A/HRC/18/47
the accessibility of the laws in compilations for legal and judicial professionals. More
information about these efforts is set out in section VI below. OHCHR also continued to
support efforts towards increasing access to justice for juveniles and women, and ensuring
that their rights are upheld in the criminal justice system. This included conducting joint
trainings with the United Nations Entity for Gender Equality and the Empowerment of
Women (UN-WOMEN) for women’s NGOs to ensure they are fully cognizant of their
rights under the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, as well as advocating for the adoption of a law on juvenile
justice. Additionally, OHCHR supported the Joint Working Group on Juvenile Justice in its
efforts to promote and protect the rights of children and youth.
46.
Under the programme, OHCHR also promoted external scrutiny by independent
State institutions. Independent institutions are crucial to human rights protection: they
provide the critical impartial advice needed to arrive at policymaking decisions on the basis
of accurate and unbiased information. The programme is aimed at supporting the creation
of two independent institutions: a national preventive mechanism (NPM) on torture, as
required by the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and a national human rights institution
(NHRI). OHCHR continued to provide internal advice to the inter-ministerial body
established as a precursor to the creation of an NPM, including by assisting in its
consideration of various options for an independent institution, in close cooperation with
the Ministry of Interior on this issue. Progress towards the establishment of an NHRI
slowed significantly after steps towards its creation had been made during the reporting
period. Discussions between NGOs and the Government on a draft law for its creation have
largely resulted in consensus; NGOs would now like to see the draft made the subject of a
public consultation process. OHCHR supports open dialogue on the creation of an NHRI,
including the consideration of options for public outreach on the issue.
47.
OHCHR continued to assist in strengthening the capacity of national actors to
monitor human rights violations. This included providing support to the Prosecutor General
to conduct unannounced visits to places of detention. OHCHR also responded to several
instances of alleged police brutality and torture in prisons and places of custody, adopting a
targeted approach to intervention aimed at complementing existing efforts undertaken by
NGOs and development partners. This included facilitating dialogue with members of the
judiciary and government counterparts to ensure that duty bearers adhere to due process.
Over 15 cases were investigated by the Battambang regional branch of OHCHR, dealing
with instances of alleged abuse in the north-east provinces of Cambodia. In addition, the
programme in Phnom Penh continued to intervene in cases of alleged brutality both in the
capital and in surrounding provinces.
48.
During the reporting period, a long-standing OHCHR project to help prevent
arbitrary detention by increasing the capacity of the Court of Appeal was implemented. To
date, a lack of such capacity has been a major cause of excessive detention, since many
accused people wait excessive periods for appeals to be heard. OHCHR has advocated for
the building of new courtrooms for the Court of Appeal as the first step in a plan to increase
its capacity (further steps include the appointment of additional judges, better file
management and the decentralization of the court). Following consultations with the
President of the Court of Appeal and various donors, funding was secured from the
Australian Agency for International Development (AusAID) for a new building;
construction began in the second quarter of 2011. OHCHR is also contributing financially
to the project.
49.
The Penal Code, replacing the criminal provisions enacted by the United Nations
Transitional Authority in Cambodia in 1992, came into force in December 2010, marking
the complete adoption of the criminal codes of Cambodia. OHCHR has emphasized the
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents