Legal Department investigates police investigator for undue demand

The Department of Public Prosecution in Kumba has opened investigations into allegations by Global Conscience Initiative that a senior police investigator unduly demanded and collected FCFA20.000 from a 61-year old woman before releasing her on the bail. GCI informed the Senior State Prosecutor in an April 4 letter that the officer demanded and collected the bail after detaining her for about eight hours without food and or water. GCI also reported that the officer issued no receipts for the money that he reportedly described as bail fee and said he was acting on instructions from his commissioner.

The GCI petition is inspired by Section 135(2) of the new Criminal Procedure Code (CPC) that provides for persons with knowledge of any offenses to bring them to the attention of the Senior State Prosecutor either as information or a complaint. GCI's CEO Samba Churchill, who intervened in the matter at the police station, made a statement, which was attached to the petition, in support of the allegation against the police investigator.

The petition is grounded on Sections 137 and 142 of the Cameroon Penal Code on indulgence and Undue demands respectively punishable with imprisonment.

GCI, citing Section 218(1) of the CPC, maintains in the petition that “remand in custody (is) an exceptional measure …” and that “a person with a known place of abode shall not be remanded in custody except in the case of a felony”, and that the woman who has lived all her live in Kumba, and has a permanent and known place of abode with grown up children, was denied this privilege.

The GCI petition also cited Section 232(1) of the CPC that “where a person granted bail is required to deposit a security, it shall guarantee (a) his (her) appearance before any competent judicial authority, and (b) where necessary, the reimbursement of cost in cured by the civil party, the compensation for damages caused by the offense and the payment of fines and cost”; and further, Section 232 (2), that “the security deposited shall be reimbursed in the event of appearance, a no case ruling, withdrawal or at the end of judicial supervision”, and that the old woman received no receipt of the matter upon payment of the requested FCFA 20.000

Bail is such a disturbing issue in Kumba that GCI has addressed in many forums. Police and gendarmerie demands of huge sums of unreceipted money in the name of bails is one issue GCI addressed vehemently with the former Senior State Prosecutor of Kumba until his transfer out of the division. The situation seemed to have calmed down with the transfer to Kumba of the incumbent Senior State counsel, and the cells became less crowded. However, the situation seems to be deteriorating once again as police and gendarmes are reported to be continually demanding the unreceipted fees and therefore detaining persons who can not afford the fees for longer period in their cells.

GCI regrets that many persons, disturbed by the unhealthy and life threatening conditions of these cells succumb and pay the money. GCI hopes by the present action to put a halt to the abusive practice in Kumba.

Global Conscience is a Kumba-based membership peacebuilding non-profit organisation through the promotion and protection of human rights, democracy and the rule of law.