following of the Criminal Procedure Code were not respected28. In this regard, the Supreme
Court recalled in Judgment No. 72/P of 16 July 2015 in the matter between Kingue Paul Eric
vs Njombe-Penja Council, the obligation to state the grounds for detention and to notify the
accused of the ruling29. The application of the principle of liberty enabled accused persons to
be released pending the hearing of their matters on the merits. Thus, out of 58,816
applications registered, 15,211 persons were released before trial proper.
65- In a bid to ensure the effectiveness of one of the guarantees provided for in the Criminal
Procedure Code, the Chief Justice of the Supreme Court acknowledged, by Ruling No. 115 of
16 February 2016, the composition of the Commission for Compensation of Victims of Illegal
Detention. At the end of May 2016, 16 applications were being examined by the said
Commission.
66- Pecuniary awards through action for compensation that the State may initiate against State
agents found guilty of illegal detention may be in the form of a request for the proper
application of the provisions of the CPC on the protection of individual liberties. The
enhancement of training initiatives and the permanent lookout in the implementation of
corrective measures are challenges to be addressed with a view to rooting the reflex of legality
in law enforcement staff to enable them to be more respectful of individual liberties.
Section 5: Right to Fair Trial (Article 7 (1) and Article 26) (Rec 5, 6, 7, 10)
67- During the reference period, guaranteeing the right to fair trial continued to be one of the
thrusts of the Justice Sector Strategy for the period 2011-2015 contained in the previous
Report (§106)30. The recommendations made by the ACHPR following examination of the
said Report (Rec. 5, 6, 7, 10) were streamlined in the major guidelines of the Strategy that
focuses on enhancing the functioning of the Judiciary, improving on the material condition of
the Judiciary and consolidating the judicial system.
68- In this regard, the organization of the Supreme Court was amended by Law No. 2017/14
of 12 July 2017 to amend and supplement some provisions of Law No. 2006/16 of 29
December 2006 to lay down the organization and functioning of the Supreme Court. The
28
See Judgments of the Court of First Instance of Mbalmayo in The People and Mbabi Jean Moïse, Tsogo
Amougou Marie vs Mbabi Jean Moïse, Ntyama Nkongo Julien Boris, of 12 March 2015 (Cancellation of
Report and subsequent acts for violation of the rights of the detainee (failure to notify him of the beginning and
end of the detention); Judgment No. 5/COR of 8 January 2015 in The People and Kemadjou Yantsio Emmanuel
vs Nkono Armand (the judicial police case file in issue did not contain the time at which the suspect was
presented before the State Counsel, proof of the extension of the period of remand in police custody thus the
casefile was annulled as well as subsequent documents pursuant to section 124 of the CPC); See also Judgment
of the Yaounde Military Tribunal of 1 April 2015 in The People and Nsangou Adamou vs Issa Bouba (The
Court on its own motion took note of the violation of section 124 of the CPC on remand in police custody due to
the absence of the signature of the investigating Officer on the notification of report of the suspect, inexistence
of the notification report of the end of the detention notifying Issa Bouba of the day and hours he was to brought
before the State Prosecutor in violation of section 124 of the CPC
The Court holds […] that it results from this legal provision that a remand in custody issued by the Examining
Magistrate must contain a reasoned ruling to justify same and that the ruling must be notified to the accused; that
such measure results from the need to justify any measure that affects liberty and to notify any such measure and
its justification to the persons concerned; that besides, the legal provisions relating to this issue are a matter of
public policy and that the consequence of failure to respect them is absolute nullity of the proceedings by virtue
of section 3 of the CPC.
29
30
This Strategy, one of the objectives of which was to consolidate the Rule of Law, was aimed at addressing the
concerns raised following the audit of the judicial system in 2003.
16