CAMEROON AND ITS STATE OF TORTURE ESPECIALLY ON LGBTIQ+ PERSONS

WHAT IS TORTURE?

Torture is the deliberate infliction of severe pain or suffering on a person. To be considered torture, the treatment must be inflicted for a specific purpose, such as forcing the victim to confess, provide information, or punish them. Reasons for torture can include punishment, revenge, extortion, persuasion, political re-education, deterrence, coercion of the victim or a third party, interrogation to extract information or a confession irrespective of whether it is false, or simply the sadistic gratification of those carrying out or observing the torture. Alternatively, some forms of torture are designed to inflict psychological pain or leave as little physical injury or evidence as possible while achieving the same psychological devastation. The torturer may or may not kill or injure the victim, but torture may result in a deliberate death and serves as a form of capital punishment. Depending on the aim, even a form of torture that is intentionally fatal may be prolonged to allow the victim to suffer as long as possible (such as half-hanging). In other cases, the torturer may be indifferent to the condition of the victim.

WHAT DOES INTERNATIONAL LAW SAY ABOUT TORTURE?

Although torture is sanctioned by some states, it is prohibited under international law and the domestic laws of most countries. Although widely illegal and reviled, there is an ongoing debate as to what exactly is and is not legally defined as torture. It is a serious violation of human rights and is declared to be unacceptable by Article 5 of the UN Universal Declaration of Human Rights. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Article 5 states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Signatories of the Geneva Conventions of 1949 and the Additional Protocols I and II of 8 June 1977 officially agree not to torture captured persons in armed conflicts, whether international or internal. Torture is also prohibited for the signatories of the United Nations Convention Against Torture, which has 163 state parties. The prohibition of torture is a peremptory norm in public international law—meaning that it is forbidden under all circumstances." Since that time, a number of other international treaties have been adopted to prevent the use of torture. The most notable treaties relating to torture are the United Nations Convention Against Torture and the Geneva Conventions of 1949 and their Additional Protocols I and II of 8 June 1977.

DOMESTIC LAW AND TORTURE IN CAMEROON

Cameroon acceded, on 19 December 1986, to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Convention”) adopted by the General Assembly of the United Nations on 10 December 1984. The Convention entered into force for Cameroon on 26 June 1987.

Law No. 97/9 of 10 January 1997, provides severe punishment for the use of torture by government officials. If the torture results in unintentional death, the punishment is imprisonment for life; if it causes illness or incapacity to work for a period above 30 days, the punishment is 10–20 years imprisonment; if it causes illness or incapacity to work for a period below 30 days, it is 2–5 years imprisonment and a fine of 50,000F CFA to 200,000F CFA.

Cameroon is a party to the International Covenant on Civil and Political Rights and the Convention against Torture, both of which prohibit torture and other ill-treatment. Prolonged incommunicado detention is a form of cruel, inhuman, and degrading treatment or punishment. Under international law, torture is a crime subject to universal jurisdiction, meaning that any country may prosecute it irrespective of where the crime took place or the nationality of the abuser or victim.

TORTURE ON LGBTIQ+ PERSONS IN CAMEROON

Torture, cruel, inhuman, and degrading treatment in Cameroon against LGBT people, or otherwise people perceived to not conform to accepted gender norms, is fueled by a myriad of factors: the criminalization of same-sex sexual acts between consenting adults, the lack of a legal framework protecting the rights of people without discrimination, on the basis of sexual orientation and gender identity, and a generalized context of violence and discrimination against LGBT people in Cameroon, which in turn is also driven by statements by religious leaders, public officials and the media which publicly express their rejection to “homosexuality,” and associate same-sex sexual behaviors with Satanism. Generalized discrimination and marginalization of LGBT people are deeply ingrained in Cameroonian society.

Imagine being subjected to a forced anal examination against your will. You are forcefully taken to hospital by a police officer, made to undress, and then suffer the shame and indignity of having your *anus* scrutinized for signs of sexual activity. This cruel and degrading practice is considered an act of torture under the UN Convention Against Torture, yet several countries still use it as a way of establishing “proof” of same-sex sexual relations especially in Cameroon.

