant. In his book, he discusses on the rights of defendant during preliminary inquiry which happens to be essential part during investigations. Also, he made mention of other aspects related to the criminal produre in Cameroon and all of it has helped us to be able to forged ahead with this research. That not withstanding, he failed to make mention on some certain aspects which are actually relevant to this research thereby creating a vacuum that needs to be fill. This on going research is going to deal with the aspect not spoken of by the author in his own book explicitly.

Mukete Itahle, discusses the aspect of prison administrators not respecting the rights of prisoners. [18] Following a riot that took place in Buea and Bamenda Central prison in 2019, that cause a lot of havoc whereby the prisoners were ill-treated and beaten up by the gang of guards thereby violating their human rights. It is to this effect that, in his work he brought this aspect up so that they can be an improvement in this domain.it is also to make sure, the rights of these individuals is actually respected according to the Criminal Procedure Code of Cameroon. However the rule brought up seems to still be not enough inorder to protect this individuals and this is a problem in the Criminal Justice System. Nevertheless,the rights of these individuals are still not respected thereby violating the right of presumption of Innocence in Cameroon.

In addition, Nana Charles Nguindip discusses that, respecting human rights has always been a thing of the state, here, he mentioned of the fact that it is necessary for the rights of those presumed of having committed a crime to be respected accordingly. [19] This work is essential because it has stick on the neck of the law enforcement officers in the state of Cameroon to be able to respect the human rights of criminals by both the international and National body. Therefore those who are offenders are to be protected from torture and cruel treatment no matter the crime they commit. This work has help researchers, lawyers and even scholars to gain moe insights on the rights of individuals same as it has put this research in a better position as well. Regardless of all the laws that have been put in place to make sure that, the human rights of individuals are protected, it is still worrisome and devastating that these laws are not respected to the core as the fundamental human rights of people are still violated. However with all the laws stated to protect the rights of persons, it still shows that there are still lapses as to the effective implementation of these laws.

From the literature review, we can see related writings. Most of them gave us a clear and visible understanding of the rights of offenders in Cameroon Criminal Procedure Code. While some of them had a good interest on bringing out the various rights of the offenders under the Cameroon criminal procedure code.it was indeed a good and interesting thing to be able to study all of their interventions concerning this research but then, what they actually fail to establish in all of their studies is in bringing out the legality on the effectiveness of the implementation of the law as stated in the Criminal Procedure Code. It has been noted that, the judicial police faced a lot difficulties in respecting the rights of the suspects during investigations and this happen to be one of the problem we are trying to bring in solutions to. Even at the prison yards, the prison warders are not respecting the rights of convicted person kept under their care thereby violating their rights on daily basis. That not withstanding, some drastic measures have to be taken to accelerate the protection of the offenders because when that is done, it is going to be of great help in the years to come. Although most of the practitioners of law have some knowledge concerning this aspect, it seem so difficult for it to be applicable in practice. Therefore, this lacuna needs to be addressed immediately so that things will be handled the proper way.

When it has to do with criminal matters, it is expected to apply some diligence and be very mindful of not violating the fundamental rights of the offenders. In this aspect we see that, if the law is being followed to the core we will not be talking on protecting some specific people’s rights in the society but since the implementation of the law is not being very effective and efficient, there is going to be a need for us to carryout this research to expatiate more on the protection of offender under the Criminal Procedure Code of Cameroon.

From this stand point, the legal problematic revolves around identifying and exploring the potential short comings or weaknesses in the current Criminal Procedure system of Cameroon. It entails investigating whether the existing legal framework adequately safeguards the rights and interests of individual authors of crimes in Cameroon, and if there are any areas that require improvement or reform. Thus, the legal issue to be addressed here is, to what extent does the Criminal Procedure Code protect offenders?

However, the apprehension of this study necessitates a hypothesis; the strict application of criminal laws protecting offenders will valorize and boast legal provisions. Thus, in response to the problematic, the criminal laws protecting offenders in Cameroon are multifaced and can be approached in a tripatite angle.

The Legal relevance of this dissertation will be viewed in two aspects which is the social and legal aspects. From the social point of view,this research is relevant to student, lawyers, scholars and even court officials. This is because, the study touches the essential aspect of livelihood. Also, study is important to the society as a whole because the individuals will get to know their rights in case where they are faced with such circumstances. Again, this research will help sensitize a lot of individuals on the actions to take when a case as this approach them. It is good for all to know that, getting an insight of the laws and legislations that deals with the protection of offenders will be of great importance. If actually the police in their own department carry any investigation without violating the rights of individuals as required by the law then it will be a good thing. Lastly, if there are meetings of sensitization, symposiums by the Association of the personnel’s that knows that, protecting the Rights of Human is of great essence then a lot individuals will not be liable for a crime innocently. This is important because the way the rights of persons were violated before now it will not be the same again.

