Related Rule
Cameroon
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Cameroon’s Instructor’s Manual (2006) states with reference to Article 88 of the 1977 Additional Protocol I that “according to the notion of mutual assistance … the parties … shall accord assistance to one another and collaborate in the pursuit of persons who have violated the law of armed conflict and international humanitarian law”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 96, § 352.34; see also p. 138, § 412.31.
Cameroon’s Criminal Procedure Code (2005) provides:
Conditions of Extradition
Section 642
(1) Any act serving as a ground for extradition shall:
(b) by Cameroon law, constitute an ordinary law offence;
(2) …
(b) Offences of universal jurisdiction provided by international conventions and ratified by Cameroon shall be considered as ordinary law offences. 
Cameroon, Criminal Procedure Code, 2005, Section 642.
In March 1996, in the Bagosora case, Cameroon’s Court of Appeals of the Centre Region stated:
Having regard to the extradition request concerning the aforementioned Théoneste Bagosora, residing in Yaoundé since July 1995;
Having regard to the international arrest warrant dated 29 May 1995 issued against him by the investigating judge of the Court of First Instance of Brussels Tribunal de Première Instance de Bruxelles;
Having regard to Law No. 64-LF-13 of 26 June 1964 laying down the extradition régime in Cameroon;
Having regard to the international Geneva Conventions of 12 August 1949 and the Protocols I and II of 8 June 1977 additional to these Geneva Conventions;
Whereas, on 19 January 1996, the Belgian government seized the Cameroonian government with an extradition request concerning the aforementioned Théoneste BAGOSORA, of Rwandan nationality, residing in Cameroon since July 1995;
Whereas, in support of this request, the Belgian government states that the person concerned is charged by the Belgian judicial authorities in context with the murder of ten Belgian paratroopers at Kigali (Rwanda) and the genocide which followed the murder of the Rwandan and Burundian heads of State on 6 April 1994;
Whereas, following this charge, an arrest warrant was issued on 29 May 1995 by the investigating judge responsible for these proceedings in Brussels;
Whereas it follows from the documents in the file and the discussions during the hearing that the aforementioned BAGOSORA is seriously suspected of carrying a direct responsibility in the massacres that followed the attack committed against the Rwandan presidential airplane on 6 April 1994, and in the murder of the ten Belgian blue helmets;
Whereas these massacres resulted in more than 500,000 victims and constitute violations of international law such as provided for in the Geneva Conventions of 12 August 1949 and in the Protocols I and II of 8 June 1977 additional to these Conventions, applicable to Cameroon, in Belgium and to Congo [sic];
Whereas Belgium, Cameroon and Rwanda acceded to these conventions on 12 December 1977, 16 March 1984 and 19 November 1984, respectively;
Whereas, furthermore, Article 7 of the Belgian Law of 16 June 1993 permits Belgian courts to exercise jurisdiction over such violations, independent of the place where they were committed, whenever a Belgian national is involved;
Whereas the international arrest warrant issued against the aforementioned BAGOSORA clearly mentions that he is charged with an attack committed against the Rwandan presidential airplane on 6 April 1994, and for the death of ten blue helmets during that massacre;
Whereas these acts are of a nature to lead to a principal penalty of correctional imprisonment of one year, or to a more severe penalty not exceeding 15 years of hard labour;
Whereas these acts are ordinary law offences from the point of the Cameroonian Penal Code;
Whereas it follows from the above that the conditions provided for in Article 11 of Law No. 64-LF-13 of 26 June 1964 laying down the extradition regime in Cameroon are thus fulfilled, the extradition […] , in fact, not aiming at a political purpose;
Therefore
[The Court of Appeals of the Centre Region [i]ssues a favourable decision regarding the legal admissibility of the extradition request formulated by the Belgian government. 
Cameroon, Court of Appeals of the Centre Region, Bagosora case, Judgment, 15 March 1996.
