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Coercion, physical abuse or any other mistreatment that imposes additional punishment on a detainee or prisoner is prohibited.
Persons who commit or participate or conspire in such acts will be punished in accordance with the law.
The Transitional Criminal Law (art.
57), Decree-Law No.
27 and the Criminal Procedure Law lay down the penalties for such violations.
132.
The Royal Government has prohibited all forms of secret detention. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
All persons in detention or custody whose names do not appear in the prison register are regarded as being arbitrarily detained and must be released immediately on the orders of the public prosecutor (art.
16 of the Transitional Criminal Law).
Any person who resorts to arbitrary imprisonment “without the warrant of the court” is liable to punishment (art.
35 of the Transitional Criminal Law).
133. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
35 of the Transitional Criminal Law).
133.
In order to avoid any case of arbitrary detention which could give rise to torture, officers of the criminal investigation service must bring accused persons before the competent magistrates within 48 hours at most (arts.
38-47 of the Criminal Procedure Law and art.
13, para.
1, of the Transitional Criminal Law).
134.
The location and designation of places of custody and prisons in Cambodia are officially determined. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Every place of custody and every prison keeps a register of the names, ages and addresses of the persons detained CCPR/C/81/Add.12 page 24 therein, in addition to the date of and reason for their arrest.
In the case of detained persons, the register also indicates the date on which they were brought before a magistrate; in the case of convicted persons, it includes the date of conviction and the nature of the sentence (art.
8 of the Transitional Criminal Law).
135. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
8 of the Transitional Criminal Law).
135.
When the procedure has been violated, a defendant is entitled to request the judge, either directly or through his counsel, to order his release.
The judge is obliged to reply by way of a reasoned decision within five days (art.
14).
If the error constitutes a serious breach of the right of defence, the defendant must be released immediately (art.
22 of the Transitional Criminal Law).
136. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
22 of the Transitional Criminal Law).
136.
The public prosecutor, the judge, a doctor and counsel for the defence are all authorized to visit places of detention and to inspect conditions of detention at any time (art.
9 of the Transitional Criminal Law).
Some doctors have been designated by the Ministry of Health to check the medical condition of detained or imprisoned persons twice a week.
137.
In 1995 there were few cases of physical abuse during interrogations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The royal prosecutors attached to provincial and municipal courts monitor such abuse closely.
As of 1996, the Ministry of Justice decided to assume responsibility for the administration of detention centres and prisons.
A draft decree-law on this matter has been submitted for the approval of the Council of Ministers.
138.
In 1994 it was reported that there was a secret prison at Vat Chhoeu Khmao in Battambang province, where people had been arrested, detained, tortured and killed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Upon receiving this information, the Royal Government ordered an urgent inquiry.
On 10 June 1994 the military prosecutor visited the site and confirmed the existence of the secret prison and cases of arbitrary detention at Chhoeu Khmao and Vat Paccha (report No.
229/94 of the Military Prosecutor’s Office, dated 11 July 1994).
139. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
139.
The Ministry of National Defence ordered the Chief of the General Staff to close down the two detention centres and requested the prosecutor of the military court to prepare an indictment against the individuals concerned.
At the same time, the Government set up an inter-ministerial commission of inquiry.
Following successive inquiries, the commission found that there was no longer any trace of the prison and no further cases of illegal custody had been reported.
140. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
140.
On 5 February 1995 in Battambang, two inhabitants of Maung Russey were arrested and shot dead by military personnel who had accused them of belonging to the Khmer Rouge.
The examining magistrate ordered warrants to be issued for the detention of two suspects, a police officer and a member of the armed forces.
However, the two suspects were released shortly afterwards when a dismissal order was issued in their favour on the basis of lack of evidence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
On 15 August 1995 the Battambang court handed down a default judgement convicting three fugitives of the crime of homicide.
141.
In order to make the prohibition of torture and other barbaric acts more effective, the Ministry of Justice, the Ministry of the Interior and the CCPR/C/81/Add.12 page 25 Ministry of Health issued a joint order on 7 July 1993 prohibiting the use of handcuffs and chains in all detention centres and prisons in Cambodia.
142. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
142.
