A/HRC/45/51
people, with special emphasis on the most vulnerable sectors.34 Cambodia also supported the
recommendation of Australia to introduce an anti-discrimination law by 2023, guaranteeing
equality and explicitly prohibiting discrimination of all kinds, including on the basis of
religion, sexual orientation, gender identity and expression or sex characteristics. 35 She
encourages the Government to ensure that the recommendations accepted are fully
implemented and the principle of no one left behind is central to its policies and programmes.
1.
Persons deprived of liberty
38.
Following several visits to the Phnom Penh Social Affairs Transit Centre (Prey Speu),
the Special Rapporteur made extensive observations, raising concerns over a death in the
Centre and calling for the Centre, as currently set up, to be closed. 36 Information received by
the Special Rapporteur through OHCHR indicates that a 40-year-old man died at the Centre
on 31 January 2020. 37 The Special Rapporteur has not received any information on the
independent investigation into the death. Moreover, it appears that the Centre continues to
operate without a clear, transparent and accountable governance structure, regulatory
framework and procedures, and it still serves to detain so-called “undesirable” people,
subjected to round-ups by authorities. These include persons in street situations, drug users
and sex workers. The Special Rapporteur remains concerned over arbitrary detention and
other possible human rights violations occurring at the Centre, as well as the lack of
accountability. Access to adequate health care and treatment inside the Centre remains a
challenge, which is of particular concern in the light of the current COVID-19 pandemic.
39.
During previous missions, the Special Rapporteur visited and considered the position
of drug treatment and rehabilitation centres. 38 In this connection, the Special Rapporteur
welcomes the statement issued by the regional representatives of 14 United Nations agencies
on compulsory drug detention and rehabilitation centres in Asia and the Pacific in the context
of the COVID-19 pandemic.39 The statement calls, in particular, for the permanent closure of
compulsory drug detention and rehabilitation centres and the implementation of voluntary,
evidence-informed and rights-based health and social services in the community as an
important measure to curb the spread of COVID-19 and to facilitate the recovery and
reintegration of all persons into their families and communities.
40.
Concerning the drug treatment and rehabilitation centres in Cambodia, the Special
Rapporteur received information that as at 1 June 2020, a total of 6,517 persons were in 10
Government-run centres, 932 in private facilities and 100 in facilities operated by nongovernmental organizations. The current legal framework on compulsory drug rehabilitation
consists of the 2012 law on drug control and Circular No. 03 of 2006 on the Implementation
of Measures on Drug Education, Treatment and Rehabilitation for Drug Users. These
regulations fail to clearly specify the circumstances under which individuals can be
involuntarily detained, and which authorities have the ability to order compulsory detention
for the purpose of drug treatment, in particular whether it can only be imposed by a
prosecutor. The Special Rapporteur remains concerned that such lack of certainty may result
in arbitrary detention, and reiterates her concerns in this regard. 40 Moreover, it is clear that
these centres remain overcrowded, as indeed do the prisons, which are heavily populated
with persons detained for drug offences.41
41.
The Special Rapporteur notes with concerns that prisons in Cambodia remain
overcrowded, with the average occupancy across the country beyond 300 per cent of
capacity. According to the information received from the General Department of Prisons, as
34
35
36
37
38
39
40
41
A/HRC/41/17, para. 110.56.
A/HRC/41/17, para. 110.54; see also the recommendation of Uruguay in para. 110.53.
A/HRC/42/60, paras. 48–49.
According to information provided by OHCHR in translation from
http://nokorwatnews.com/archives/484174 (in Khmer), and confirmed by the comments received
from the Government in response to the draft report of the Special Rapporteur, along with details of
the death and investigation.
A/HRC/42/60, paras. 44–47; A/HRC/39/73, paras. 40–45.
https://bangkok.ohchr.org/wp-content/uploads/2020/05/UNJointStatement1June2020.pdf.
A/HRC/42/60, para. 47.
Ibid., para. 45.
9
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