The Protection Of The Rights Of Pre Trial Detainees In Cameroon A Legal Perspective
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The Protection Of The Rights Of Pre Trial Detainees In Cameroon A Legal Perspective
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Author : Sona Gerald
language : en
Publisher: GRIN Verlag
Release Date : 2024-04-11
The Protection Of The Rights Of Pre Trial Detainees In Cameroon A Legal Perspective written by Sona Gerald and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-11 with Law categories.
Academic Paper from the year 2024 in the subject Law - Public Law / Constitutional Law / Basic Rights, University of Buea, language: English, abstract: This article delves into the longstanding issue of pre-trial detention, tracing its origins back to the colonial era in Cameroon, where individuals were held in custody pending trial outcomes. It examines the extent to which pre-trial detainees' rights are safeguarded in Cameroon, revealing significant violations within the current legal framework. Notably, the Criminal Procedure Code (CPC) of Cameroon falls short in adequately protecting the right to bail, leaving its discretion to the courts. Employing qualitative research methodology, the study conducts a comprehensive doctrinal analysis of conventions, statutes, and cases. Findings indicate that while Cameroon's Constitution and CPC offer certain protections, these provisions are deemed insufficient, calling for reform. The study aims to evaluate the effectiveness of Cameroon's legal system in upholding prisoners' rights. In clarifying the term "pre-trial," the article underscores its global prevalence across Europe and Africa, encompassing diverse demographics—from first-time offenders to the mentally ill and career criminals. The history of pre-trial detention in Cameroon is rooted in colonial practices, where detainees were coerced into administrative labor. Post-World War I, there emerged heightened awareness of human dignity, catalyzing initiatives like the League of Nations' International Penal and Penitentiary Commission, which advocated for proper detainee treatment. Subsequently, the United Nations inherited this mission, emphasizing human dignity through international legal instruments, which are analyzed in the study. Three justifications for pre-trial detention are outlined: reasonable belief in the alleged perpetrator's guilt, flight risk, and potential obstruction of justice. Fundamental human rights, including liberty, are emphasized, with acknowledgment of widespread unlawful arrests, lack of legal counsel, and inhumane treatment in many countries. This article underscores the urgent need to reform Cameroon's legal framework, advocating for amendments to clarify ambiguous provisions, define undefined terms, and bolster lacking safeguards. By addressing these deficiencies, the study aims to enhance protections for pre-trial detainees and uphold fundamental rights within Cameroon's justice system.
Amnesty International Fair Trial Manual
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Author : Amnesty International
language : en
Publisher:
Release Date : 2014
Amnesty International Fair Trial Manual written by Amnesty International and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Criminal procedure categories.
"A practical and authoritative guide to international and regional standards for fair trial. These standards set out minimum guarantees designed to protect the right to a fair trial in criminal proceedings. The Manual explains how fair trial rights have been interpreted by human rights bodies and by international courts. It covers rights before and during trial, and during appeals. It also covers special cases, including death penalty trials, cases brought against children, and fair trial rights during armed conflict"--
Presumption Of Guilt
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Author : Martin Schönteich
language : en
Publisher:
Release Date : 2014
Presumption Of Guilt written by Martin Schönteich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Political Science categories.
In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
The African Court Of Justice And Human And Peoples Rights In Context
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Author : Charles C. Jalloh
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The African Court Of Justice And Human And Peoples Rights In Context written by Charles C. Jalloh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with History categories.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
An Audit Of Police Oversight In Africa
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Author : African Policing Civilian Oversight Forum
language : en
Publisher: African Minds
Release Date : 2008
An Audit Of Police Oversight In Africa written by African Policing Civilian Oversight Forum and has been published by African Minds this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.
"African Policing Civilian Oversight Forum."
The Judicial Application Of Human Rights Law
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Author : Nihal Jayawickrama
language : en
Publisher: Cambridge University Press
Release Date : 2002-12-12
The Judicial Application Of Human Rights Law written by Nihal Jayawickrama and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-12 with Law categories.
10 The right to life
The Un Working Group On Arbitrary Detention
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Author : Jared Genser
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-26
The Un Working Group On Arbitrary Detention written by Jared Genser and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Law categories.
This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
No One Left To Witness
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Author : Steve Swerdlow
language : en
Publisher:
Release Date : 2011-01-01
No One Left To Witness written by Steve Swerdlow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Criminal justice, Administration of categories.
"Uzbekistan has become synonymous in recent years with an abysmal rights record and a torture epidemic that plagues its police stations and prisons. United Nations bodies determined in 2003 that torture was "systematic" and "widespread" in Uzbekistan's criminal justice system--a crisis that only deepened after the Uzbek government killed hundreds of protesters in the eastern city of Andijan in May 2005. In 2008, the Uzbek government introduced the right of habeas corpus, or the judicial review of detention, followed by other procedural reforms, to its system of pre-trial detention. Such measures should have heralded a more positive era for Uzbekistan. They did not. Despite improvements on paper, and the government's claims that it is committed to fighting torture, depressingly little has changed since habeas corpus was adopted. There is no evidence the Uzbek government is committed to implementing the laws it has passed or to ending torture in practice. Indeed, in several respects, the situation has deteriorated. The government has dismantled the independent legal profession, disbarring lawyers who dare to take on torture cases. Persecution of human rights activists has increased, credible reports of arbitrary detention and torture, including suspicious deaths in custody, have continued, and the government will not allow domestic and international NGOs to operate in the country. Uzbekistan's increasing strategic importance as a key supply route for NATO troops in Afghanistan has led the United States, European Union, and key actors to soften their criticism of its authoritarian government in recent years, allowing an already bleak situation to worsen. "No One Left to Witness": Torture, the Failure of Habeas Corpus, and the Silencing of Lawyers in Uzbekistan documents the cost of the West's increasingly complacent approach toward Uzbekistan and urges a fundamental shift in US and EU policy, making clear that concrete policy consequences, including targeted punitive measures, will follow absent concrete action to address serious human rights abuses."--P. [4] of cover.
The African Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2016-11-29
The African Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-29 with Law categories.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Torture In International Law A Guide To Jurisprudence
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Author : Association pour la prévention de la torture (Genève)
language : en
Publisher:
Release Date : 2008
Torture In International Law A Guide To Jurisprudence written by Association pour la prévention de la torture (Genève) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Torture (International law) categories.