A/HRC/37/64
23.
Impunity for cases of mob justice remains a matter of concern. Mob violence against
alleged thieves is usually an immediate reaction to an incident of theft and simple
accusations are sufficient to incite a crowd to deadly violence, with little or no reaction by
the police. Investigations are rarely carried out following these incidents, and cases are
generally closed as the initial crime is considered to have been solved.
24.
OHCHR also continued working on cases of killings of people accused of
witchcraft. Killings related to sorcery were reportedly frequent before the 1960s, and most
recently in the 1980s and the 1990s. In 2017, the number of reported human rights
violations related to sorcery decreased but remained of particular concern in some remote
areas of the country. The police are generally willing to investigate these cases but alleged
perpetrators are rarely arrested, as the police lack resources and fear reprisals from the local
population. In several instances, the police and local authorities discussed with OHCHR the
possibility of support to raise awareness on sorcery allegations and preventing mob
violence, which the Office will follow up on with the Ministry of Interior.
25.
As part of the implementation of the recommendations of the second cycle of the
universal periodic review on judicial sector reform, 2 OHCHR organized a series of
meetings with the Supreme Council of Magistracy, which brought together judges,
prosecutors and heads of the administrative secretariats to discuss coordination between
their administrative and adjudicative functions, particularly in the context of the Law on the
Organization of the Courts. During the meetings, the representatives of the Supreme
Council of Magistracy and the Ministry of Justice provided guidance and answers to some
of the problems faced.
26.
OHCHR continued to support the improvement of case management and access to
court information by expanding the criminal case database in six courts of first instance and
facilitating two workshops on case registration, held in Sihanoukville in July and August
and in Phnom Penh in November. OHCHR supported the inclusion of a new module to
report on cases of violence against women as part of the database update. Cases are being
increasingly registered in the 12 courts where the database is in place, although challenges
remain to ensure that their recording is timely.
27.
In October, together with the Ministry of Justice and the Supreme Council of
Magistracy, OHCHR conducted a regional training workshop for judges in Preah Vihear
Province on follow-up to the new pretrial detention form. The workshop focused on the
importance of providing legal reasoning when deciding cases on pretrial detention in line
with the pretrial guidelines issued by the Ministry of Justice in 2014. The regional
workshops will continue in 2018 to cover more courts.
IV. Supporting prison reform
28.
The General Department of Prisons extended the authorization allowing OHCHR to
conduct prison visits from July to December. However, it retained the prohibition, instituted
in 2016, against confidential interviews with detainees. It is essential for OHCHR to enjoy
full confidential access to detainees to ensure the quality and safety of its interaction.
29.
OHCHR conducted nine visits to six prisons over the reporting period, following
which it presented recommendations to the prison management concerned and raised issues
common to several prisons with the Ministry of Interior and the General Department of
Prisons. The Office worked closely with registry officers to identify priority cases for
release.
30.
A “six-month campaign against illicit drugs”, launched in January and renewed in
June, led to a sharp increase in the prison population. 3 In a system that was already over
capacity, this has put further strain on detention facilities and has seriously affected the
living conditions and health of prisoners, as well as the working environment of prison
2
3
See A/HRC/26/16, paras. 118.24, 118.79 and 118.81−118.90.
The total prison population increased by around 30 per cent from December 2016 to December 2017.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents