A/HRC/45/56
32.
OHCHR supported the Operation Unchained project, of the Transcultural
Psychosocial Organization Cambodia, which treats and provides rehabilitation to persons
with psychosocial disabilities who are locked up or otherwise physically restrained by
family members, in many cases due to stigma and a lack of access to treatment. Through
the work of this organization, 78 persons were released and reintegrated into their
communities between June and December 2019.
D.
Supporting prison reform
33.
The prison population in Cambodia has continued to increase. Despite
overcrowding, the use of alternatives to detention – including the granting of bail, release
under judicial supervision, and the imposition of suspended sentences – remains limited.
During March and April 2020, OHCHR met with Phnom Penh court authorities to advocate
for bail for 25 pregnant women and women with children in pretrial detention. Lacking
access to legal aid, the women applied for bail with the support of local NGOs that had
developed a simplified bail application form. In a welcome development, 12 women were
released from detention, some on bail, and others after their trials had been expedited.
OHCHR will continue to advocate for the simplified bail form to be used more broadly.
34.
OHCHR continued to monitor places and conditions of detention and the treatment
of detainees. The Government did not allow confidential interviews, “in accordance with
the Law on Prisons”. OHCHR consistently found that conditions of detention generally fell
short of international standards, including with regard to detainees’ access to health care
and medical treatment, sanitation, and visits from family members and legal
representatives.
35.
OHCHR documented three deaths in custody. In two cases, the General Department
of Prisons took some corrective measures; authorities, however, found no evidence of
torture or ill-treatment. OHCHR is unable to confirm whether those investigations met the
principles of independence, impartiality, transparency and promptness. In the third case,
which took place in Banteay Meanchey Province in December 2019, two police officers
have been charged in relation to the death and remain in pretrial detention.
36.
The Police Academy of Cambodia introduced a new module on the Convention on
the Rights of Persons with Disabilities in its four-month training for new prison staff. The
training, which was delivered by OHCHR, covers the national and international legal
frameworks related to detention, including the International Covenant on Civil and Political
Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
37.
OHCHR and the National Committee against Torture21 organized four joint
awareness-raising sessions for law enforcement and prison officials. Held in Kampong
Cham, Kampot, Prey Veng and Svay Rieng Provinces between 24 October and 28
November 2019, the sessions focused on the role and mandate of the National Committee
against Torture. In collaboration with provincial prosecutors, OHCHR delivered briefings
for law enforcement officials on the prevention of torture, use-of-force violations, and
rights upon arrest, in Svay Rieng and Takeo Provinces on 19 and 26 December 2019
respectively.
38.
The COVID-19 crisis presented a serious risk to prison populations, especially as
chronic overcrowding made physical distancing practically impossible. On 20 March 2020,
the Ministry of the Interior temporarily suspended all prison visits as a preventative
measure. A subsequent instruction required a 14-day quarantining and isolation of all new
detainees. The Government stated that it expedited prosecutorial processes, including the
use of bail for minor offences, to ease prison overcrowding. On 6 April 2020, OHCHR, the
United Nations Children’s Fund (UNICEF) and the United Nations Entity for Gender
Equality and the Empowerment of Women (UN-Women) sent joint letters to the Ministry
21
8
The national preventive mechanism of Cambodia under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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