Guilty by Association

Summary

Methodology

I. Recommendations

To President Paul Biya and the Government of Cameroon

To the Parliament of Cameroon

To the Legal Department (Ministère Public)

To the Supreme Court

To the National Commission on Human Rights and Fundamental Freedoms

To the Special Rapporteur on Prison Conditions and Pre-Trial Detention at the African Commission on Human and People’s Rights, and to the UN Special Rapporteur on Torture

To the United Nations Human Rights Council

II. Background

A Homophobic Environment

A Victimless “Crime”

Inadequate Legal Framework for Handling Rape, Sexual Assault, and Offenses against Minors

Law Enforcement Structures and Criminal Procedure in Cameroon

Anti-Homosexuality Laws and International Law

III. Case Studies

Cases That Have Been Finalized

Case Study 1: Jonas K., Franky D., and Hilaire N.

Case Study 2: E.A. and F.M.

Case Study 3: Jean Jacques E., Stéphane M., and John V.

Cases with Pending Appeals Following Convictions

Case Study 4: Marc-Henri B. and Bruno E.

Case Study 5: Roger M.

Cases Pending Before Trial Court or Pending Appeals into Preliminary Matters

Case Study 6: L.I.

Case Study 7: Samuel A. and A.N.

Case Study 8: Esther B. and Martine A.

Case Study 9: Joseph O., Séraphin N., N.N., and E.L.

Case Study 10: E.F., G.M., L.N., and R.X.

Cases of Arrests and Summonses Not Resulting in Prosecutions

Corruption and Extortion Rackets

Law as Pretext for Suppressing Freedom of Association

IV. Torture and Ill-Treatment

Torture and Ill-Treatment by Gendarmes

Torture and Ill-Treatment by Police

Torture and Ill-Treatment by Intelligence Agents

Torture and Ill-Treatment by Prison Personnel

Anal Examinations

V. Other Common Due Process Violations

Extended Stays in Custody Before Being Charged

Denial of Access to Counsel

Denial of Contact with Family

Biased Law Enforcement and Judicial Officials

Use of Confessions

Corruption

VI. Beyond “Guilty or Not Guilty:”  Impacts of Cases on the Defendants

VII. Threats to Defense Lawyers

VIII. Conclusion

Acknowledgements

Appendix: Ministry of Justice Statistics on Homosexuality Arrests