In May 1996, in the Ruzindana case, Cameroon’s Court of Appeals of the Centre Region stated:
Having regard to the extradition request entered by the Government of the Republic of Rwanda against the aforementioned Augustin Rusindena, Jean Baptiste Butera and others, residing in Yaoundé since July 1995;
Having regard to the international arrest warrants issued against the persons concerned on 15 March 1996 by the Prosecutor General at the Court of Appeals of Kigali;
Having regard to Law No. 64-LF-13 of 26 June 1964 laying down the extradition régime in Cameroon;
Whereas by a request dated 18 March 1996 the Rwandan government seized the Cameroonian government for the purpose of the extradition of the aforementioned RUSINDENA Augustin, BUTERA Jean Baptiste, MUGENZI Justin, MUTABAMKLA Sylvain, NTAGERURA André, SEMANZIA Laurent, MPIRANYER Protais, MUBERUKA Félicien, BARIHENDA Augustin, SEKAKO Ephrein, NKUNDIYE Léon, NSENGIYUMBA Anatole, MUSABE Pasteur, NZIRORERA Joseph, NAHIMANA Ferdinand, BIZIMUNGU Télésphore, BAKUZAKUNDI Michel, BARAYAGWIZA Jean Bosco;
Rwandan citizens currently living in Cameroon;
Whereas it follows both from the request and from the aforementioned international arrest warrants, enforced on 29 March 1996, that the aforementioned persons, between 1 October 1990 and 31 July 1994, committed genocide, massacre of civilian populations on national, political, ethnic, racial or religious grounds, in Kigali or in other localities in Rwanda;
Whereas it follows from the documents in the file and from the discussions that the International Criminal Tribunal for Rwanda is already operational; that the Tribunal’s Prosecutor, on 15 April 1996, asked the Cameroonian judicial authorities for assistance by proceeding to the preliminary arrest of the aforementioned Rwandans on the basis of counts of serious violations of international humanitarian law and of other crimes within the jurisdiction of the said International Tribunal;
Whereas Article 13 of the internal Rules [of Procedure and Evidence] of the aforementioned International Tribunal prohibits national courts from exercising jurisdiction in a matter as soon as the said Tribunal is seized of them;
Whereas, according to Article 8 of [the 1994 ICTR Statute, annexed to] UN Security Council Resolution 955 of 9 November 1994, the International Criminal Tribunal for Rwanda is a supranational court and has primacy over the national courts of the country concerned;
Whereas its decisions are applicable immediately and are not subject to the extradition régime;
Whereas it follows from the above that at the current stage of the proceedings the extradition request by the Rwandan Government can no longer be examined since the International Criminal Tribunal for Rwanda is operational;
Whereas it is necessary to stay adjudication until the completion of the proceedings before the International Criminal Tribunal for Rwanda;
Therefore
[The Court of Appeals of the Centre Region], on the application of the Public Prosecutor, stays adjudication regarding the extradition request presented by Maître Paul Nhanag on behalf of the Rwandan Government until the completion of the proceedings before the International Criminal Tribunal for Rwanda. 
Cameroon, Court of Appeals of the Centre Region, Ruzindana case, Judgment, 31 May 1996.
In 1997, in the Ruzindana case (No. 2), Cameroon’s Court of Appeals of the Centre Region stated:
Having regard to the extradition request entered by the Government of the Republic of Rwanda against the aforementioned Augustin Ruzindana and others, residing in Yaoundé since July 1995;
Having regard to the international arrest warrants issued against the aforementioned persons on 15 March 1996 by the Prosecutor General at the Court of Appeals of Kigali;
Having regard to Law No. 64-LF-13 of 26 June 1964 laying down the extradition régime in Cameroon, modified by Law No. 97/010 of 10 January 1997;
Having regard to Judgment No. 615/ADD of 31 May [1996] of this Court ordering a stay of adjudication;
Whereas by a request dated 18 March 1996, the Rwandan Government, acting by and through its counsel in Cameroon, Maître Paul Nhanag, seized the Minister of Justice of Cameroon for the purpose of the extradition of 19 Rwandans said to be residing within the borders of the Republic of Cameroon;
Whereas in support of that request the Rwandan Government annexed 19 international arrest warrants signed on 15 March 1996 by the Prosecutor General of Kigali and containing an identical accusation: genocide and grave violations of international humanitarian law;
