It is arguably one of the most controversial laws adopted in Parliament in recent times.
Opponents of the law state that it denies the people some basic rights.
Proponents argue that it is initiated to discourage terrorism given the present context, the country`s national sovereignty is being threatened both from the Far North by Boko Haram and the East region due to the political instability in the Central African Republic.
Details of the divisive law below:
CHAPTER 1
GENERAL PROVISIONS
SECTION I: PURPOSE AND SCOPE
1. This law relates to the suppression of acts of terrorism
2. The provisions of the penal code, the criminal procedure code and the military justice code that are not repugnant to this law shall remain applicable.
3. The offences provided for in this; law shall fall exclusively under the jurisdiction of military tribunals.
CHAPTER II
OFFENCES AND PENALTIES
SECTION 2: ACTS OF TERRORISM
1.Whoever, acting alone as an accomplice or accessory, commits or threatens to commit an act likely to cause death, endanger physical integrity, cause bodily injury or material damage, destroy natural resources, the environment or cultural heritage with intent to:
a. Intimidate the public, provoke a situation of terror or face the victim, the government and/or a national or international organisation to carry out or refrain From carrying out an act, adopt or renounce a particular position;
b. Disrupt the national functioning of public services, the delivery of essential services to the public to create a crisis situation among the public;
c. Create widespread insurrection in the country;
d. Shall be punished with the death penalty.
2. Whoever
a. Provides and/or uses war weapons and equipment;
b. Provides and/or uses microorganisms or any other biological agents, in particular viruses, bacteria, fungi or toxins;
c. Provides and/or uses chemical, psychotropic, radioactive or hypnotising substances;
d. Perpetuates hostage taking;
In order to attain the same objectives as those inferred in sub section 1 above shall be punished with the death penalty,
3. The penalty shall be life imprisonment where the visible consequences of the act referred to in sub section (1) above are animal disease or plant destruction.
SECTION 3: FINANCING OF ACTS OF TERRORISM
1. Whoever directly or indirectly:
a. Provides and/or collects funds;
b. Provides or offers or collects funds
With the aim of financing acts of terrorism and by whatever means, shall be punished with the death penalty.
2. The offence referred to in Section 3 (1) above shall be deemed to have been perpetrated even where the funds, the material means and/or financial services have not effectively been used to commit the offence;
3. The financing of terrorism shall be deemed to have been perpetrated even where the goods are collected and the services are offered in the territory of another state.
SECTION 4: LAUNDERING OF PROCEEDS OF TERRORISM
Whoever,
a. procures, receives, keeps, converts, dissimulates or disguises goods that are proceeds or acts of terrorism;
b. partakes in the use or sharing even occasionally, of proceeds of acts of terrorism, shall be punished with the death penalty.
SECTION 5: RECRUITMENT AND TRAINING
1. Whoever recruits and or trains people to participate in the act of terrorism, regardless of where they are committed, shall be punished with the death penalty.
2. The penalty provided for the 1 above shall be applied to whoever:
a. Offers or promises gifts, presents or any kind of benefit to another with the intention of getting the later to be part of a group that has been established or a deal reached to commit acts of terrorism;
b. Threatens or pressurises another to be part of a group that has been established or a deal reached to commit acts of terrorism.
3. Whoever deliberately joins or undergoes training in a terrorist group abroad with intent to commit acts of terrorism within the country, shall be punished with imprisonment of from ten (10) to twenty (20) years.
4. In the cases provided for the subsection (2) above, the offence shall be deemed to have been committed even where urging someone to be part of the group or deal failed to materialise.
SECTION 6: CRIMINAL LIABILITY OF CORPORATE BODIES
1. For the purpose of this law, a corporate body may be held criminally liable.
2. Where the corporate body is responsible for acts of terrorism, the penalty shall be the fine of fifty million (50.000.000) FCFA.
SECTION 7: INTERRUPTION OF THE OFFENCE OR ITS EFFECTS
1. Whoever, being the principal perpetrator or an accomplice of an act of terrorism, helps to stop the offence from being committed shall be punished with imprisonment of from ten (10) to twenty (20) years.
2. The penalty provided for in subsection (1) above shall apply to whoever, being the principal perpetrator or an accomplice of an act of terrorism, helps to prevent the offence from causing death, injury or material damage.
SECTION 8: ACCLAMATION OF ACTS OF TERRORISM
Whoever publicly acclaims acts of terrorism shall be punished with imprisonment of, from fifteen to twenty years or a fine of, from twenty five million francs (25,000,000) FCFA to fifty million ( 50,000,000) or both such imprisonment and fine.
SECTION 9: FALSE STATEMENT OR DEFAMATORY REPORTS
Whoever makes a false statement of defamatory report to an administrative or judicial authority pursuant to section 7 and 16 of this law shall be punished with imprisonment of twenty years.
SECTION 10: WITNESS PROTECTION
For the purposes of this law, whoever assaults or threatens a witness, in implicitly, with violence, battery of death, shall be punished with life imprisonment.
CHAPTER 3
SPECIAL PROVISIONS
SECTION 11: REMAND IN CUSTODY
For the purpose of this law, the duration of remand in custody shall be fifteen days renewable upon the authorisation of the State Prosecutor.
SECTION 12 REFERRAL BEFORE THE COMPETENT COURT
For the purposes of this law, matters shall be referred to the military tribunal by a direct order to be placed on trial, issued by State Prosecutor.
SECTION 13: MITIGATING CIRCUMSTANCES
For the purpose of this law, and in the event of acceptance of mitigating circumstances:
1. The imprisonment term may not be less than ten (10) years,
2. The fine may not be less than twenty million FCFA (20,000,000)
3. In any case, no suspended sentence may be given
SECTION 14: ANCILLARY PENALTIES
In the case provided for in sections 2, 3,4,5,6 and 7 above, the competent court shall, in the case of conviction, additionally pronounce the secondary penalties provided for under section nineteen of the penal code.
SECTION 15: INDEFEASIBLY OF COURT ACTION AND PENALTIES
For the purpose of this law, action by the legal department and penalties pronounced by competent court shall not be time-barred.
SECTION 16: WAIVERS
Prosecution shall be waived for any natural or legal person who, after agreeing with another person to commit an act of terrorism and before the commencement of execution:
1. Reports it to a public official ( Administrative, Judicial or Military)
2. Uses of all means to help stop the commission of the offence
3. Helps to identify his or her co-offenders of accomplices
CHAPTER 4
FINAL PROVISION
SECTION 17
This law shall be registered, published according to the procedure of urgency and inserted in the official gazette in English and French.
