14,300 Cameroonians held in pre-trial detention for minor offenses – (US Report)

A U.S. State Department report on human rights, released August 25, 2024, indicates that approximately 14,300 individuals in Cameroon are currently held in pre-trial detention for minor offenses. The report, citing the Cameroonian Bar Association, estimates that nearly 75% of those awaiting trial are incarcerated for offenses considered minor under local law. The document also highlights the disproportionate impact on minors, raising significant concerns regarding child protection and adherence to international juvenile justice standards.

It says many exceed 18-month limit with minors mostly affected. Corruption, delays, politics drive judicial backlog.

Cameroonian law stipulates a maximum pre-trial detention period of 18 months. However, the report notes frequent violations of this legal limit, with many detainees awaiting trial for years. This discrepancy between legal provisions and practical application represents a serious breach of fundamental rule of law principles.

The case of independent journalist Kingsley Fumunyuy Njoka exemplifies this issue; arrested in 2020 for articles related to the Anglophone crisis in the Northwest and Southwest regions, he was held for over four years before being sentenced in September 2024 to ten years in prison. Charges against him included secession and complicity with armed groups, despite his initial arrest being linked to his writings.

Structural factors contribute to these prolonged detentions, according to the report. Key issues include pervasive corruption within the judicial system and a severe shortage of court personnel. Additional challenges encompass mismanagement of case files, leading to delayed or lost procedures, and detainees’ frequent inability to cover legal costs. The report also points to systematic denials of bail, even when legal conditions for release are met. Furthermore, some legal proceedings are reportedly influenced by political considerations, requiring directives from higher authorities before judgment.

Despite these practices, the Cameroonian Constitution prohibits arbitrary arrests and detentions. It also guarantees citizens the right to challenge the legality of their arrest or detention before an independent court and to seek compensation for damages resulting from unlawful detention. These constitutional safeguards, though clearly articulated, are largely disregarded in the daily operations of the judiciary.

Criticism regarding the state of justice in Cameroon is not new. For several years, lawyers, local and international non-governmental organizations, and multilateral institutions have raised alarms about the widespread abuse of pre-trial detention. Organizations such as Amnesty International and Human Rights Watch, alongside national legal stakeholders, denounce a system characterized by slowness, high costs, opacity, and, in some instances, political manipulation.

In response to this judicial crisis, several long-awaited reforms are necessary. These include modernizing criminal procedures, increasing judicial staff, depoliticizing judicial actions, and implementing alternative measures to incarceration for minor offenses. Options such as community service, penal mediation, or fines could alleviate prison overcrowding while ensuring appropriate legal responses.

 Beyond legal aspects, the credibility of the entire Cameroonian judicial system is at stake.

The misuse of pre-trial detention, particularly in politically sensitive cases, erodes public trust in institutions and threatens social stability. An efficient, swift, and equitable justice system remains a cornerstone of any democracy. Cameroon now faces a critical choice: undertake profound reforms or continue to tolerate a system that deprives thousands of citizens of their fundamental rights.