Financial Crime World

Cameroon’s Extradition Laws: A Look at the Country’s International Cooperation

In a move to strengthen international cooperation, Cameroon has established a robust extradition system governed by Article 646 ff of its Criminal Procedure Code (CPC). This article provides an overview of Cameroon’s extradition laws and how they facilitate mutual legal assistance with other countries.

Minimum Penalty Requirement

To qualify for extradition, the requesting state must demonstrate that the individual in question has committed an offense punishable by a minimum sentence of not less than two years. This high threshold means that few Convention offenses would meet this requirement outside of Cameroon.

Grounds for Refusal

Cameroon’s extradition procedure is governed by Article 649 CPC, which outlines the grounds for refusal. These include situations where:

  • The request is based on political, religious, or racial reasons.
  • It could prejudice the rights of the defense.

No Extradition for Cameroonian Citizens

Cameroon applies the principle of international law known as “aut dedere aut judicare,” which allows for the prosecution of individuals in lieu of extradition. However, this only applies to foreigners and not Cameroonian citizens.

Cameroon has concluded bilateral treaties with three countries (Mali, Democratic Republic of the Congo, and France) and four multilateral agreements to facilitate mutual legal assistance (MLA). In the absence of a treaty, MLA requests are fulfilled under the principle of reciprocity. The country’s MLA provisions are directly applicable by virtue of Article 45 of its Constitution.

Confidentiality

Cameroon can provide for the confidentiality of information in accordance with international principles and the Convention. The Bank Secrecy Act does not establish bank secrecy as a ground for refusal to render MLA, and it cannot be invoked against judicial authorities.

Transfer of Persons

The transfer of individuals detained or serving sentence for testimony and safe conduct is possible under direct application of the Convention. Cameroon legislation permits the hearing of individuals by video conference.

Central Authority

The Ministry of Justice serves as the central authority responsible for receiving requests for MLA and executing them, either directly or forwarding them to competent authorities. The Ministry of Foreign Affairs is also involved in receiving and sending MLA requests.

Conclusion

In summary, Cameroon’s extradition laws aim to strengthen international cooperation while ensuring the protection of its citizens’ rights. The country’s MLA provisions are designed to facilitate mutual legal assistance with other countries, and its central authority is tasked with receiving and executing MLA requests.