CRIMINALISATION OF SAME-SEX SEXUAL RELATIONS

Same-sex sexual relations are illegal in Cameroon and can result in a five-year prison sentence if found guilty. It’s no coincidence that HIV prevalence in the population of men who have sex with men stands at around 37%, compared with 3.6% in the general population (aged 15-49). Criminalization only serves to fuel stigma and discrimination and drive people most at risk away from crucial health services. When people are said to be gay, they are cruelly beaten by the population to death it is however worth noting that LGBTIQ+ persons in Cameroon are subject to torture in police cells and various prisons nationwide. Thanks to the European Union's plan against torture and the intervention of human rights organizations that some of these victims are protected while in jail.

A HOSTILE ENVIRONMENT

LGBTIQ+ people face extreme discrimination on a daily basis. The LGBT community in Cameroon doesn’t have the right to live their lives, they have to live in secret. They happen to find themselves in an environment where the mentality is still a little backward when it comes to aspects of sexuality. LGBT people are rarely accepted so when a family discovers that their child is gay for example, either they reject them, or they take them to the church to try and rid them of an evil spirit.

According to ******** “When people discover that you’re LGBT, you have to endure insults and discrimination in the street, at the market, and at school, it’s even worse because of the stigma and discrimination from fellow classmates so sometimes you can’t even go to school to continue your studies. The environment here is hostile towards LGBT people, so many men who have sex with men are forced to marry a woman, and many lesbian women are forced to marry a man. Our culture imposes this on them, otherwise, they would be considered as a demon.”

TORTURE AND POLICE BRUTALITY ON CIVILIANS

Police brutality and torture are gradually becoming a norm in Cameroon. In September a video surfaced online of police torturing some young men with Machete https://fb.watch/8Px2UJ-qr2/ https://www.facebook.com/MimiMefoInfo/videos/302951451292671/

It however doesn’t end there they go as far as illegally searching phones https://fb.watch/8Pxg4B3Kd6/

In September, a video surfaced online with Controversial soldier and Chief of Bwassa village in the South West Region, Ikome John akaMoja Moja says the wife and kids of Separatist 'General', No Pity are in his custody. He made the claims in a video making rounds of social media."No Pity these are your wife and kids. I won't hurt them but I have taken them...," Moja Moja declares as attempts to seize a lady and her two kids. Administrative and traditional authorities have often turned a blind eye to the Chief's antics, including his multiple xenophobic remarks about those from the North West Region. Source (MIMI MEFO INFO)

https://fb.watch/8Py58VF-8X/

On October 13th, 2021 Barrister Tamfuh Richard made a post on Facebook after a video surfaced online of a military officer harassing a pregnant woman. This is what he had to say

“I have been reliably informed that the pregnant woman seen in the video below being harassed by a certain soldier who claims to work for the Cameroonian Army and Chief of Bwassa village alias Moja Moja is presently being detained and in custody at the BUEA Central Prison for which offense, I don’t know.

NB: NOBODY IS ABOVE THE LAW AND CRIMINAL RESPONSIBILITY IS PERSONAL. A certain “No pity” will not commit his crimes if any and you want to impute it on his wife and child. It doesn’t work like that. I will in the days ahead file a criminal complaint against Mr. EWOME EKO John alias Moja Moja and invite other Human Rights Advocates to join me in seeking justice for the presumed innocent pregnant woman in the video. Stay tuned… Barrister TAMFU Richard Human Rights Advocate and Peace Crusader. Member of Cameroon and Nigerian Bar Association” https://www.facebook.com/hamlet.nkwain/posts/3078360662419908

On October 19th he made another post captioned “lets meet in court” https://www.facebook.com/hamlet.nkwain/posts/3078360662419908

After the team of lawyers brought the matter to the state prosecutor, this is what NKWAIN Hamlet, Executive director of Working For Our Wellbeing Cameroon an organization that advocates for the rights of sexual and gender minorities and victims of torture had to say through his Facebook page https://www.facebook.com/hamlet.nkwain/posts/3078360662419908

“Our team will closely monitor the flow of this complain table by Barrister Tamfu since as it concern an act of torture while hoping that the military state prosecutor will open an investigation that will lead to the smooth running of the case at the level of the court to sanction the perpetrators of this act.

As I do really hope it will be the case as this will be the only way to give comfort to the victims of these acts of torture based in the South West region in Buea.”

A Publication of WFW Cameroon