ABSTRACT

The fundamental right to be safeguarded against unjustified apprehension and unlawful confinement is a cornerstone of human rights, acknowledged by numerous international human rights conventions. It stands as a critical facet of an individual’s personal freedom, and therefore, democratic nations enshrine the principle of protection against arbitrary arrest and illegal detention in their respective constitutions. This research seeks to assess the repercussions of arbitrary arrest and unlawful detention within the confines of the Buea Central prison. To accomplish this goal, a qualitative research methodology was employed, drawing from both primary and secondary data sources. Primary data was primarily gathered through comprehensive semi-structured interviews, while secondary data was culled from a variety of literary sources, legal documents, reports, and legal cases. Cameroon possesses several essential legislative frameworks pertaining to arrests and detentions, with the preamble of the constitution and the Criminal Procedure Code (CPC) being notably prominent. Similar to the constitutions of other democratic nations, the Cameroonian constitution underscores the fundamental human right to be free from arbitrary arrest and unlawful detention. Regrettably, the infringement of this right by law enforcement agencies is a prevalent issue within the Buea Central prison. The investigation revealed instances of law enforcement officials making arbitrary arrests and detentions devoid of adequate legal justification, and in contravention of procedures mandated by the Constitution and the CPC. These infractions encompass the failure to communicate arrest and detention rights and rationale, protracted pretrial detentions, the absence of legal representation during the pretrial phase, substantial obstacles for individuals contesting the lawfulness of their confinement in court, and the absence of redress when their rights are transgressed. Furthermore, judges and prosecutors have exhibited a lack of effectiveness in averting or terminating arbitrary arrests and unlawful detentions. Ultimately, the study offers potential recommendations aimed at mitigating instances of arbitrary arrests and illegal detentions.

GENERAL INTRODUCTION

1.1 Background of the Study

The realm of international human rights law bestows upon every individual the inalienable right to be free from unjustified or unlawful deprivations of liberty. This principle holds sway across diverse situations, encompassing criminal proceedings, administrative detention, military confinement, security detention, and detention related to counter-terrorism measures. Fundamental human rights, particularly the right to life and the right to liberty, hold a pivotal position both within Cameroonian domestic law and the international legal landscape.

Since the establishment of the United Nations Charter in 1945, the global community has painstakingly crafted a comprehensive body of international human rights law. Central to this body of law is the unequivocal assertion of the right to personal liberty, particularly the right to be free from arbitrary arrest and illegal detention. This essential right is enshrined in the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948. In Article 3 of the UDHR, it is unequivocally stated that “everyone has the right to life, liberty, and security of person.” Furthermore, Article 9 of the UDHR emphasizes that “no one shall be subjected to arbitrary arrest, detention, or exile.” These principles are similarly echoed in Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR), which stipulates, “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.”

Despite the legal recognition of these fundamental rights, illegal arrests and arbitrary detentions continue to be a pervasive issue, inflicting severe and long-lasting consequences. This problem is particularly pronounced in the Buea Central Prison in Cameroon. Arbitrary detentions not only disrupt the lives of those detained but also have far-reaching implications for poverty, economic development, public health, and the rule of law.

Inmates often experience overcrowded living conditions in prison facilities, with limited access to fresh air. Sick prisoners receive inadequate medical care due to poorly equipped dispensaries, and the quality of food provided is subpar. The government of Cameroon must address such issues and reform the penal procedures for inmates to improve their living conditions.

The prevalence of arbitrary arrests and detentions can be attributed to the actions of law enforcement agencies, including the police, gendarmerie, military, and the Battalion Rapid International (BIR). These actions have primarily targeted individuals involved in strikes and protests within the English-speaking regions of Cameroon since October 2016. These strikes, initiated by lawyers, teachers, and civil society actors, aimed to address concerns related to the erosion of the Common Law Legal System, the Anglo-Saxon System of Education, and the marginalization of English-speaking regions by the Cameroonian administration. As a result, many victims of arbitrary arrests are unjustly detained in the Buea Central Prison.

The right to liberty and security of person is a cornerstone of human rights and is crucial for the protection of other individual rights. However, arbitrary and unlawful arrests and detentions persist, often in states of emergency. International instruments such as Article 9(1) of the ICCPR, Article 6 of the African Charter on Human and Peoples’ Rights, Article 7(1) of the American Convention on Human Rights, and Article 5(1) of the European Convention on Human Rights guarantee a person’s right to liberty and security. Nevertheless, wrongful deprivations of freedom and physical constraints are incompatible with the principles enshrined in these legal instruments and the Universal Declaration of Human Rights.

A crucial consideration for lawful detention is that it must be both “lawful” and “reasonable” within the context and circumstances. In cases where these criteria are not met, the State party must demonstrate that such conditions exist to justify the detention. This is particularly pertinent in cases of arrests and detentions that occur without justifiable cause, without effective legal remedies for the victims, and with restrictions on access to legal representation and family contact. Such violations underscore the importance of preserving the right to liberty and security of person.

This study seeks to delve into the multifaceted consequences of arbitrary arrests and illegal detentions, drawing attention to the urgent need for reform in the penal procedures affecting inmates in the Buea Central Prison.