Chapter 1: Introduction

1.1 Background to the Study

The Republic of Cameroon, as a member of the United Nations and the African Union, has ratified various UN Human Rights Conventions, committing to uphold the standards set forth in these international human rights documents. On December 10, 1948, the Universal Declaration of Human Rights was adopted, affirming the belief in fundamental human rights. Cameroon, as a member of the United Nations, pledged to respect these rights.

Cameroon recognizes the equality and dignity of all human beings, which serves as the foundation for the creation, interpretation, and application of positive law. The Revised Cameroon Constitution of 1996 explicitly states that the Republic of Cameroon must ensure the equality of all its citizens before the law. The principle that all individuals are equal before the law, without distinction, is entrenched in both the constitution and the Penal Code.

Cameroon’s legal system inherited elements of both civil law, influenced by the Code Napoléon, and common law, stemming from its colonial history. The Criminal Procedure Code, which harmonized these legal traditions, came into force in 2007, replacing the Criminal Procedure Ordinance (CPO) and the Code d’Instruction Criminelle (CIC). The Criminal Procedure Code blends aspects of both common law and civil law systems, providing guarantees and safeguards for the rights of accused persons. This code marks an essential transition in Cameroon’s legal landscape.

1.2 Statement of the Problem

The enforcement of human rights in criminal cases has raised concerns as judicial decisions sometimes appear influenced by political interests or powerful government factions. The violation of Section 8 of the Criminal Procedure Code (CPC), which presumes the innocence of individuals until proven otherwise, has led to calls for reform. The rising cases of illegal detention and arbitrary arrests in various regions of the country have raised questions about the effectiveness of the legal system and other institutions in safeguarding individuals’ rights to freedom and peaceful enjoyment without interference from societal ills.

These issues have prompted an examination of the protection of rights under the Criminal Procedure Code of Cameroon.

1.3 Research Questions

1.3.1 General Research Question

• What are the various rights that individuals enjoy under the Criminal Procedure Code of Cameroon?

1.3.2 Specific Research Questions

• What is the nature and form of human rights?
• How does the Criminal Procedure Code of Cameroon protect human rights?
• What challenges do stakeholders face in safeguarding and executing human rights in Cameroon?
• What policy recommendations can enhance the protection and execution of human rights in criminal trials?

1.4 Objectives of the Study

1.4.1 General Objective

• To examine the various rights that individuals enjoy under the Criminal Procedure Code of Cameroon.

1.4.2 Specific Objectives

• To explore the origin, nature, and forms of human rights.
• To assess the protection of human rights under the Criminal Procedure Code.
• To analyze the challenges faced by stakeholders in safeguarding and executing human rights in Cameroon.
• To provide policy recommendations to improve stakeholders’ activities in the protection of human rights.

1.5 Research Methodology

This research employs quantitative methods and utilizes content analysis of primary and secondary data. Primary data sources include legal texts, case law, statutes, and treaties, while secondary sources encompass textbooks, journals, internet resources, newspapers, lecture notes, reports, theses, and manuals. The research involves critical analysis in the interpretation of legal concepts.

1.6 Definition of Key Terms

1.6.1 Human Rights

Human rights are the fundamental rights and privileges that all individuals are believed to possess simply by virtue of being human. They protect individuals from actions or omissions, primarily by state agents, that infringe on fundamental freedoms, entitlements, and human dignity. These rights encompass civil, cultural, economic, political, and social aspects, as well as the right to development. Human rights are universal, inalienable, and indivisible, applying to all human beings regardless of distinctions.

1.6.2 Protection

Protection is a legal privilege granted to a party in an action, shielding them from an adverse judgment that might otherwise be rendered against them. In a broader context, it refers to the act of safeguarding someone or something from harm, damage, or loss, as well as the state of being safeguarded in this manner.