A/HRC/42/60/Add.2
As a democratic country upholding human rights and adhering to rule of law, all Cambodian
citizens are equally treated before the law regardless of their political affiliation, profession,
social status or their past. Each and every person is legally accountable not because of who
they are but because of what offences they have committed.
7.
Treaty Body Reporting and UPR
Government attaches great importance to each treaty body reporting mechanism and UPR
and will continue to uphold the principles of the UPR with its non-confrontational, nonpoliticized and non-selective approach. However, we resolutely oppose the practice of using
human rights as a pretext to interfere in internal affairs of others and to undermine their
sovereignty and territorial integrity.
After the adoption of the report of the 3rd cycle review, Cambodian Human Rights
Committee and OHCHR in Cambodia will work together to co-organize workshops and other
program activities to disseminate all accepted recommendations to all relevant line ministries
and institutions for implementation. Cambodian Human Rights Committee will also monitor
the implementation of those recommendations and report back to the council either in the
mid-term review if possible or in the next cycle review.
For other treaty body reports that are under the responsibility of other line ministries, CHRC
will also try to communicate and coordinate with them, so that they can complete and submit
the report within the timeframe provided.
8.
Lengthy pre-trial detention and arbitrary confinement of prisoners
In principle, the charged person shall remain at liberty. However, the charged person may be
provisionally detained under the conditions stated in Article 205 of the criminal code and the
decision on the pre-trial detention is under the competent authority of the investigating judge
in compliance with the criminal code (Articles 203 to 222). According to Article 208 of the
criminal code, this provisional detention is six-month and can be extended twice, for a
maximum period of six months each time. The length of detention as determined by the
investigating judge shall be used to conduct the investigation in accordance with the Code of
Criminal Procedure for a period of up to 18 months.
The period of provisional detention in felony cases as stipulated in the criminal code is similar
to the period of detention for felony cases in some countries in the world. In the case of the
French provisional detention for serious felony, the maximum period can be up to 24 months
or more.
Lengthy trial detentions are a direct result of large amount of cases and a low number of
judges, prosecutors, and defense attorneys while law enforcement agencies are making more
arrests, particularly drug related offenders.
Lengthy pre-trial detention and arbitrary confinement of prisoners after their sentences have
been completed at times took place because the final court judgments have not been
communicated to the prison authorities. Prison directors are instructed to work closely with
the court to notify beforehand those whose sentences are reaching their final days to issue
releasing papers on time.
9.
Prison Reform: Overcrowding prisoners, Torture and ill-treatment in prison.
Due to increasing number of arrests and prosecutions as a result of the Royal Government’s
antidrug campaign since the beginning of 2017, the number of inmates has increased
accordingly from 20,997 in December 2016 to 28,391 in December 2017, a year-on-year
increase by 35%. As of May 28, 2018, the total number of inmates was 29,829, out of which
the number of convicted inmates with final judgment papers is only 7,684 (26%).
Like many developing countries, Cambodia is in the stage of conducting its penal reform
including prison reform. To address this issue, the Royal Government is also considering
alternative to imprisonment and community-based treatments of offenders starting with
juvenile delinquents (the “Tokyo Rules and Penal Code 2009”).
The act of torture and ill-treatment of detainees are serious violations under the Cambodian
criminal law and the perpetrator including law enforcement personnel are subject to criminal
liability. The Royal Government has taken serious prevention actions so far through training
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