Author(s): Sumelong Henry Awasume

Abstract: The fair trail guarantees remain a cornerstone for access to justice to all and vulnerable groups in particular. It is the bedrock for preventing the abuse of the rights of litigants in criminal any criminal justice system. Nationally and universally, fair trial guarantees are highly recognized and protect guaranteed. Judicial actor such as members of the public and private bar owes a duty to the state and to each other to ensure the respect of these fundamental guarantees. This paper adopts a qualitative approach in appreciating the dynamics in the respect of fair trial guarantees in Cameroon and in assessing the role of judicial actors. The paper proffers an argument that the respect and protection of fair trial guarantees by judicial actors is not dependent on the advancement of the criminal justice system nor the advancement of technology as they are regarded as basic goods or commodity to any litigant to have his wants met. The paper notes that while state obligation to guarantee the enjoyment of these guarantees is express, it requires strong, independent and cautious judicial actors who perform their duties with fear or out of fear at the instance of these guarantees. The paper recommends that to have judicial actors effectively promote the application of these fair trial guarantees, judicial independence and security of judicial actors must be ensured and actors sanction for failing to observe these guarantees. The dynamics within the Cameroonian criminal justice system in guaranteeing these fair trial rights is wanting.

DOI: 10.22271/2790-0673.2025.v5.i2f.270

Pages: 558-568 | Views: 87 | Downloads: 27

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