Whereas the international arrest warrants issued against 11 of these Rwandans were enforced on 29 March 1996, and thus joined the first, colonel Bagosora, who already was the object of an international arrest warrant by the Kingdom of Belgium, enforced since 9 March 1996;
Whereas it follows both from the request submitted and from the international arrest warrants attached that the aforementioned Rwandans, between 1 October 1990 and 31 July [1994], committed, in Kigali or in other localities in Rwanda, genocide and other crimes against humanity by launching widespread and systematic attacks against civilian populations on national, political, ethnic, racial or religious grounds;
Whereas, by doing this, the Rwanda Government seeks their extradition in order that they answer for their crimes before the Rwandan courts;
Whereas the aforementioned Théoneste Bagasora, André Ntageura, Ferdinand Nahimana and Anatole Nsengiyumva, charged for the same acts by the Prosecutor of the International Criminal Tribunal for Rwanda, have been transferred to the seat of that Tribunal in Arusha, at the request of that court and in application of Decrees No. 97/005, 97/006, 97/007 and 97/008 by the President of the Republic of Cameroon, authorizing that transfer;
Whereas the present request currently only concerns eight Rwandans, for whom the arrest warrant had been enforced, namely:
1. RUZINDANA AUGUSTIN
2. BUTERA JEAN BAPTISTE
3. SEMANZA LAURENT
4. MUBERUKA FELICIEN
5. MUSABE PASTEUR
6. RIZIMUNGU TELESPHORE
7. BAKUZAKUNDI MICHEL
8. BARAYAG[W]IZA JEAN BOSCO.
Whereas it follows from the documents in the file and from the discussions that the request by the Rwandan Government was not made through diplomatic channels, as it is required by Article 15 of Law No. 64-LF-13 of 26 June 1964, as modified;
Whereas, in fact, that law requires imperatively that every extradition request must pass through diplomatic channels in order to allow the Minister of External Relations to make sure of the authenticity of the documents annexed to the request, before any seizing of the judicial authorities;
Whereas the documents provided by the Rwandan Government were produced in photocopy and not in the original, as the legislation on the matter demands it; that request is irregular;
Whereas, furthermore, the new Article 29 of the Law laying down the extradition regime provides that no person can be extradited to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture;
Whereas, finally, the Office of the Prosecution of the International Criminal Tribunal [for Rwanda], after investigation, has dropped the case against the 8 Rwandans currently detained;
Whereas, according to UN Security Council Resolution 955, which created the International Criminal Tribunal for Rwanda, and according to the Tribunal’s Rules of Procedure and Evidence, that tribunal has primacy over the national courts;
Whereas it would be inappropriate to allow the national Rwandan courts to exercise jurisdiction over the same facts regarding the eight Rwandans;
Whereas it is therefore necessary to issue an unfavourable decision regarding the legal admissibility of that extradition request;
Whereas Article 25 of Law No. 64-LF-13 of 26 June 1964, as modified, provides that when the Court issues an unfavourable decision, the foreigner must be released immediately; whereas it is necessary to order the immediate release of the eight Rwandans;
Therefore
[The Court of Appeals of the Centre Region] issues an unfavourable decision regarding the legal admissibility of the extradition request by the Rwandan Government;
Orders the immediate release of the eight Rwandans concerned, if they are not detained in relation to another matter. 
Cameroon, Court of Appeals of the Centre Region, Ruzindana case (No. 2), Judgment, 21 February 1997.
Cameroon’s Criminal Procedure Code (2005) provides: “Except where otherwise provided by law, no Cameroonian citizen may be extradited.” 
Cameroon, Criminal Procedure Code, 2005, Section 644.
Cameroon’s Criminal Procedure Code (2005) provides:
Conditions of Extradition
Section 642
(1) Any act serving as a ground for extradition shall:
(b) by Cameroonian law, constitute an ordinary law offence;
(c) from the circumstances and facts show that extradition is not requested for political, religious or racial reasons, or based on the nationality of the persons concerned.
(2)(a) Felonies and misdemeanours which are not directed against any kind of government shall be considered as common law offences and may justify extradition.
(b) Offences of universal jurisdiction provided by international conventions and ratified by Cameroon shall be considered as ordinary law offences.
