A/HRC/45/51/Add.1
E.
Prison Reform and Torture Issue
15.
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”).
16.
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 and law dissemination among law enforcement personnel as well as
enforcement against perpetrators. In relation to pre-trial detention and its extension, it is upon
the prerogative of the judiciary to decide in accordance with the provisions stipulated in the
criminal code. Final court judgments are now shared with the prison authorities.
17.
Cambodia became the first ASEAN state to ratify the United Nations Optional
Protocol to the Convention Against Torture (OPCAT) on March 30, 2007 which in turn
established an official mechanism for the prevention against torture in 2009, namely the
National Mechanism for the Prevention Against Torture and its secretariat in 2010. Since
OPCAT was ratified, Cambodia has been visited twice by the Subcommittee for the
Prevention of Torture (SPT) in 2009 and 2013. In addition to good measures to prove that
rights of detainees are being protected the Royal Government has allowed the UN special
rapporteur Prof. Rhona Smith to visit places of detention on numerous occasions prior to
2018.
18.
Article 38 of the Constitution and Article 321 of the criminal code nullify confessions
derived from ill treatments or torture by the authority in the court of law. Articles 210 –215
of the CCKC, Article 25 and Article 81 of the 2011 Law on Prison as well as the prison
regulations handbook all prohibit torture on all forms committed by competent officers who
have the duty of care for detainees designated to them.
19.
The government also pays much attention on the rights of the detainees through the
regular inspection and monitoring of the prison situation in all provinces done by the
Cambodian Human Right Committee. Through this monitoring mission, the committee has
also intervened several cases related with issue of improper treatment and violence against
detainees and also disseminated the domestic and international rules and regulations related
with the rights of detainees among all stakeholders through the meeting with prison officials,
court officials, local authorities, police and detainees.
F.
Measure to protect and help vulnerable group from Covid-19
20.
To help protect and support the social and economic rights of the vulnerable group
form covid-19, the government has established a program to give cash handouts to the
country poorest households to alleviate the financial burden caused by coronavirus. The
program will provide 20$ to rural families and 30$ to urban families because living expenses
are higher in cities. The transfer will be supplemented by smaller payments for each family
member, and additional 10$ for live-in parents over the age of 60 and family members who
have HIV infections.
21.
The government will spend 25 million us dollar a month to provide money to 560,000
households identified by an existing program as the poorest, which account for about 2.3
million Cambodian, or about 14% of the almost 17 million populations. The cash transfer
will be carried out in June and July and will be extended or expanded in the following months
according to economic and coronavirus condition
G.
Administration of Justice, Lengthy pre-trial detention and Case
backlog
22.
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
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