Mechanism to stop illegal and arbitrary arrest in Cameroon

CHAPTER ONE

GENERAL INTRODUCTION

1.0 INTRODUCTION

This chapter introduces the topic through the background of study, statement of the problem ,research questions, objectives  of the study, research methodology, justification for the study, scope of the study, limitations of the study , definition of key terms and synopsis of chapters.

1.1. BACKGROUND TO THE STUDY

Arbitrary arrest are arrest of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute or in which there has been no proper due process of law and order^[1]. Virtually, all individual who are arbitrary arrested are given no explanation as to why they are being arrested and they are not shown any arrest warrant. Depending on the social context, many  or the vast majority of arbitrary arrested individual maybe held incommunicado and their whereabouts can be concealed from their family , associates, the public and open trial courts²

. Arbitrary arrest deprived individual of their liberty and it is prohibited the United Nation Division for Human Rights. Article 9 of the 1948 Universal Declaration of

Human Right Decree that ‘’ No one shall be subjected to arbitrary arrest , detention or exile’’.

Illegal arrest is a common phenomenom in the World in general and Cameroon in particular^[2] . In Cameroon , illegal arrest and detention is a day to day activities as citizen are being apprehended without due procedure of the law being comply. Section 30,31,32,33 of theCameroon criminal procedure code explain how arrest should be conducted⁴. This issue of illegal arrest has make many citizen to be afraid of government officer since their rights are no more safeguard. Many of such authority used their position and connection to intimidate others who has no connections. Nevertheless, there is a resent invention now in Cameroon especially Buea being call an arrest for cash. Here, smart officer of police , gendarmerie and soldier who have the habit of extorting money from the public by conducting unwarranted and scandalous arrest without warrant and this is not for the purpose of investigation but for their personal gain. An arrest for cash is not an arrest for justice, it is rather a travesty   of justice because it benefit individual alone and not the state . An illegal arrest can leads to long term damage to a person reputation and also lead to both physical and psychological injury. They must be a lawful reason for police to conduct an arrest and an arrest should only be used as a last resort. When conducting an arrest, the police must follow the set procedure as provided by the law that is if they violate the law being provided by the nation and arrest a person illegally, they can be sue for not following strict guideline.     

1.2 STATEMENT OF THE PROBLEM 

Laws doesn’t always correspond to practical applicable realities as many countries in the world have been criticized for poorly implementing the mechanism to stop illegal arrest in the community .Despite the laws laid down both national and internationally for  the protection of the citizen when it come to arbitrary arrest, section 30,119 [2][a] of the Cameroon criminal procedure code explain. Moreover, section 9 of  I.C.C.P.R which ensures for a speedy trial or for  a trial to be done within a reasonable time or released to be granted to the accused, is not also respected as persons are detained for a long period of time before facing trial. Article 9 of the UDHR is not also respected as accused persons are subjected to arbitrary arrest and detention in Cameroon^[3]. The constant violations of the right of citizen has made the laid down laws for their protection defective and farfetched.

Thus using the quote of Nelson Mandela which says ‘ TO deny people of their human right is to challenge their very humanity’’ and that of Luther king Jr which states that ‘’ A right delayed is a right denied’’. Leave us with the wonder if these  right protecting citizen are respected in Cameroon.

1.3 RESEARCH QUESTIONS

The research question of this work are both general and specific

1.3.1.General Research Question

Mechanism to stop illegal and arbitrary arrest in Cameroon

1.3.2. Specific Research Question

 What are the right of a citizen during an arrest

 What are the legal framework protecting citizen during arrest   

How effective is the law to protect it citizen during arrest

  What are     the possible recommendation that can be made to resolve this issue

   1.4. OBJECTIVE OF THE STUDY.

There are general and specific objectives.

1.4.1 Main Research Objectives.

This research is aimed at critically analyzing the various mechanism to stop illegal and arbitrary arrest in Cameroon .

1.4.2 Specific Research Objectives.

To examine the right of citizen during arrest.

To analyze the legal framework in protecting citizen right during arrest.

To effectively exam how the laws protect it citizen during arrest.

To make policy recommendations

SIMILAR TOPIC With materials: The consequences of arbitrary arrest and illegal detention: case of the Buea central prison

FURTHER READING: LAW PROJECT TOPICS WITH MATERIALS