Section 643
(1)(a) Felonies and misdemeanours directed against the Constitution, the sovereignty of the State and Public Authorities shall be considered as political offences, for which extradition shall not be granted.
(b) The assessment of the political, religious or racial nature or reasons, or of the grounds for citizenship, for the application shall lie with the government to which the application is made.
(c) Where the offence is in itself political, religious or racial or based on citizenship, it shall be left to the requesting State to prove the contrary.
(2) The following shall also be considered as basis for which extradition may not be granted:
(b) offences that are related to political, religious and racial offences, or based on citizenship. 
Cameroon, Criminal Procedure Code, 2005, Sections 642–643.
In 1996, in its judgment in the Ruzindana case, Cameroon’s Court of Appeals of the Centre Region stated:
Having regard to the extradition request entered by the Government of the Republic of Rwanda against the aforementioned Augustin Rusindena, Jean Baptiste Butera and others, residing in Yaoundé since July 1995;
Having regard to the international arrest warrants issued against the persons concerned on 15 March 1996 by the Prosecutor General at the Court of Appeals of Kigali;
Having regard to Law No. 64-LF-13 of 26 June 1964 laying down the extradition régime in Cameroon;
Whereas by a request dated 18 March 1996 the Rwandan government seized the Cameroonian government for the purpose of the extradition of the aforementioned RUSINDENA Augustin, BUTERA Jean Baptiste, MUGENZI Justin, MUTABAMKLA Sylvain, NTAGERURA André, SEMANZIA Laurent, MPIRANYER Protais, MUBERUKA Félicien, BARIHENDA Augustin, SEKAKO Ephrein, NKUNDIYE Léon, NSENGIYUMBA Anatole, MUSABE Pasteur, NZIRORERA Joseph, NAHIMANA Ferdinand, BIZIMUNGU Télésphore, BAKUZAKUNDI Michel, BARAYAGWIZA Jean Bosco;
Rwandan citizens currently living in Cameroon;
Whereas it follows both from the request and from the aforementioned international arrest warrants, enforced on 29 March 1996, that the aforementioned persons, between 1 October 1990 and 31 July 1994, committed genocide, massacre of civilian populations on national, political, ethnic, racial or religious grounds, in Kigali or in other localities in Rwanda;
Whereas it follows from the documents in the file and from the discussions that the International Criminal Tribunal for Rwanda is already operational; that the Tribunal’s Prosecutor, on 15 April 1996, asked the Cameroonian judicial authorities for assistance by proceeding to the preliminary arrest of the aforementioned Rwandans on the basis of counts of serious violations of international humanitarian law and of other crimes within the jurisdiction of the said International Tribunal;
Whereas Article 13 of the internal Rules [of Procedure and Evidence] of the aforementioned International Tribunal prohibits national courts from exercising jurisdiction in a matter as soon as the said Tribunal is seized of them;
Whereas, according to Article 8 of [the ICTR Statute, annexed to] UN Security Council Resolution 955 of 9 November 1994, the International Criminal Tribunal for Rwanda is a supranational court and has primacy over the national courts of the country concerned;
Whereas its decisions are applicable immediately and are not subject to the extradition régime;
Whereas it follows from the above that at the current stage of the proceedings the extradition request by the Rwandan Government can no longer be examined since the International Criminal Tribunal for Rwanda is operational;
Whereas it is necessary to stay adjudication until the completion of the proceedings before the International Criminal Tribunal for Rwanda;
Therefore
[The Court of Appeals of the Centre Region], on the application of the Public Prosecutor, stays adjudication regarding the extradition request presented by Maître Paul Nhanag on behalf of the Rwandan Government until the completion of the proceedings before the International Criminal Tribunal for Rwanda. 
Cameroon, Court of Appeals of the Centre Region, Ruzindana case, Judgment, 31 May 1996.
