In response to the arrest of representatives of Southern Cameroons National Council, including UNPO Member Representative Nfor Ngala Nfor, on 20 January 2007 and their subsequent detention at Bamenda central prison, Tanyi Josepsh, Chief Executive Officer for The Centre for Human Rights Education, Training and Research authored an article published by The Post News Online. Below is an excerpt:

[More information on arrest and detention of SCNC representatives]

"In every civilised and democratic society the liberty of its citizens is considered paramount above every other thing. As soon as a citizen is rightly or arbitrary arrested there are both positive and negative reactions with divergence opinions. However, the Code of Justice is written in our genes and everyday there are situations where we react based on what this Code says or prohibits.

If there is any place where justice should be handled carefully and with respect it should be in the courtroom. Justice must be rooted in confidence, and when the latter is destroyed in a judicial setting then anarchy is bound to follow.

Arrest Without Warrant

On or about January 20, 2007 in Bamenda, Northwest Province, and without a warrant of arrest, some armless Southern Cameroonians were ruthlessly brutalised, tortured, arrested and incarcerated by the forces of law and order on the grounds that they were holding an illegal meeting.

It is germane to state that if the arrest was at the behest of the Senior Divisional Officer for Mezam Division, then the entire arrest and subsequent detention is illegal.

Under Law No. 90/054 of December 19, 1990 on the maintenance of Law and Order, administrative authorities do not have the status of State Counsels or Examining Magistrates.

Section 2 of the above cited law states: Administrative authorities may at all times and depending on the circumstances, take the following measures within the framework of operations for the maintenances of law and order:

-Control the movement of persons and goods
-Requisition persons and goods according to law
-Requisition the police and the gendarmerie to maintain or restore order
-Take measures to detain persons for a renewable period of fifteen days in order to fight banditry.

Succinctly, while the law authorises administrative authorities to act within the context referred to above, the powers to order the arrest and detention of any individual is strictly limited to situations related to the fight against banditry.

The arrest and subsequent detention of any person on the verbal or written instructions of an overzealous Administrative Authority under the guise of maintenance of law and order is illegal.

Maintenance of law and order does not per say require arrest and detention.

Torture

The acts referred to above were further exacerbated by the fact that the detainees were allegedly tortured and treated inhumanely, contrary to the provisions of section 122 (1) (2) of the Criminal Procedure Code, which states:

-[“]The suspect shall immediately be informed of the allegations against him, and shall be treated humanely both morally and materially.
-The suspect shall not be subjected to any form of physical or mental constraints, or torture, violence threats or pressure…''

Pursuant to the provisions of section 3(1) of the Criminal Procedure Code, sanctions against the violation of any rule of the Criminal Procedure Code render the entire procedure a nullity.

The UN Convention against torture, cruel and other inhuman or degrading treatment or punishment of December 10, 1984 was ratified by Cameroon pursuant to the law No. 97/007 of January 10, 1997.

It is apposite to state that torture is an offence under international law. It forms part of customary international law meaning that it is binding on every member of the international community regardless of whether a state has ratified international treaties in which torture is expressly prohibited. It is prohibited and cannot be justified under any circumstance.

A state of war, internal political instability or any public emergency or orders from a superior authority cannot be invoked as a justification of torture or cruel, inhuman or degrading treatment or punishment on a victim.

[…]

Freedom Of Political Expression And Opinion

The above not withstanding, it is mentioned in the Preamble of the Cameroon constitution of 1996 thus:

"No one shall be harassed on grounds of his origin, religion, philosophical or political opinion or belief subject to respect for public policy.''

More importantly is Article 2 of the Universal Declaration of Human Rights, 1948, which states:

"Ever[y] one is entitled to all the rights and freedoms set out in the declaration without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

Further more, no distinction shall be made on the bases of the political, jurisdiction or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.''

The freedom of expressing a political opinion or belief during a peaceful assembly is a right enshrined and recognised in the Constitution, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (CCPR) to which Cameroon is a signatory.

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The advocates of the Southern Cameroon National Council, SCNC, are merely through a peaceful approach fighting for the liberation of the Southern Cameroons' territory by the Force Of Argument and Not The Argument Of Force. 

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Exceptionally, Justice Bea Abednego Kalla, a distinguished Judge, sitting as the presiding Magistrate in the Court of First Instance, Bamenda, could not lend his blessings to such manipulation in a similar case pitting the People of Cameroon Vs Henry Nya & 4 other (members of the SCNC) on October 29, 2001. In delivering the ruling he said:

"The Magistrate in this our state of law is free to render or capable of rendering justice without fear of favour. Those who cherish the status of this country as a state of law should keenly follow up the outcome of this case before the superior court and or why not any development in the career of this magistrate after this case.''