THE PROCEDURE OF TERRORISM ACTS IN CAMEROON: AN ANALYSIS OF THE CAMEROONIAN LAW ON THE FIGHT AGAINST TERRORISM
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Abstract
If there is more criminogenic behavior in the world, it is terrorism. The weight of the cruelty it entails is measured not only by the large number of its victims but also, and above all, by the multiplicity of fundamental rights and freedoms it violates. Previously, it was the prerogative of American, European and Islamic countries. But for a few decades, it has been present in Africa and particularly in Cameroon. Indeed, Cameroon, which was recognized a few years ago for its legendary peace, knows more and more the throes of this crime through the Islamic sect " Boko haram ".
In 2014, Cameroon adopted Act N°. 2014/028 of 23 December 2014 on the suppression of acts of terrorism. This law thus solved two problems. On the one hand, it filled a legal vacuum in Cameroonian legislation that until that date did not have a law on the matter. On the other hand, this law was a testimony of Cameroon's respect for international commitments alongside other states in the fight against terrorismi.
In addition to listing the acts that it describes as terrorist; the Act also provides details on the procedure to be followed in the event of a terrorist offence. This procedure differs from ordinary law. Without dwelling on the characterization of acts as terrorist, it is difficult to avoid questioning the procedural contribution of this law, which has implications for fundamental rights and freedoms. This question calls for a decision on the aspects of the terrorism procedure and their impact on fundamental rights and freedoms.
The evocation of repression always covers risks of infringement of individual freedoms and rights. It is therefore up to any state governed by the rule of law to organize criminal proceedings around the protection of these rights. It is in this sense that Cameroon has enshrined the fundamental principles governing the criminal trialii, the consolidation of which can be put to the test in crisis legislation such as that of terrorismiii.
In order to tie in to the criminal phenomenon in order to better combat it, we observe in the Cameroonian law of 2014 procedural differences compared to the common law of Criminal Procedure. These differences are reflected in particularities not only before the trial (I) but also during the trial (II) of a terrorism offence.
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