Le régime juridique des étrangers au Cameroun

B) Procedures of expulsion124(*)

When the clandestine one is constrained to leave the Cameronian territory, the State makes him undergo illicit practices similar to the principle of « double sorrow » into force in France. This principle consists in condemning and imprisoning a foreigner for irregularity or any other made infringement ; generally, it is private of freedom without any inculpation. Before the end of its sorrow, the State expels it without same giving him the possibility of profiting from a legal adviser able to defend its rights. Very often, it is not allowed to him to turn over with its goods. On a purely illustrative basis, in 1988, eights to ten thousand Chadians having crossed the border illegally were expelled of Cameroun without their business^125(*). That constitutes illegal expulsions because the State deprived of their goods in violation of the international legal provisions and interns relating to the conditions of expulsion. Moreover, we realize that almost a decade afterwards, gives it hardly changed.

Indeed, in 1997, Cameroun had the firm intention to expel  twelve people originating in Equatorial Guinea stopped in September and at least two Chadian nationals apprehended in November. According to Amnesty International, these clandestine was likely to be victims of serious violations of their basic rights in the event of expulsion towards their respective countries. Until the end of the year, they were still held without inculpation^126(*). Such expulsions are illegal for two fundamental reasons^127(*). Initially, it is a question of the collective expulsions proscribed by the international law like by the law of 1997 relating to the conditions of entry, stay and exit from abroad in Cameroun. In the second place, by expelling a foreigner towards a territory where his life is in danger, the State makes a true violation of the humans right.

In a similar situation (see the N°159 Communication/96 of the Union interafricaine of the humans right, international Federation of the leagues of the humans right, African Meeting of the humans right, national Organization of the humans right to Senegal and Association Malian of the humans right against Angola)^128(*), the African Commission of the humans right and of the people made certain recommendations. It did not certainly intend to call into question the right available to any State to bring a judicial action counters irregular immigrants and to renew them in their countries of origin if the courts of jurisdiction decide some thus. It finds however inadmissible the fact of off-setting individuals collectively. As it recognized as such expulsions are illegal because they violate the rule of prohibition of collective expulsions from abroad. In addition, in Communication 71/92 (meets African for the defense of the humans right C/Zambia), the Commission specified that « collective expulsion constituted a special threat against the humans right "^129(*).

Much more, we make a point of specifying that the States, most of the time, fallaciously use the extradition^130(*) to legitimate the illegal expulsion from abroad whom they consider undesirable. On a purely illustrative basis, the French courts condemned them « disguised extraditions » of the Basque nationals towards Spain. Indeed, in the Business Teodoro Meabe Derteano, the government Commissioner proposed to cancel the decision of the French Minister for the Interior, to expel the applicant towards Spain with the reason which this decision violated article 27 (2) ordinance of November 02, 1945^131(*) bus the applicant was expelled towards a country where it risked for his physical integrity and where its freedom was threatened^132(*).

The traditional foreigners, namely the regular ones and the clandestine ones, thus remain beings which marginalized on the whole of the own territory. However, the situation from other abroad with exceptional statute is more complex.

* ¹²⁴ We will study the procedures in the broad sense by considering expulsion i.e. repression, taken back at the border, the extradition and expulsion itself.

* ¹²⁵ Revue Laltchad presses, COp Cit.

* ¹²⁶ Amnesty International, COp Cit, p. 121-125.

* ¹²⁷ No one was not informed of the continuation of the events. Also, by basing us on the marked intentions of Cameroun to expel them, we will try to raise of them the legal consequences if the State would have put this project at execution.

* ¹²⁸ Institute for the human rights and the development, Compilations of the decisions on the communications of the African Commission of the humans right and of the people  : extract of the reports/ratios of activités1994-2001, Dakar, Saint-Paul Printing works, 2002, pp.11-15.

* ¹²⁹ Ibid, pp. 387-391.

* ¹³⁰ Cf definition of the extradition notes 54 of them.

* ¹³¹ This article provides in particular that a foreigner «  cannot be distant bound for a country if it establishes that its freedom y (is) threatened  ».

* ¹³² Quarterly review of the humans right, the police force from abroad and the European Convention of the humans right, 10th year, N° 37, January 1, 1999, Brussels, Bruylant, 1999, pp.178-179.