Le régime juridique des étrangers au Cameroun

2) Attacks related to the behavior of the politico-administrative authorities

The results of investigation enable us to study the violations undergone by the foreigners according to whether they are recurring or specific.

The recurring violations consist of attacks very often repeated. We make a point of specifying that the nationals also suffer from it. They are torture and other treatments inhuman or degrading of the human person, however repressed by articles 5 from the DUDH, 7 of the PIDCP and 5 of the African Charter of the humans right and of the people. Indeed, 26% from questioned regular abroad complain about the violation of these intangible rights. On a purely illustrative basis, we will consider the case of the foreign prisoners bus everywhere in the world, the latter have particular difficulties because of the factors such as the difference of language and culture. Also the imprisonment in a foreign medium poses it additional problems. We observe an increased alienation and an insulation since the foreign prisoners have difficulties in maintain the contact with their family and the visits are very rare or non-existent^109(*). The prison authorities should not thus benefit from this situation to multiply abuses on the held expatriates because, like says it HEINKE J^110(*), « the protection of the humans right does not stop with the walls of the prison ». However, Amnesty International^111(*) reveals that the individuals, among whom many foreigners, prisoners and held in the stations of gendarmerie, the police stations and the prisons, undergo torture, the treatments inhuman and the degrading treatments. Indeed, it arises that the conditions of detention are characterized by a rate of raised overpopulation, an insufficiency and even an absence of health facilities and medical care. All that, added to the maltreatments that the prison authorities inflict to the prisoners, fits in the field of torture^112(*). This attitude of the prison authorities is ascribable in the State in accordance with article 5 of the project TDCI. ANZILOTTI D^113(*) said, moreover, that the illicit act from the point of view of the international law is not the positive action of the individuals, but rather the omission of the State to prohibit these ill treatments or to take measures necessary to prevent them.

As regards the specific violations, they consist of attacks which occur occasionally. The foreigners just like the nationals, suffer from the first case. 30% of the questioned expatriates complain, indeed, of violations of the other civil laws ; they are more precisely the abuses the police force which consists of arbitrary restrictions on internal freedom of movement. However, if the principle of freedom of going and of coming inside the own territory is matched limits, those must be envisaged by the law. In December 2003, the general Delegate with national safety recognized besides officially that « one could not evaluate the number of quasi systematic rackets from abroad »^114(*). Two years after these consents, the world report/ratio 2005 of Transparency International on the corruption gives forward the misdeeds of the Cameronian police force. For what of the second case, only the foreigners have such problems. 15% of them affirm that the national authorities, very conscious of discriminations whose they are the object, subject them to another form exploitation. Indeed, to the approach of the presidential elections, of many personalities resulting from the party to the capacity national charts of identity distribute fraudulently to non-national, for purposes to enlarge the number of militants. The majority of the victims of these political chicaneries are the Chadians^115(*). It thus acts, strictly speaking of the instrumentalisation from abroad by Cameroun. Moreover, Monday April 18, 2005, it « service of émi-immigration » of the general Delegation to national safety (DGSN) the increase in the cost of the chart of resident and stay announced suddenly. It passed from sixty thousand to six hundred and thousand^116(*) francs CFA. Questioned within the framework of our investigations, about many immigrants complained about the excessivity of its cost. They thus decided, to protest against the State, not to regularize their situation more.

Thus they remain from now on clandestinely on the own territory.

* ¹⁰⁹ legal Council of Europe-businesses, foreign Prisoners  : Recommendation n° R (84) 12 adopted by the committee of the Ministers for the Council of Europe on 21 June 1984 and exposed reasons, Strasbourg, the Council of Europe, 1984, p. 14.

* ¹¹⁰ HEINKE (J.), «  Humans right and penal sanctions  », IN quarterly Review of the humans right (RTDH), 1994, p. 173.

* ¹¹¹ International Amnesty, Report/ratio 98, London, French-speaking Editions of international Amnesty (EFAI), 1998, p. 121-125.

* ¹¹² Gives hardly changed since the report/ratio of Amnesty International bus in February 2005, RFI gave information on the rebellions of the prisoners to Cameroun. The latter wanted to draw the attention of the national and international public opinion to the problems which they have with the daily newspaper.

* ¹¹³ ANZILOTTI (D.), «  The international responsibility for the States at a rate of the damage suffered per the foreigners  », IN  General review of public international law, TomeXII, N° 1 and 3, 1906.

* ¹¹⁴ Report/ratio 2003 of the representation of International Transparency in Cameroun, IN national Press review Cameroon Platform, December 26, 2003.

* ¹¹⁵ Chadian press review    Laltchad Presses, COp Cit.

* ¹¹⁶ RFI, Monday April 18, 2005. ( www.rfi.fr).