Republic of Cameroon (Cameroon).

Africa (Middle Africa).

French and English.

20,424,645 (2011 est.).

Abolitionist de facto.

1997.

Hanging.

Executions can be carried out by hanging.

Shooting.

Executions can be carried out by firing squad.

At least 220.

In 2017, there were 235 persons under sentence of death. There were no new reported death sentences. As of August 2018, RACOPEM (Cameroonian Network of Lawyers Against the Death Penalty) estimates that at least 220 people are on death row in Cameroon.

(This question was last updated on August 6, 2018.).

No; nor is there an unofficial moratorium in the form of a systematic policy of commutations.

Government representatives of Cameroon reported to the U.N. Human Rights Committee that its President “routinely” commutes any death sentence upon receiving a mercy petition, which is automatically filed pursuant to any final death sentence. Perhaps as a result of this statement of policy, the Human Rights Committee expressed its belief in its August 2010 report that the Cameroonian Government was considering establishing an official moratorium on executions.

In addition, the President issued blanket commutation decrees in 2004, 2005, 2008, 2010, and 2011, replacing death sentences with life imprisonment. However, the decrees excluded certain categories of offenses, and were not always efficiently implemented. It is not clear, for instance, how many death sentences were commuted by the presidential decree of May 2010, since article 4 excluded recidivist offenders and persons who had been sentenced for capital murder or aggravated theft, among others. Moreover, by the end of 2010, the presidential decree had not yet been fully implemented, and death row inmates had not been informed of the decree. On November 3, 2011, another presidential decree commuted the death sentences of certain prisoners, but excluded those convicted of murder or aggravated robbery, and did not specify how many persons benefitted from the commutation of sentence.

The Preamble (which under Article 65 is an integral part of the Constitution) states the people of Cameroon’s attachment to the principle that “every person has a right to life, to physical and moral integrity and to humane treatment in all circumstances” without qualification. The Preamble adds that “[u]nder no circumstances shall any person be subjected to torture, or to cruel, inhumane or degrading treatment or punishments.” The Constitution does not mention the death penalty.

Aggravated Murder.

Murder committed by poisoning or in order to further an offence, murder of a child 15 years old or younger, and murder of ascendants.

Murder.

Premeditated murder is punishable by death.

Other Offenses Resulting in Death.

Theft committed with violence and leading to death, and abduction of a minor younger than 21 years old resulting in the death of that minor.

Terrorism-Related Offenses Resulting in Death.

Terrorist acts occurring in a plane or airport and resulting in death.

Robbery Not Resulting in Death.

Theft committed with violence, causing grievous bodily harm, is punishable by death.

Treason.

Treason is punishable by death.

Espionage.

Espionage is punishable by death.

Other Offenses Not Resulting in Death.

-Assault on a state employee with intent to kill;
-Attempt of a death-eligible crime and conspiracy to commit a death-eligible crime;
-Plundering by gangs using force during times of war.

Comments.

By the end of our research, we were unable to locate the statutes applicable to criminal military justice.

While we do not know how many (if any) of these crimes are death-eligible, reports indicate that “[military] tribunals may exercise jurisdiction over civilians when the president declares martial law and in cases involving civil unrest or organized armed violence. Military tribunals also have jurisdiction over gang crimes, banditry, and highway robbery. The government has interpreted these guidelines broadly and sometimes has used military courts to try matters concerning dissident groups who used firearms.”

Under Articles 90 and 91 of the Penal Code, the death penalty can be commuted to 10 years’ imprisonment if the court finds mitigating circumstances, except when the acceptance of mitigating circumstances is expressly excluded by law. We found no statutory language excluding Articles 90 and 91 for any death-eligible offense.

The Supreme Court held on Jan. 9, 1975 that Article 320 excluded the application of Article 90 for aggravated theft; however, in the 2004 version of the Penal Code, Article 320 did not expressly exclude the application of Article 90. We were not able to find the wording of Article 320 at the time of the 1975 decision, but because articles in other laws (including a now-abrogated death penalty offense) do expressly exclude Article 90, and because Articles 90 and 91 refer to a statutory exclusion, we believe that the death penalty is no longer mandatory for aggravated theft.

Comments.

Cameroon has no mandatory death penalty. Under Articles 90 and 91 of the Penal Code, the death penalty can be commuted to 10 years’ imprisonment if the court finds mitigating circumstances, except when the acceptance of mitigating circumstances is expressly excluded by law. We found no statutory language excluding Articles 90 and 91 for any death-eligible offense.