In 1997, in its judgment in the Ruzindana case (No. 2), Cameroon’s Court of Appeals of the Centre Region stated:
Having regard to the extradition request entered by the Government of the Republic of Rwanda against the aforementioned Augustin Ruzindana and others, residing in Yaoundé since July 1995;
Having regard to the international arrest warrants issued against the aforementioned persons on 15 March 1996 by the Prosecutor General at the Court of Appeals of Kigali;
Having regard to Law No. 64-LF-13 of 26 June 1964 laying down the extradition régime in Cameroon, modified by Law No. 97/010 of 10 January 1997;
Having regard to Judgement No. 615/ADD of 31 May [1996] of this Court ordering a stay of adjudication;
Whereas by a request dated 18 March 1996, the Rwandan Government, acting by and through its counsel in Cameroon, Maître Paul Nhanag, seized the Minister of Justice of Cameroon for the purpose of the extradition of 19 Rwandans said to be residing within the borders of the Republic of Cameroon;
Whereas in support of that request the Rwandan Government annexed 19 international arrest warrants signed on 15 March 1996 by the Prosecutor General of Kigali and containing an identical accusation: genocide and grave violations of international humanitarian law;
Whereas the international arrest warrants issued against 11 of these Rwandans were enforced on 29 March 1996, and thus joined the first, colonel Bagosora, who already was the object of an international arrest warrant by the Kingdom of Belgium, enforced since 9 March 1996;
Whereas it follows both from the request submitted and from the international arrest warrants attached that the aforementioned Rwandans, between 1 October 1990 and 31 July [1994], committed, in Kigali or in other localities in Rwanda, genocide and other crimes against humanity by launching widespread and systematic attacks against civilian populations on national, political, ethnic, racial or religious grounds;
Whereas, by doing this, the Rwanda Government seeks their extradition in order that they answer for their crimes before the Rwandan courts;
Whereas the aforementioned Théoneste Bagasora, André Ntageura, Ferdinand Nahimana and Anatole Nsengiyumva, charged for the same acts by the Prosecutor of the International Criminal Tribunal for Rwanda, have been transferred to the seat of that Tribunal in Arusha, at the request of that court and in application of Decrees No. 97/005, 97/006, 97/007 and 97/008 by the President of the Republic of Cameroon, authorizing that transfer;
Whereas the present request currently only concerns eight Rwandans, for whom the arrest warrant had been enforced, namely:
1. RUZINDANA AUGUSTIN
2. BUTERA JEAN BAPTISTE
3. SEMANZA LAURENT
4. MUBERUKA FELICIEN
5. MUSABE PASTEUR
6. RIZIMUNGU TELESPHORE
7. BAKUZAKUNDI MICHEL
8. BARAYAG[W]IZA JEAN BOSCO.
Whereas it follows from the documents in the file and from the discussions that the request by the Rwandan Government was not made through diplomatic channels, as it is required by Article 15 of Law No. 64-LF-13 of 26 June 1964, as modified;
Whereas, in fact, that law requires imperatively that every extradition request must pass through diplomatic channels in order to allow the Minister of External Relations to make sure of the authenticity of the documents annexed to the request, before any seizing of the judicial authorities;
Whereas the documents provided by the Rwandan Government were produced in photocopy and not in the original, as the legislation on the matter demands it; that request is irregular;
Whereas, furthermore, the new Article 29 of the Law laying down the extradition regime provides that no person can be extradited to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture;
Whereas, finally, the Office of the Prosecution of the International Criminal Tribunal [for Rwanda], after investigation, has dropped the case against the 8 Rwandans currently detained;
Whereas, according to UN Security Council Resolution 955, which created the International Criminal Tribunal for Rwanda, and according to the Tribunal’s Rules of Procedure and Evidence, that tribunal has primacy over the national courts;
Whereas it would be inappropriate to allow the national Rwandan courts to exercise jurisdiction over the same facts regarding the eight Rwandans;
Whereas it is therefore necessary to issue an unfavourable decision regarding the legal admissibility of that extradition request;
Whereas Article 25 of Law No. 64-LF-13 of 26 June 1964, as modified, provides that when the Court issues an unfavourable decision, the foreigner must be released immediately; whereas it is necessary to order the immediate release of the eight Rwandans;
Therefore
[The Court of Appeals of the Centre Region] issues an unfavourable decision regarding the legal admissibility of the extradition request by the Rwandan Government;
Orders the immediate release of the eight Rwandans concerned, if they are not detained in relation to another matter. 
Cameroon, Court of Appeals of the Centre Region, Ruzindana case (No. 2), Judgment, 21 February 1997.