A/HRC/7/56
page 5
B. Fundamental rights and freedoms and civil society
7.
The Office has paid particular attention to cases where NGOs and activists have come
under attack in connection with their lawful activities in the promotion and defence of human
rights, as well as cases which are emblematic of wider patterns that have a serious impact on the
exercise of the most essential human rights. In this regard, it has brought its concerns to the
attention of national and provincial authorities with regard to restrictions on freedom of
movement, expression, association and assembly; illegal arrests, disappearances and other
serious breaches of procedural guarantees; land disputes and illegal acquisition of land; forced
and violent evictions; excessive use of force; and prison conditions.
8.
In a year in which Cambodia reaffirmed, through ratification of the Optional Protocol to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, its commitment to eliminating torture and other ill-treatment, the Office
documented a number of instances in which State officials were involved in ill-treatment or
torture. In one case, a man was tortured while in the custody of gendarmes in Tum Ring
Commune, Kampong Thom Province. He died on 1 January 2007, a day after his release, as a
consequence of the injuries he had sustained. A subsequent police investigation and post-mortem
confirmed that the man died as a consequence of torture, and the police filed charges with the
Provincial Court. Officials from the gendarmerie allegedly paid the wife of the deceased money
in an attempt to settle the case out of court. The Office also investigated the illegal arrest and
torture of a soldier by a military unit involved in running a plantation in Pailin, and his
subsequent disappearance. Military and police officials who investigated the case concluded that
the man had been killed but were unable to locate the body. Compensation was paid to the
family but no criminal charges or disciplinary action appear to have been initiated against the
perpetrators. In another case, the Office investigated the alleged beating of three detainees as
punishment for their attempted escape from the prison in Kandal Province on 22-23 July 2007.
No disciplinary action seems to have been taken against the prison officers involved. In
mid-December, the prison authorities allowed OHCHR staff to meet and interview privately the
three detainees and report their findings with recommendations for both preventive and
corrective action to the staff. The Office intervened with the authorities on a number of other
cases related to prison conditions, including the use of shackles and restriction of family visiting
rights of certain prisoners involved in politically sensitive cases. The prison authorities
responded to most of these interventions, and cooperation has been encouraging.
9.
At the end of 2007, the Office began consultations with the Prisons Department and the
Ministry of Interior to explore avenues for cooperation in the field of prison reform. Four areas
for possible support by the Office were jointly identified, including support (legal advice) to the
drafting by the Ministry of the law organizing the penitentiary system; professional training of
penitentiary personnel; assessment of prison conditions and treatment of detainees; and material
support to equip prisons with potable water supplies and adequate sanitation facilities. An
agreement in principle was also reached with the Minister of Interior to strengthen cooperation
with the Office in the fields of drafting legislation, land issues and civil society.
10. In October 2007, the Office wrote to the Ministry of Interior requesting an explanation of
the circumstances of the death in custody of Oum Chhay, a prominent businessman from
Banteay Meanchey, who was arrested on suspicion of involvement in illicit drug production and
trafficking. No independent investigation was conducted into the case. In their response, the
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