The Supreme Court held on Jan. 9, 1975 that Article 320 excluded the application of Article 90 for aggravated theft; however, in the 2004 version of the Penal Code, Article 320 did not expressly exclude the application of Article 90. We were not able to find the wording of Article 320 at the time of the 1975 decision, but because articles in other laws (including a now-abrogated death penalty offense) do expressly exclude Article 90, and because Articles 90 and 91 refer to a statutory exclusion, we believe that the death penalty is no longer mandatory for aggravated theft.

Individuals Below Age 18 at Time of Crime.

Under Articles 80 and 87 of the Penal Code, the maximum punishment for children older than 14 and younger than 18 is 2 to 10 years’ imprisonment. Cameroon is party to the ICCPR and to the Convention on the Rights of the Child which prohibit the execution of individuals for crimes committed when under the age of 18."

Pregnant Women.

Under Section 22(3) of the Penal Code, a pregnant woman can be executed only after she has given birth to her child. Additionally, Cameroon is party to the ICCPR, which prohibits the execution of pregnant women."

Women With Small Children.

Cameroon is party to the African Charter on the Rights and Welfare of the Child, which prohibits the imposition of a death sentence on mothers of infants and young children.

Intellectually Disabled.

Article 44 of the Penal Code provides that a “mentally disabled” person sentenced to at least 2 years’ imprisonment may instead be confined in a mental health institution for a maximum of 5 years. The provision does not specify whether this alternative is available to death-sentenced persons.

Under section 371 of the Criminal Procedure Code, “if it appears to the court that the accused is of unsound mind, it shall, by an interlocutory decision, order an expert to produce a medical report and shall adjourn the hearing to a later date. […] If it is found that the accused is of unsound mind, the court shall order his confinement in a health institution and stay the proceedings. […].”

Mentally Ill.

Under Article 78 of the Penal Code, no criminal responsibility can attach to an accused who is affected by a mental illness which renders his acts involuntary or prevents him from discerning the reprehensible character of his actions. If the accused’s insanity is “not total”, the death penalty will be commuted to 2 to 10 years’ imprisonment.

Under section 371 of the Criminal Procedure Code, “if it appears to the court that the accused is of unsound mind, it shall, by an interlocutory decision, order an expert to produce a medical report and shall adjourn the hearing to a later date. […] If it is found that the accused is of unsound mind, the court shall order his confinement in a health institution and stay the proceedings. […].”

Comments.

No individual has been executed since 1997.

As of Feb. 28, 2012, we did not locate any significant recent cases on the death penalty.

Under Article 45, “duly approved or ratified treaties and international agreements shall, following their publication, override national laws, provided the other party implements the said treaty or agreement.” The Preamble (which under Article 65 is an integral part of the Constitution) states the people of Cameroon’s attachment to “the fundamental freedoms enshrined in the Universal Declaration of Human Rights, the Charter of the United Nations and The African Charter on Human and Peoples’ Rights, and all duly ratified international conventions relating thereto.”

This constitutional principle is explicitly integrated into criminal law, via art. 2(1) of the Penal Code, which provides that “the rules of international law and of duly ratified and published treaties are applicable to the present code and to any criminal provision.”

In its 2010 Concluding Observations regarding Cameroon’s compliance with the ICCPR, the Human Rights Committee recommended that Cameroon “consider abolishing the death penalty or at least formalizing the current de facto moratorium on the death penalty” and “accede to the Second Optional Protocol to the Covenant.” It also expressed concerns that “torture remains widespread in the State party” and that “confessions obtained under torture are still taken into consideration during court hearings, notwithstanding the explicit provision on the inadmissibility of confessions obtained under duress under the Criminal Procedure Code.” The Committee also noted long pretrial detention periods and “the high number of persons held in pretrial detention, accounting for 61 per cent of the total prison population.” The Committee also remained “concerned about the continuing problem of severe overcrowding and grossly inadequate conditions in prisons. In addition to concerns about inadequate hygiene and health conditions, inadequate rations and quality of food, and inadequate access to health care, the Committee [noted] that the rights of women to be separated from men, of minors to be separated from adults, and of persons in pretrial detention to be separated from convicts are often not guaranteed.” The Committee further recommended to Cameroon to take “appropriate measures to ensure and protect the independence and impartiality of the judiciary.”

In response to the recommendations of the Human Rights Council pursuant to its 2009 Universal Periodic Review of human rights, Cameroon supported recommendations that it “continue the ongoing efforts to ensure the conformity of detention conditions with international standards (Algeria); facilitate full access of international and local humanitarian organisations to prisons; and speed up judicial reforms, including the construction of new prisons (Germany).” Cameroon rejected the recommendation that it abolish the death penalty, “because of its dissuasive effect and public support for its retention.”

A new law dated April 14, 2009, reportedly establishes legal aid commissions for courts of first instance, high courts, military tribunals, courts of Appeal, and the Supreme Court. By the end of 2010, this new legislation had not been implemented.

