THE RIGHT TO FAIR TRIAL AS GUARANTEED UNDER THE CAMEROON CRIMINAL LAW SYSTEM: A CRITICAL APPRAISAL OF THE CAMEROON CRIMINAL PROCEDURE CODE

Abstract

The right to fair trial is a fundamental safeguard in ensuring that individuals are protected from aspect of unlawful or arbitrary deprivation of their human rights and freedoms, especially the right to those pertaining to liberty and security of person. It relates to the administration of justice in both civil and criminal proceedings. The administration of justice entails two aspects: the institutional, which comprises an independent and impartial court or tribunal; and procedural, which focuses on a fair and public hearing. This right is an aspect of international recognition of human right which is designed in protecting individuals from unlawful or arbitrary deprivation of his or her basic right of freedom. This right has been enshrined and laid down in relevant legal dispositions like that of article 14 of the International Covenant on Civil and Political Right 1966 which provides that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”. Cameroon on its part has contributed immeasurably in ensuring that this right as stipulated in international documents as to fair trial, acknowledged in their local laws and legislation especially in the country constitution being the most important law of the land, and its Criminal Procedure Code ensuring the safeguard of this fundamental human right protection. Even though with the establishment of relevant criminal dispositions and laws, these laws, for a long period, have become obscure and obsolete in its applicability in respect of the guaranteed that parties are being giving as to the safeguard and respect of this right of fair trail, be it at the pre-trial, trial and even post trial phase of the Criminal Procedure Code. The objective of this paper is in entertaining whether the Cameroon Criminal Procedure Code has really ensured in its relevant provisions that right as to fair trial stipulated in international dispositions are enforced to the latter. Have parties involved in the trial process enjoyed this fundamental protection offered by acceptable and recognised human right instruments in which Cameroon is a party in respect of the right of fair trial? What has the Cameroon Criminal Procedure Code done in ensuring that this right as to fair trial is guaranteed in its optimum since we continue in experiencing violations of this right from every stage of the criminal trial.