1. Is Cameroon a Police State? All About the Use of Administrative Custody
- Author:
- Steve Tametong
- Publication Date:
- 07-2021
- Content Type:
- Working Paper
- Institution:
- The Nkafu Policy Institute
- Abstract:
- The wind of liberal democracy will not have swept away all the vestiges of the police state long maintained in Cameroon under the cover of Ordinance No. 62/OF/18 of March 12, 1962 on the repression of subversion. Indeed, this legislation had made impossible any democratic political life and had emptied of its substance the enjoyment and exercise of fundamental rights and freedoms guaranteed by the Constitution. Today, administrative custody seems to be one of the vestiges that has survived the passage of time. A unilateral prerogative of arbitrary deprivation of freedoms formerly held by the administrative authorities, administrative custody was formally instituted by law n°90/054 of 19 December 1990 on the maintenance of public order. In application of this law, and under the pretext – justified or false – of maintaining public order, the administrative authorities can request persons and property in the legal forms, request the forces of order, control the movement of goods and persons, but above all “take measures of police custody for a period of 15 days, renewable, within the framework of the fight against organized crime. This deprivation of liberty ordered by the administrative authorities is commonly referred to as “administrative custody”, which distinguishes it from judicial custody ordered in the context of criminal proceedings. At a time when most democratic systems are implementing a legal and institutional framework favorable to the rule of law and the development of fundamental rights and freedoms, it is not without interest to question the appropriateness of maintaining administrative custody in Cameroonian positive law, especially in normal times. Before mobilizing the arguments in favor of abolishing it (I), it is appropriate to first dwell on the difficulties it poses in the Cameroonian context (II).
- Topic:
- Democracy, Liberalism, Police State, Illiberal Democracy, and Administration
- Political Geography:
- Africa and Cameroon