Under Section 417 of the Criminal Procedure Code, if an accused being prosecuted for a felony punishable by death before the High Court has no counsel, the Presiding Judge “shall of his own motion assign one to him”. According to a lawyer’s 2007 report on state funded representation, “[although] the fee is comparatively trivial, many lawyers, especially younger lawyers or ‘new wigs’, have defended many desperate citizens in such cases. At times, these lawyers even wait in court for cases to be assigned to them once they are aware that a capital murder case is coming up.” Despite this commendable eagerness, “[remuneration] is quite low and discouraging for lawyers... Consequently, most of the lawyers involved in this approach... at times lack the requisite experience to handle serious offenses like capital murder.”

It is reported that the legal system is “fraught with many delays, such that it [was] not effective in assisting poor citizens to access justice.” Also, lawyers are scarce in Cameroon and almost all of them are based in urban areas.

We believe that death-sentenced prisoners have a right to appointed counsel on appeal. Although we have not identified a statutory provision that requires the appointment of counsel in the Court of Appeal, Section 490 of the Criminal Procedure Code provides for the appointment of counsel in capital cases before the Supreme Court: “where an appellant sentenced to […] death has not briefed counsel, the President of the Supreme Court shall of his own motion, assign one to him […].”

In 2007, a lawyer reported that the state-controlled legal-aid system was “fraught with many delays, such that it [was] not effective in assisting poor citizens to access justice.” Additionally, “[remuneration] is quite low and discouraging for lawyers. Many lawyers do not accept publicly funded legal aid files because of the meagre remuneration. Consequently, most of the lawyers involved in this approach are ‘new wigs’, who at times lack the requisite experience to handle serious offenses like capital murder.”

A 2010 U.N. report, citing non-governmental sources, states that it is difficult for lawyers to be heard during pre-trial investigations. Expedited trials take place in the absence of lawyers when people are arrested during public protests, although these crimes are not death-eligible.

Under Section 407 of the Criminal Procedure Code, the High Court is competent to try felonies. If the accused has been sentenced in absentia, he may file an application for the setting aside of the judgment, and the Court will try the matter de novo. Appeals are lodged before the Court of Appeal. Judgments delivered by the Courts of Appeal may in turn be appealed to the Supreme Court.

Once a judgment has become final, a convicted person may apply to the Supreme Court for a review of the criminal proceedings in limited circumstances. These circumstances involve the appearance of new evidence raising a doubt on the guilt of the death-sentenced person. There is no time limit to apply for such a review. If the Supreme Court finds the application admissible but not ready for hearing, the execution of the sentence is stayed.

A final death sentence is automatically the subject of a mercy petition with the President. Under Article 8 of the Constitution, the President has the right to exercise clemency, after consultation with the Higher Judicial Council.

According to the Cameroonian authorities, death sentences are systematically commuted to life imprisonment. In 2004, 2005, 2008 and 2010, presidential decrees were issued that commuted death sentences for capital crimes such as treason to life imprisonment, but these decrees explicitly excluded certain offenses from the clemency grant.

No, there is no jury system in Cameroonian criminal law.

Reports indicate that torture is still used. According to international NGOs that monitor the use of torture (such as FIACAT and FIDH), while the number of cases of physical torture has decreased, psychological torture has increased. According to law, the police may only use “reasonable force” on an arrested person; some reports indicate that police abuse the right, using arrest as an opportunity to torture suspects.

The judiciary is not independent and corruption and inefficiency are reported to be serious problems.

It has been noted that in practice, Cameroonian courts primarily apply domestic law without any reference to international norms.

At Bamenda Central Prison, death-sentenced prisoners are held in the pretrial detention facilities (possibly alongside pretrial detainees), and might be held in other prisons that lack devoted death row facilities.

While we did not find any prison reports concerning death-sentenced prisoners, numerous sources report harsh and life-threatening prison conditions in Cameroon.

Prisons are old and dilapidated, with leaking roofs, insufficient water and electricity, toilets and beds.

Overcrowding is extreme, reaching four to five times infrastructure capacity, in part due to the high proportion of pretrial detainees (over 60% of the total prison population, some of whom have been held for as long as nine years ). In some prisons, there is not enough space for prisoners to sleep lying down.

Food is insufficient, and in some cases prisoners are expected to be fed by their families. Health care is almost non-existent and sanitary conditions are abysmal. New Bell prison contains seven water taps for 2,813 prisoners, contributing to poor hygiene, illness, and death. Prisoners are reported to have died in Maroua prison because of the scorching heat, and in Ngaoundere prison a result of cholera.

Disturbances and escape attempts are frequent, and prisoners have been killed during such attempts. In March 2009, many prisoners were hurt when 10 inmates, including 2 from death row, escaped.

