A/HRC/13/42*
page 37
4. Secret detention in Asia
79. In Cambodia, secret detention facilities were used by the Communist Party of Kampuchea
during the Khmer Rouge Regime both to persecute political opposition and to intimidate the
civilian population. While those individuals who were sent to Tuol Sleng prison (S-21) were
regarded as established “enemies” of the Party, those sent to the so-called re-education camp
(S-24) were considered to be “elements”, because it was unclear whether they were enemies or
friends.123 The S-24 facility was used primarily for the purposes of forced labour. The
Government of Cambodia denies the occurrence of secret detention after the fall of the Khmer
Rouge regime. However, in the 1990s, reports were made regarding the involvement of senior
regional and provincial military officers and their units in the continuing use of secret detention
facilities in Battambang province for the purposes of detaining abducted civilians, extorting
money, asserting illegal power and executing those detained.124
80. In India, no fewer than 1 million people were detained under preventive detention laws
during the 1975/77 state of emergency. Many were alleged to be held in secret places of
detention, for instance in Punjab. Others were abducted and made to disappear by members of
the police and State security forces, especially in Punjab, Jammu and Kashmir, as well as in the
North-eastern states.125 Most of them were legally precluded from an enforceable right to
compensation for unlawful detention. While the Constitution, the Penal Code and the Criminal
Procedure Code prohibited secret detention and stipulated prompt access to a judicial authority,
relatives, lawyers and medical assistance, such guarantees were not included in other relevant
laws, such as the Terrorism and Disruptive Activities (Prevention) Act, which was in force in the
States of Jammu, Kashmir and Punjab. According to a number of allegations, in the State of
Jammu and Kashmir, arrests were often not recorded by, or even reported to, the local police so
that legal remedies, including applications for habeas corpus, were ineffective.126 In the late
1990s, the Working Group on Enforced or Involuntary Disappearances received consistent
allegations according to which more than 2,000 people were being held in long-term
unacknowledged detention in interrogation centres and transit camps in the north-east of the
country and in Jammu and Kashmir.127
123
Extraordinary Chambers in the Courts of Cambodia, Trial Proceedings, transcript of trial
proceedings, Kaing Guek Eav “Duch” Public, case file Nº 001/18-07-2007-ECCC/TC.
124
Recommendations of the Special Representative of the Secretary-General for human rights in
Cambodia and the role of the United Nations Centre for Human Rights in assisting the
Government and people of Cambodia in the promotion and protection of human rights
(A/49/635), para. 24. In the same report, reference is made to the case of Voat Cheu Kmau.
125
See the official Shah Commission of Inquiry report of 1978.
See the summary record of the second part (public) of the 11th meeting of the
Subcommission on Prevention of Discrimination and Protection of Minorities, forty-fifth session
(E/CN.4/Sub.2/1993/SR.11/Add.1), para. 28.
126
127
E/CN.4/200/64.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents