A/HRC/36/61 B. Prisoners 20. Considering the situation of prisoners, the Special Rapporteur reiterates her concern about the extensive use of pretrial detention in Cambodia. Although article 203 of the Code of Criminal Procedure establishes that provisional detention should be exceptional, it appears to be almost standard procedure. The Government should consider doing more to raise awareness among judges on alternatives to detention in an effort to encourage a reduction in the automatic recourse to pretrial detention. The Government has acknowledged that the situation in prisons is a problem (see CCPR/C/KHM/Q/2/Add.1, para. 14) and the Human Rights Committee has commented on overcrowding (see CCPR/C/KHM/CO/2, para. 14). It is clear that the current practices on provisional detention exacerbate the problem. For example, during a visit to Correctional Centre 1 in October 2016, the Special Rapporteur was informed that 1,512 of the 4,736 detainees were either in provisional detention or were awaiting the outcome of appeal processes. The Ministry of Justice should embark on awareness-raising initiatives to ensure public support for alternatives to provisional detention. It should make additional efforts to remind the judiciary of the range of options available under the Code of Criminal Procedure and of the appropriate judicial form, referencing the reasons for detention (see art. 205). 21. A high-profile case of pretrial detention has involved the continued detention of the following members of the Cambodian Human Rights and Development Association, an NGO: Lim Mony, Ny Sokha, Yi Soksan, Nay Vanda and Ny Charkya. Mr. Charkya, the former deputy secretary-general of the National Election Committee, was detained at the same time as the others but faces separate charges. The detention of the above-mentioned individuals has been the subject of several urgent appeals and an opinion of the Working Group on Arbitrary Detention, which found their detention to be arbitrary (see also para. 66 below). 22. The Special Rapporteur regrets not having been able to meet with those detainees, as requested, during her visit to Correctional Centre 1 in October 2016. On 27 April 2017, their detention was extended by a further six months, purportedly to enable the authorities to question witnesses and undertake further investigations; it was the last extension permissible under Cambodian law. By that time, those five people had already been detained for a year without any charges proceeding. Such prolonged detention has an impact not only on the right to liberty of the detainees, but also on the rights and freedoms of their families, as some detainees were the principal earner in their household. Moreover, it affects the capacity of a prominent and well-established NGO, the Cambodian Human Rights and Development Association, to continue to defend human rights in Cambodia. The judge’s decision dated 24 March 2017 banning visits by anyone other than family members and lawyers has exacerbated the detainees’ already limited communication with the outside world and means that OHCHR staff can no longer meet with the detainees and monitor their detention. 23. Given the apparent lack of evidence to back any of the alleged charges, the judicial authorities should immediately release the above-mentioned individuals or bring charges against them so that a court can make a lawful determination. Visitation and monitoring rights should be restored.3 24. Correctional Centres 1 and 2 in Prey Sar commune, Phnom Penh, are the principal prisons for men and women in Cambodia. During her visit in October 2016, the Special Rapporteur received direct information on the level of overcrowding. The prison for men (Correctional Centre 1), which the prison authorities said had a capacity of 1,300, held 4,736 detainees; the prison for women (Correctional Centre 2) was said to have a capacity of 600-700 but held 959 detainees. In respect of overcrowding, the Special Rapporteur learned from the Minister of Justice of a pilot programme on non-custodial sentencing for minor misdemeanours for which a sentence of less than six months in prison is usually handed down. The pilot programme could assist in temporarily alleviating the problem of 3 On 29 June 2017, after the present report was submitted, the individuals were released under judicial supervision. Trial dates are pending. 7