Prison guards are poorly trained, ill-equipped and their numbers inadequate for a large prison population. Corruption among prison personnel is widespread, with prisoners reporting that they must pay “cell fees” to guards to avoid abuse.

Children [are] held together with adults and, at times, men are held together with women.

The use of torture is reported to be widespread, and extreme punishments such as chaining, stripping, use of leg irons, confinement in tiny cells, flogging, and denial of access to food and to sanitation facilities are reported.

Guards and NGOs also report rapes between inmates.

As of February 2012, we did not find any reports of foreign nationals on death row in Cameroon.

As of February 2012, we did not find any reports of foreign nationals on death row in Cameroon.

In 2019, ECPM reported that at least 14 women were on death row.

As of February 2012, we did not find any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed.

Although we found no information regarding racial or ethnic disparities in the application of the death penalty, reports indicate that English-speakers in South Cameroon are discriminated against because they are interrogated by the police in French only and are sometimes forced to sign transcripts or documents in French.

Although the last known execution took place in 1997, making Cameroon an abolitionist de facto state, there are currently at least 77 death-sentenced prisoners and death sentences have been handed down as recently as 2010 and 2011.

Government representatives of Cameroon reported to the U.N. Human Rights Committee that its President “routinely” commutes any death sentence upon receiving a mercy petition. Clemency petitions are automatically filed after any final death sentence is imposed. Perhaps as a result of this statement of policy, the Human Rights Committee expressed its belief in its August 2010 report that the Cameroonian Government was considering establishing an official moratorium on executions.

In addition, the President issued blanket commutation decrees in 2004, 2005, 2008, 2010, and 2011, replacing death sentences with life imprisonment. However, the decrees excluded certain categories of offenses, and were not always efficiently implemented. It is not clear, for instance, how many death sentences were commuted by the presidential decree of May 2010, since article 4 excluded recidivist offenders and persons who had been sentenced for capital murder or aggravated theft, among others. Moreover, by the end of 2010, the presidential decree had not yet been fully implemented, and death row inmates had not been informed of the decree. On November 3, 2011, another presidential decree commuted the death sentences of certain prisoners, but excluded those convicted of murder or aggravated robbery, and did not specify how many persons benefitted from the commutation of sentence.

There appears to be no prospect of immediate abolition in Cameroon. During its 2009 Universal Periodic Review, Cameroon rejected the recommendation that it abolish the death penalty, “because of its dissuasive effect and public support for its retention.”

Droits et Paix
Me. Nestor Toko Monkam, President
Rue Lottin Same, Akwa
BP 7223 Douala, Cameroun
droitsetpaix@yahoo.fr.

Réseau des avocats camerounais contre la peine de mort [Network of Cameroonian Lawyers Against the Death Penalty] Me. Nestor Toko Monkam, President
Douala, Cameroun
droitsetpaix@yahoo.fr

ACAT Cameroun
Archibishop’s House, PO Box 82
Bamenda
Cameroon
acat_cameroon@yahoo.com

Ligue Camerounaise des Droits de l’Homme (LCDH)
geremy_tchinda@yahoo.fr
lcd_humains@yahoo.fr.

While laws and some subsidiary legislation are published in the Official Gazette of the Republic of Cameroon, there has never been a regular and solid case law reporter. Efforts to establish a reporter were sporadic and short-lived, and only a selection of cases from the 1960s, 70s and 90s have been published.

At the present time, some cases are reported as a result of private initiatives. Anglophone cases are published in the Cameroon Common Law Report by a private law firm, and francophone cases are published in the Juridis Périodique: Revue de droit et Science Politique, edited by the Association for the Promotion of Law in Africa (Association pour la Promotion du Droit en Afrique).

GeED et al., Cameroon, NGO report on the implementation of the ICCPR (Replies to the List of Issues CCPR/C/CMR/Q4), http://www2.ohchr.org/english/bodies/hrc/docs/ngos/GeED_Cameroon_HRC99.pdf, Jun. 2010.

Helen Namondo Linonge, The dynamics of prison administration and prison reform in Cameroon, p. 45, Cameroon Journal on Democracy and Human Rights, Vol. 4, No. 1, http://www.cjdhr.org/2010-06/Helen-Linonge.pdf, Jun. 2010.

Nchunu Justice Sama, Providing Legal Aid in Criminal Justice in Cameroon: the Role of Lawyers, in Penal Reform Intl. & Bluhm Legal Clinic of the Northwestern University School of Law, Access to Justice in Africa and Beyond, Making the Rule of Law a Reality, Penal Reform International, 2007.

Cameroon Journal on Democracy and Human Rights, http://www.cjdhr.org/.

None.