JUDICIAL POLICE IN THE ADMINISTRATION OF JUSTICE IN CAMEROON

CHAPTER ONE

GENERAL INTRODUCTION

This chapter provides the background to the study, discusses the problem that necessitated the research, the methodology employed, the objectives to be achieved and the significance and justification for the study, amongst others.

BACKGROUND TO THE STUDY

The police, by the very nature of their function, are an anomaly in a free society. They are invested with a great deal of authority under a system of government in which authority is reluctantly granted, and when granted, sharply curtailed.” [1]The horizon of ethical thought in our time is framed by the respect for human rights and the rule of law. Therefore the yardstick for measuring the extent to which law enforcement officers respect human rights and the rule of law in the course of the performance of their duty is the consistency and conformity with which criminal trail procedure successfully hold agents accountable for abuses of human rights and the rule of law. The enormous power wielded by the police, their possession and use of firearms, and the inevitable practice of discretion in decisions relating to arrest, searches and pre-trial detention require that law enforcement officers operate within the law[2].

Indeed, it is in the restraint of the use of power and discretion vested in the police that the respect and equality of the citizen and the liberty and integrity of persons in a state are secured.

Cameroon belongs to the family of nations that recognize in the equality and dignity of human beings, an essential value that should serve as the foundation for the creation, interpretation and application of positive law. This is captured by section 1(3) of the Revised Cameroon Constitution of 9th May 1996, “the Republic of Cameroon… “Shall ensure the equality before the law of all its citizens?”. Section 1 of Penal Code emphasises that there is no exemption by enacting that all persons are subject to the criminal law. This section clothes in legislative form, the principle already embodied in the constitution that all men without distinction are equal before the law.[3]

The various parties involved in a criminal proceeding have had their roles redefined in the code. The Judicial Police Officer (JPO) who is part of this procedure is no exception. Although this code gives the Judicial Police Officer considerable powers in the conduct of investigations, it has also enacted a number of measures to protect the suspect against his (JPO) illegal actions such as arbitrariness.[4]

Judicial Police Officers are representatives of the authority whose decisions to a great extent determine whether other components of the criminal justice network will take official action. They are auxiliaries of the State Counsel who directs them. They consist of police, gendarmes[5]  and staff of certain departments (e.g. the Ministry of Environment and Nature Protection, the Ministry of Forestry and Wild Life etc.) who are empowered by the law to carry out investigations in criminal matters.[6]

Under the CIC, the JPO acted as “a wolf for the user”. The judicial police officer took advantage of the fact that this code did not take into consideration the protection of the rights of the suspect. The latter was then at the mercy of his investigator. The CIC did not provide any means of prosecution against the JPO. The CPC changed all these practices, it is a tool for the protection of the rights of the suspect. This does not mean that the powers of the JPO have been weakened. On the contrary, they were reinforced while adding respect for the rights of the suspect during proceedings.

• STATEMENT OF THE RESEARCH PROBLEM

According to Section 122 of the Cameroonian Criminal Procedure Code, while in detention people may at any time be visited by their counsel, members of their family, and any other person following their treatment while in detention. According to international human rights standards, people deprived of their liberty must be held only in a place of detention that is officially recognized. Cameroon’s Criminal Procedure Code also states that for police custody, a suspect shall be detained “in a judicial police cell wherein he remains for a limited period available to and under the responsibility of a judicial police officer”

However, this is not the case in Cameroon. The judicial police and administration of justice in Cameroon have been marred by frequent violations of the rights of citizens by police officers. These violations encompass various aspects, including arbitrary arrests, unlawful detentions, excessive use of force, and disregard for due process. Such actions not only undermine the principles of justice and fairness but also erode public trust in the law enforcement system.

Prince Nfor Hanson Nchanji a journalist working with Equinox TV Douala, and a reporter for Cameroon Concord. Created the Cameroon news agency document and was one of the first journalists to be sent on mission to Bamenda and he saw a lot of violations on the part of Police officers

After the minority meeting held at Geneva, his brother was threatened a letter was sent to him “we know your brother is in Geneva tell him to stop we know your family “

This forced him to resign and he went on hiding. Many human rights activist have gone on exile because of the violations

  RESEARCH QUESTION

The researcher seeks to answer the following questions which can be categorized under general questions and a set of specific questions.

1.3.1 GENERAL RESEARCH QUESTION

The general question how effective are judicial police in Officer in the administration of justice?

1.3.2 SPECIFIC RESEARCH QUESTIONS

• What is the legal and institutional framework regulating the role of the Judicial Police Officers in the administration of justice in Cameroon?
• To what extend do judicial police officers respcet the laws while carrying out their duties in the administration of justice?
• What policy recommendations can be made to address this problem?