The Royal Government, in cooperation with the United Nations Centre for Human Rights, is continuing to organize human rights training for police officers, military personnel, judges, prosecutors and administrative staff of prisons and detention centres.
In addition, a number of NGOs have participated in the organization of similar courses for Cambodian citizens in rural and urban areas.
143.
The Royal Government has improved conditions in prisons and detention centres, eliminating the dark cells. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Relatives, friends, the prosecutor, the accused's lawyer or defender, and a doctor may visit prisoners and inspect prisons and detention centres.
144.
Prisoners are entitled to lodge complaints or accusations against any official who carries out acts of torture on their person.
Those responsible will be punished in accordance with article 57 of the Transitional Criminal Law and victims have the right to claim damages in accordance with article 5 of the Criminal Procedure Law.
145. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
145.
No person in Cambodia is subjected to medical or scientific experimentation without his consent.
Article 8 Prohibition of slavery, the slave trade and institutions and practices similar to slavery Paragraph 1 146.
The Kingdom of Cambodia acceded to the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery on 12 June 1957. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In line with this Convention, the Cambodian Constitution recognizes and respects the rights of every individual regardless of race, colour, sex, language or religious belief, and prohibits all forms of physical abuse and violations of human honour and dignity (arts.
31 and 38, paras.
1-4).
147.
Anyone who violates the provisions listed above is punishable by law.
Slavery was definitively abolished in Cambodia in 1955. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, during the Democratic Kampuchea regime from 1975, citizens were enslaved, forced to transport weapons and munitions and made to perform many and various forms of hard labour.
Paragraph 2 148.
Under articles 45, 46 and 48 of the Cambodian Constitution, no one may be held in servitude or be subjected to any form of exploitation.
The exploitation of women through their work or by means of prostitution, and the exploitation of child labour and the labour of other persons is prohibited. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 26 149.
The Transitional Criminal Law also imposes a heavy penalty on anyone who has procured or abducted a minor for the purposes of prostitution or has exploited the use of children in prostitution, even with their consent (art.
42).
150.
Notwithstanding this legal interdiction, increasing numbers of women have been abducted for the purposes of trafficking and underground prostitution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In 1994 an unregistered company procured 11 Cambodians and subsequently sold them in Malaysia, either for domestic service or for prostitution.
On 16 January 1996, the National Assembly passed a law on the procurement of persons for sale or prostitution, which prescribes a penalty of between 5 and 15 years’ imprisonment for persons who commit such a crime.
If the victim is a minor under 15 years of age, the sentence increases to 20 years.
Paragraph 3 151. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 3 151.
Cambodia ratified the International Labour Organization (ILO) Convention concerning the Abolition of Forced Labour on 24 February 1969 and a detailed report on the implementation of that Convention is being prepared by the Ministry for Social Welfare.
This report will be submitted to ILO in the near future. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In accordance with article 8, paragraph 3, of the Covenant, the Constitution stipulates that Cambodian citizens of either sex shall have the right to choose any profession according to their ability and the needs of society (art.
36).
Labour law prohibits the employment of children.
Owing to poverty, however, a number of families have urged their children to start earning a living at a very early age.
Article 9 Liberty and security of person Paragraph 1 152. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Although the Constitution guarantees and provides solely for the protection of the rights and freedoms of Cambodian citizens, in practice the relevant State organs and especially the courts respect the rights and freedoms of all persons in Cambodian territory.
The individual’s right to liberty and security of person is protected and guaranteed by article 32 of the 1993 Constitution, which states that “every person shall have the right to life, liberty and security of person. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
No one may be arrested or detained arbitrarily”.
This right is guaranteed by the Transitional Criminal Law.
153.
Article 12 of the Transitional Criminal Law lays down the conditions governing arrest and detention in accordance with the principles established by the United Nations.
Article 13 stipulates that detention must be sought by the prosecutor and ordered by a judge after a period of 48 hours. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 15 states that the administrative police are not entitled to detain individuals, and there is no authorization for arresting individuals in connection with offences not provided for by law.
Article 19 specifies the conditions for the arrest of suspects.
Article 22 states that, where an arrest has been made in breach of the proper procedure, the individual concerned must be released.