Looking at the legal point of view, the state of Camerooon has to make sure that all the necessary legislations concerning the protection of offenders put in place are actually applicable in practice and not just in theory. Moreso, there happen to be three main body in which legislations are being brought fought into the state, we have the Executive, the legislative and Judicial body. These are all the three aspects whereby laws are pass through to be established in this country. The law makers through this body has to make sure that, the law they have implemented is being respected to the core and that, no one is violating the rights of others. Even the judicial police when carrying out investigations are expected to do it humanly not in a way that will physically abuse the suspect or degrade the human nature of the individual involve. Furthermore, the government has to make sure, those expected to respect the law are not violating it because they have the responsibility of making sure that, the law is effectively followed. Lastly, this study will help not just the legal practtioners but it will also go a long way to help the researchers and students to be able to know more about practical aspects on the legislations put in place to protect the rights of offenders and not just the theoretical aspect. This will really served a purpose for future research on this very topic.

Regarding the Research methods to be adopted for this research study, the exegetic method will be of great use, coupled with the aspect that it has to do with the effective search of facts. The sources of data are the primary and secondary sources of data. The primary source consists of enacted laws such as Law No 2005/007 of the 27 July 2005 relating to the Criminal Procedure Code, Conventions, Declarations, statues and case law. The secondary source will consist of general and specialized books, legal dictionaries, journal articles, reports, newspapers, thesis and websites. This research method is adopted because it will be profitable to gain an insight into how effective court officials implemented the laws provided in the protection of offenders when carrying out investigations. The study shall alo adopt a purposive or the teleological method in understanding the mind of the legislator in line with the finality of the whether achieved or not. This research shall also involve interviews as a source of direct data collection.

 For a good structural and proper legal presentation of the problematic, this topic will be articulated in two aspects. The very first area is going to be dealing with the Pre-trial protection of offenders (Part 1) meanwhile the second phase is going to be the protection of offenders during trial and post-trial (Part 2).

[1] Reflection by Justanian, Roman Emperor from AD 527(unreported).

[2] John Lock’s “Natural Rights” Moral reasoning: A philosophic approach to apply ethics, Dryden press London 1990.

[3] Section 02 of the Universal Declaration of Human rights, 1948.

[4] Section 11(01) of the Universal Declaration of Human rights, 1948.

[5] Law No 2005 of 27^th July 2005.

[6] Section 3 of the Penal Code prescribed that No criminal law shall apply to acts or omissions committed before it coming into force or in respect of which judgment has been delivered before its coming into force.

[7] See the preamble of the constitution as read with Section 74(2) of the penal code .

[8] B. Henry Campell, Black’s Law Dictionary , 2^nd Edition, West-Thomson Reuters, 1910, p.

[9] Law No 2016/007 of 12 July 2016 on the Penal Code.

[10] A Principal Offender. https://www.lexisnexis.co.uk. Accessed on the 19 August 2024, 10:19am.

[11] S. van Mastrigt, “ Co-offending and Offender Attributes” Springer Science+Business media, 2014, pp 559-570.

[12] The elements of a crime in the United States (https://legal.jobs.io/blog) 10 May 2024, 11:00am.                                

[13] Section 97(a),(b) of the Penal Code.

[14] N.Tchana, Principles and Practice of Criminal Litigation In Cameroon, optimist press Nig.coy, 2022.

[15] L. Viola Epie, “An Appraisal on the Protection of the Rights of Accused Persons Standing Trial before a Competent Court of Law Under the Cameroonian Legal Sytem”, Sch Int J Law Crime Justice, Oct, 2022, p. 399.

[16] Nguindip; Forsuh & Tetiewe,  “Appraisal of the protection of the rights of suspects under the Cameroonian Criminal Procedure Code”, NAUJILJ 12, 2021, pp. 161-169.

[17] M. A.Yanou, Criminal Law and Procedures in Cameroon, optimist press Nig. coy, 2014.

[18] M. Itahle Itoe,   “A Study on the protection of the rights of pretrial detainees under international law; the case of Fundong, Boyo Division North West Cameroon”, Selinus University of Science and Literature,2021, pp. 50-70.

[19] N. Charles Nguindip, “The right to liberty and security of persons under Human Rights’, Vol.1 No3, September-December 2022, pp. 45-53.