Ernest Sumelong
7 March 2008
Lawyers have frowned at the sentencing of hundreds of youths in Douala and Yaounde without fair trial following indiscriminate arrests during nationwide demonstrations recently.
The lawyers cried foul after hundreds of youths were sentenced to two years or more jail terms in unclear swift trials. On Friday, February 29, some 400 youths were sentenced in Yaounde, while The Post learned that others were jailed on Monday, March 3, in Douala.
Following the spate of imprisonments and other scheduled trials in many parts of the country, the Cameroon Bar Council met on March 3 in Yaounde and urged lawyers to mobilise so that the rights of the suspects are upheld. They also agreed to appeal the cases of those who have been jailed in connection with the strike action.
The Bar Council Representative for the Southwest, Innocent Bonu, told The Post that they want to ensure that the suspects are given a fair trial."We realised that in the trials of the other youths, the courts were not well constituted and they did not have the right to a defence counsel.
The defence, according to the new criminal procedure code, has three days to prepare his case but this was not the case with the other trials. The Bar Council is urging all lawyers to go out and defend the suspects. Although the Bar Council does not endorse violence and destruction, we feel that any accused person deserves a right to a fair trial."
In the Buea Court of First Instance, a college of lawyers led by Barrister Eta Besong Junior frustrated what many described as a precipitated trial of riot suspects brought before the court on Monday, March 3. The youths had been charged jointly following their arrests during the strike action, The Post learned.
Prior to Monday's abortive trial, the State Counsel for Buea, Alfred Suh, asked the youths that were brought to court to go to separate courts so that they could be tried. But Eta Besong, leading the defence counsel, objected the move, insisting that they be tried in the same court since they were charged for the same crime, same purpose and same area.
The defence counsel and the State Counsel were thus engaged in a war of words, with Eta Besong emphasising that Cameroon is a State of law and the laws must be respected. Seemingly frustrated by the stance of the defence counsel, the State Counsel asked police officers to take away the youths and keep them in custody.
Among the detainees was former University of Buea Student Union President, David Abbia, who revealed to The Post that he was only victimised.The objection by the defence counsel reportedly forced the Bench to reconsider and modify the nature of the charges.
In a hearing on Tuesday, March 4, the suspects were charged and tried separately with the defence counsel putting up a spirited fight. Even though lawyers admitted that in cases of flagrante delicto the trials have to be speedy, most of them picked faults with the way the others had been conducted. After Tuesday's trial, others continued on Wednesday, while others have been adjourned to Monday, March 10.
On his part, the presiding Judge assured the defence counsel that justice would be done to the suspects. But observers believe that the trials had a political undertone and the executive has muffled the judiciary leaving it no chance than to comply with instructions from the administration.
In Kumba, the trial of over 30 youths also arrested in connection with the strike started on Tuesday, March 4. Most of the suspects are reportedly standing trial without any counsel. When one of the suits came up, two benevolent lawyers, Patrick Enu Atem- Anya and Eddy Etape Mesumbe, reportedly entered appearances for the defendants.
On his part, the Southwest Regional Secretary of the National Commission on Human Rights and Freedom, Christopher Tambe Tiku, described the trials as melodramatic. He said he was informed that most of the suspects were taken from their houses and probably would have been innocent.
He expressed hope that the lawyers would put a formidable fight to ensure that justice is done and uphold the right of the suspects. He, however, expressed fears that the fate of the suspects might have been decided even before the trial and the struggle of the lawyers might be futile.
Police sources say close to 50 youths were arrested in Buea, with many of them either buying their freedom or released by certain officials.For now, the fate of scores of youths arrested indiscriminately during the recent nationwide strike action hangs in the balance pending hearing in Buea and other parts of the country.
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