CCPR/C/81/Add.12 page 27 154. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 27 154.
The Criminal Procedure Law stipulates that a suspect may be arrested only on the basis of an arrest or detention warrant (art.
35); officers of the criminal investigation service have the right to arrest individuals thought to be guilty of an offence (art.
47); officers of the criminal investigation service do not have the right to decide that the file concerning a criminal case should be closed (art.
48).
155. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
48).
155.
The law protects and safeguards rights in accordance with the provisions of article 9, paragraph 1, of the Covenant, but in practice law-enforcement officials do commit violations, such as arresting suspects without a warrant issued by the prosecutor or the examining magistrate, and detaining suspects for longer than the six-month period established by law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In March 1994, for example, the police arrested a clerk in Kratie without the authority or warrant of the court; in Svay Rieng, in December 1994, the provincial governor ordered the release of a gendarme who had been arrested following the issuance of a judicial warrant; at Siemreap in March 1995 a parliamentary deputy and the deputy provincial governor ordered the release of a suspect who had been arrested following the issuance of a judicial warrant.
156. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
156.
The most serious infringements of personal liberty and security are committed by the armed forces of the Khmer Rouge, who rob, plunder and murder innocent civilians and destroy their homes and possessions.
People who live in areas under Khmer Rouge control lack the means to protect their personal liberty and security.
The only law known to the Khmer Rouge is the gun.
Those who are thought to be guilty are shot dead without any form of trial.
157. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
157.
Abuses of the provisions of article 9, paragraph 1, of the Covenant are inevitable considering the wide range of problems which the country faces.
Nevertheless, the Royal Government has not remained inactive.
It is endeavouring to take appropriate measures to ensure that the provisions of the Covenant are gradually implemented under better conditions.
158.
The Royal Government is currently taking the following measures. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry of Justice is drafting a new Criminal Code and Code of Criminal Procedure, both of which will provide for the elimination of all forms of arbitrary detention; pursuant to a proposal put forward by the Ministry of Justice, the Royal Government has authorized judicial proceedings to be instituted against officials of all ranks for abuses of power and breaches of the law (letter 351 of 6 March 1995).
159. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
159.
With reference to the Law on the Outlawing of the Democratic Kampuchea Group, any member of the Khmer Rouge who is arrested or gives himself up after the specified grace period, and who committed a crime prior to the date of his arrest or surrender, must be punished under the criminal law in force.
Paragraph 2 160. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 2 160.
Respect for the right of liberty and security of person is demonstrated by the fact that, since 1994, anyone placed under arrest is to be informed immediately of the charges against him and his rights, in particular his right to have a lawyer present.
In 1994-1995, the Ministry of Justice trained 33 lawyers, in addition to the 70 defenders already practising.
Another training CCPR/C/81/Add.12 page 28 course for 45 new lawyers began in February 1996. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Since 1995 there have been fewer cases of persons being arrested or detained without approval from the prosecutor or the examining magistrate.
Paragraph 3 161.
Anyone held in police custody or arrested in connection with an offence must be brought before the prosecutor or examining magistrate within 48 hours.
Upon a referral from the prosecutor, the examining magistrate may either remand the person in custody or release him on bail (art. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
13 of the Transitional Criminal Law), and in either case he must cite the reasons for his decision.
Anyone charged with an offence who has been arrested or detained must be tried within six months therefrom (art.
21 of the Transitional Criminal Law).
162.
The detainee may, either through his counsel or personally, request that he be released on bail pending trial.
The judge must rule on the matter within five days (art.
14 of the Transitional Criminal Law). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
14 of the Transitional Criminal Law).
The judge must cite the reasons for his decision either to refuse or to grant conditional or unconditional release on bail.
Regarding the payment of bail to secure release pending trial, article 65 of the Criminal Procedure Law states that “if the judge believes that the detainee may be released with or without the payment of bail, he shall decide this matter before considering the substance of the case. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
He shall act in the same way if the detainee makes a specific request to be released on bail”.
163.
The three principles referred to above are enforceable throughout Cambodia.
