Chapter 1: Introduction

1.1 Background

The concept of imprisonment has a long history in human civilization. Its origins can be traced back to the Roman Empire when wrongdoers were detained while awaiting trial or sentencing. In the ninth century in England, prisons were employed to restrain the king’s enemies. In the sixteenth century, Europe introduced houses of correction, aiming to address the growing issues of minor offenders. The seventeenth century brought the practice of transporting prisoners to different locations, with North America and Australia often serving as destinations. Until relatively recently, punishments were severe, including exile, enslavement, torture, mutilation, and execution.

The utilization of imprisonment as a method for treating prisoners in continental Europe is a relatively recent development, dating back only to the late eighteenth century. While jails, lock-ups, and detention facilities have existed for centuries, they were not used for any purpose other than detaining offenders until about two centuries ago. In the United States, the first prisons were established based on a program developed by Dr. Benjamin Rush, one of the signatories of the Declaration of Independence. By 1790, the Act that laid the foundation for the modern prison administration system in America was passed, emphasizing solitary confinement and disciplinary principles.

In pre-colonial Africa, only a few societies used imprisonment, often requiring compensation for granting liberty. During the era of the transatlantic slave trade, slaves were held in facilities that cannot be equated with modern conceptual prisons. Prisons as we know them today emerged during the colonial era, used by colonial powers for tax collection and forced labor. The colonialists operated two prison systems, one in their home countries and another in the colonized territories. As the struggle for independence intensified, imprisonment rates also increased. This was the case in the former British Southern Cameroons and French Cameroon.

Today, it is estimated that approximately 10 million people worldwide are held in prisons, with about 668,000 in sub-Saharan Africa and a million across the entire African continent. Africa hosts over 10% of the world’s prison population, and this number continues to rise, often accompanied by gross human rights violations. Prison conditions in Africa often fall far short of international human rights standards, due to a lack of state resources, corruption, inadequate access to food and healthcare, insufficient access to justice, inefficient administration and training, and severe overcrowding.

Cameroon is one of the countries with significant deficiencies in prisoners’ rights. In terms of overcrowding, it has the second worst rate in the world, with a prisoner-to-bed ratio of 296.3%. In 2019, there were around 79 prisons in Cameroon, categorized into central prisons, principal prisons linked to magistrates’ courts, and secondary prisons. In the Anglophone region of Cameroon, imprisonment and violations of prisoners’ rights have surged since the outbreak of the armed conflict. During this conflict, security and police forces have allegedly detained opposition activists, individuals suspected of supporting separatists, or those who criticize the government without following constitutional and legal procedures. Pre-trial detention has become the norm, and forced disappearances are reported. Moreover, overcrowding, inhumane living conditions, and violence are rampant in detention facilities.

1.2 Problem Statement

The preamble of Cameroon’s constitution asserts the importance of upholding human rights and prohibiting torture, inhumane treatment, and arbitrary detention. The rights of prisoners are safeguarded both under local and international legal instruments ratified by Cameroon. However, the ongoing crisis in the Anglophone regions has raised concerns regarding the fulfillment of the state’s obligations to protect prisoners’ rights.

1.3 Research Questions

This study aims to address the following questions:

1. What are the rights of prisoners?
2. Which legal instruments and institutions guarantee and protect prisoners’ rights?
3. What are the minimum requirements for prison standards?
4. To what extent has the state fulfilled its obligations to meet these minimum standards for the protection of prisoners’ rights in Anglophone Cameroon?
5. How are prisoners’ rights violated in Anglophone Cameroon?

1.4 Research Objectives

1.4.1 General Objective

The overarching objective of this research is to evaluate the protection of prisoners’ rights in the Anglophone Regions of Cameroon.

1.4.2 Specific Objectives

The specific objectives include:

1. Identifying prisoners’ rights.
2. Determining the legal and institutional framework for safeguarding prisoners’ rights.
3. Recognizing the minimum requirements for prison standards.
4. Assessing the extent to which the state complies with minimum requirements for prisons.
5. Evaluating the violations of prisoners’ rights in Anglophone Cameroon.

1.5 Research Methodology

To achieve the research objectives, this study employs a qualitative research methodology. It utilizes both primary and secondary data sources, including legal instruments, interviews with prisoners and prison authorities, as well as published studies, documents, reports, and discussion papers.

1.6 Justification of the Study

The ongoing conflict in the Anglophone regions has led to a significant increase in the number of prisoners in Cameroon, requiring increased attention to prisoners’ rights in this troubled region. This research represents a unique and timely contribution, as it focuses on the rights of Anglophone prisoners during a period of escalated incarceration due to the conflict. Existing publications in this field are limited, making this research a pioneering endeavor specifically exploring the rights of Anglophone prisoners, how these rights are protected, and how they are violated.