A/HRC/12/41
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which preoccupied national counterparts. The working group attempted to revive the process in
December 2008 with a workshop which OHCHR attended. The workshop revealed a still weak
understanding of the concept of institutional independence and unrealistic expectations of what a
NHRI can and should achieve. OHCHR has sought to clarify the fact that the NHRI should not
be a substitute for effective legal and judicial reform.
22. Under the terms of the Optional Protocol to the Convention against Torture which
Cambodia ratified in April 2007, the Government should have created an independent national
preventive mechanism (NPM) by April 2008. The draft instruction of the Ministry of Interior to
create the institution falls short of the basic requirements, proposing an inter-ministerial
committee with no independence and no participation from civil society. OHCHR held
discussions with Ministry officials to clarify the treaty requirements. In January 2009, it
co-sponsored, together with the Danish Rehabilitation and Research Centre for Torture Victims,
a national workshop on the Optional Protocol, which a member of the Subcommittee on
Prevention of Torture, Hans Petersen, attended. The workshop was significant as a platform at
which both the Minister of Interior and the Prosecutor-General publicly endorsed Cambodia’s
rejection of torture and ill-treatment before an audience of prosecutors, police and prison
officers. A joint press statement was issued by the Ministry of Interior and OHCHR pledging
continued cooperation to establish a proper NPM, compliant with the Paris Principles, by way of
a law in the coming two years. The adoption of this law is regarded by the Subcommittee and
OHCHR as a significant step towards the Government’s prevention of torture. The
Subcommittee will conduct its first visit to Cambodia in December 2009.
23. The establishment of a NPM provides an opportunity to test the Government’s
understanding and commitment to establishing truly independent scrutinizing bodies in the
context of the NHRI process. Hitherto, the NPM and NHRI establishment processes have
proceeded in isolation from one another. OHCHR believes that both should be developed
alongside other existing or proposed independent institutions, including the judiciary, as part of
the Government’s strategy on legal and judicial reform.
3. Respect by State officials for legal standards and procedures
24. In parallel with efforts to strengthen national torture prevention measures and the work of
its own prison support programme, OHCHR has provided technical advice and training to the
Prosecutor-General and his staff to support his responsibilities under article 509 of the Penal
Procedure Code to conduct prison inspections. OHCHR aims to improve the methodology of
visits to prisons and detention facilities and hopes to develop guidelines for prison inspections by
prosecutors. OHCHR staff accompanied the Prosecutor-General on visits to several provinces in
April and May 2009.
25. Impunity remains a major challenge to the rule of law in Cambodia. OHCHR has
investigated several cases of alleged torture and ill-treatment perpetrated by police, prison,
military and fisheries officials. Although evidence of a prima facie case can be readily
established, and in some instances officials will admit to breaches of the law, cases rarely move
beyond disciplinary measures and successful prosecutions of torture are exceptional. OHCHR
routinely recommends to the authorities that they investigate allegations of torture and other
abuses of the law by law enforcement officers, but with limited success.
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