Overview of Legal Facillitation Session in Buea Prison 15th January 2009
- Opening Prayer by Mr Fuh Sam
- Overview of Session by Cliona, Welcome and Greeting to all participants[1]
- Attendance Listing of Detainees[2] by Cliona
Deputy State Counsel Collins identifies that the problem cannot come on one person. It is an institutional problem. Deputy State Counsel then apologises for his part in the problem.
Deputy State Counsel Collins then addresses the cases of each Detainee in attendance.
1) Jamassang Rosvelt, remanded for theft of iron rods. No court appearances to date. Remanded since 19/09/2008. Promised a court appearance/date in the next week. Claims is being held for the crimes of someone else, but doesn’t know the location of those that committed the crime.
2) Bafung Raphael, remanded on 6/10/2009 for theft. Deputy State Counsel Collins could not locate his file. Promised to secure a court date in next two weeks.
3) Fuh Gideon Nong, remanded on 30/07/08, for aggravated theft and rape. Given date in high court – 18th February
4) Mbewani Stanley, remanded on 20/08/08 for the offense of theft. No court appearances to date. Given date of 18th February for court appearances, later changed to January 21st. Deputy State Counsel Collins advised him to plead guilty to shorten his sentence term. Mbewani pleads that he did not break into house, that the house was opened. Also states that he did not possess a weapon. Deputy State Counsel advises detainees generally to inform family of court dates so bail can be given. Also recommends pleading guilty if offense was committed, to reduce sentence time already served in sentence.
5) Ndoku Bernard, remanded on 20/02/09. Pick-pocketed, theft (mobile phone). Already previously released on bail. Missed court date, though. Ndoku claims he was in hospital. Hospital asked for bribe in return for proof of stay. Court date set for the 22nd January. Deputy State Counsel Collins recomends Bernard defends his case. 2nd offense so they will look kindly on his case.
6) Michael Sunday Novem, remanded on 16/09/08, aggravated theft. Given date of 18th February, later revised to the 21st January, High Court.
7) Ngah Hondore Nga, remanded 13/05/08. Alleged rape, August 2006. Released on bail, committed theft of jewellry. Case scheduled for Court of First Instance, of which there is no examining magistrate. Promised court date, in two weeks maximum by Deputy State Counsel Collins. Claims that he was arrested for non-possession of ID card, and then accussed of attacking a woman. Pleaded for a new investigation into his case.
8) Paul Tachi Tambuh, remanded 27/08/09. Theft mobile phone. Granted bail, did not attend court date. Tambuh states that he was never released on bail, and missed court date – due to not being brought to court from prison. Court date given, 16th February.
9) Wainfre Cho Unas, remanded on 11/01/08. Theft of four sheets of zinc. Not given court date, but told it was scheduled in Court 1. Given bail but no one ever came to pick him up. Deputty State Counsel Collins advises him to plead guilty so that time served is the sentence but, if he has proof that he is innocent to bring it to court. Advises that if he pleads guilty the process will be shortened for him.
10) Sona Paul Mukete, remanded 31/01/07, alleged theft. Claims he is detained under incorrect identity. Claims his real name is Simon Emmanuel. Claims he has been in prison since 2000, detained for separate offense committed by himself, Simon Emmanuel. Demands for his real documents and identity to be recognised. Deputy State Counsel requests a month to review his difficult case. No point in setting court dates, without securing real identity.
11) Agbor Collins[3] (minor). Remanded by Limbe State Counsel 26/07/06 – transferred through committal order to Buea High Court. Alledged that he was shot twice in detention by the Commissionaire Divisionaire in Limbe. Alledged Aggravated theft – claims was arrested through association. Recommends Collins’ uncle visit his office to start investigation into the alledged torture endured in police detention in Limbe.
12) Fouto Alexander (minor). Alleged Theft Remanded 08/03/07 by Limbe State Counsel, transferred through Committal Order to Buea High Court.
13) Agbor Lewis (minor). Theft, remanded on the 10/11/08 by Limbe State Counsel, transferred through Committal Order to Buea High Court
14) Ketcha Kelvin (minor). Theft, remanded on the 11/9/08 by Limbe State Counsel, transferred through Committal Order to Buea High Court.
15) Nyamboli (minor) – remanded on the 30/12/2009. Student, arrested for petty theft.
Presentation of Petitions on behalf of Prisoners’ and Detainees’ by Cell President Chum Eric
- Highlights that inmates are detained pre-trail for too lengthy periods
- Draws attention to the reality of many inmates missing court dates, as no warden will accompany them, or production orders are not sent to the prison
- Many imates remanded by Tiko, Limbe and Muniyaka are rarely in a position to reach their court appearances
- Too much congestion in cells
- Juveniles exposed to inappropriate conditions and enviroment.
- Barrister Njilla Presentation on Prisoners’ and Detainees’ Legal Rights
- Followed by Question and Answer Session between Barrister Njilla and Detainees’ and Prisoners’
Detainees’ and Prisoners Exit – Short Interval
Second Part of Session – Interactive Discussion on Issues in Buea Central Prison
- Opened by Clíona
- Limbe identified as an issue – bad record keeping/files missing
- Importance of highlighting issues of wardens
- Book-keeping generally/Training and Writing and Recording Skills – Records Office, Registrars – causes delays in cases
- Mission Orders not been paid to wardens, preventing them from accompanying detainees’ and prisoners’ to Court – transport also an issue.
- Policy issue as many in the Penetentiary Administration insist on money for any services rendered.
- More cells/wards needed.
- Greater interaction between Courts, Prison, and State Counsel – present all actors with recommendations
- Computerisation of Records Office
- Training of Penetentiary staff – lack of human rights based training
- Need for more pro-bono lawyers, to provide legal assistance to detainees’ and prisoners’
- Weekly meetings suggested between SC and Prison Superindent, to help facillitate greater cooperation between all the relevant actors involved in detainees’ and prisoners situations
- Deputy State Counsel suggests same pressure should be put on other State Counsels. Ie. Limbe…
Remarks sheets[4] collected.
Session ended, following expressions of gratitude and appreciation for all involved.
Appendix One
Schedule
9.00am: Opening Prayer
Introduction of GCI
Overview of Session
9.05am: Overview of Each Prisoners’ Case, by Deputy State Counsel Buea
9.30am: Opportunity for Prisoners’ to direct questions for the attention of Deputy State Counsel Collins
9.55am: Overview of Prisoners rights by Barrister Njilla
10.20am: Opportunity for Prisoners to direct questions for the attention of Barrister Njilla
11.00am: Short Interval as Prisoners leave
11.10am: Interactive Discussion on identification of specific areas on which civil society can focus, in an effort to aid prisoners access to justice.
12.45pm: End of Session
[1] Appendix Two – Attendance List
[2] Appendix Three – List of Detainee Participants
[3] Appendix Four – Statement of Agbor Collins
[4] Appendix Five – Collated Remarks Sheets