In practice, however, the following shortcomings are to be noted: (a) Generally speaking, the principle that every detainee must be brought before the prosecutor within 48 hours is observed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In certain areas, however, this time limit is not rigorously adhered to by the police, who still deliberately keep accused persons in detention for more than 48 hours in order to pursue their inquiries before referring the case file and the detainee to the prosecutor; (b) The obligation to try a person without undue delay, i.e.
within six months of the date of arrest, is likewise observed.
In practice, however, some remand prisoners are detained for longer than six months without trial. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Statistics show that in November 1994 the Ministry of Justice identified 85 such cases out of a total of 670 persons charged.
These shortcomings may be attributed to various causes: the increase in the case load, staff shortages, a lack of qualified members of the judiciary, and limited resources.
The inquiries and investigations carried out by duly empowered officers are not yet at a very advanced level, preventing them from keeping within the time limits. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Lack of funds and modern investigative tools are additional problems; (c) Release on bail pending trial raises serious practical problems because it is by no means certain that defendants will appear for trial, and having to rearrest them would pose even greater problems.
164.
One of the measures instituted by the Royal Government is the monthly visit to prisons by representatives of the Ministry of Justice. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
When these CCPR/C/81/Add.12 page 29 representatives uncover cases of detention exceeding six months, they request the court to be convened urgently to try them.
The extent of the problem caused by failure to observe the time limit for pre-trial detention has greatly diminished.
For example, in Phnom Penh in August 1994, 41 out of a total of 216 defendants were held in detention for longer than six months; by November 1994, that figure had fallen to just 13. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry of Justice is currently training 42 additional judges for provincial and municipal courts.
Paragraph 4 165.
There is no provision in Cambodian legal procedure which specifically states that persons in custody or under arrest have the right to request a court to examine and rule on the lawfulness of their detention.
Article 14, paragraph 2, of the Transitional Criminal Law merely provides that “the accused has the right to ask the judge, either directly or through his counsel, to release him. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The judge must respond within five days in the form of a reasoned order”.
166.
When the police arrest a suspect and bring him before the prosecutor immediately, the latter must order the detainee’s immediate release if the charges and evidence lack substance.
The release of defendants or suspects often creates friction between the police and the courts.
The police criticize the courts for deliberately releasing individuals whom they have made every effort to arrest. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
This disaffection is the result of a limited understanding of legal matters and poor relations between the two institutions.
Paragraph 5 167.
Under the Transitional Criminal Law, victims of arbitrary arrest or detention are entitled to seek compensation by bringing criminal indemnification proceedings (art.
35).
At present, however, most victims are unfamiliar with the law and are simply glad to be released.
As a result, they do not seek compensation.
168. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
As a result, they do not seek compensation.
168.
The Ministry of Justice has drafted a criminal procedure bill which includes the right of victims of abuses to claim damages.
Article 10 Humane treatment of detainees Paragraph 1 169.
Articles 31 and 38 of the Constitution recognize and ensure respect for human rights and guarantee the physical integrity of the individual and the life, honour and dignity of every detainee or prisoner, who must not suffer any act of torture or inhuman treatment.
170. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
170.
In accordance with article 38, paragraphs 1-4, of the Constitution, detainees and prisoners have the right to be treated decently and humanely.
Their human dignity is accorded the same recognition as anyone else's.
Paragraph 4 of this article stipulates that any coercion, physical abuse or CCPR/C/81/Add.12 page 30 other treatment that imposes additional punishment on a detainee is strictly prohibited. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Persons who commit or participate or conspire in such acts are to be punished according to the law.
Article 9, paragraph 1, of the Transitional Criminal Law states that the prosecutor or the judge may visit detention centres and detainees at any time.
Article 12, paragraph 1, of the Transitional Criminal Law provides that no detainee is to be subjected to cruel, inhuman or degrading treatment, nor is he to be beaten or tortured.
All detainees must have access to appropriate medical care. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Prisoners are not to be restrained using handcuffs or irons, nor must they be kept in solitary confinement in dark cells, either on remand or following conviction.
Family members of detainees or prisoners are not to be threatened in any way on account of acts committed by the detainee or prisoner.
171. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
171.
With regard to the custody of detainees, the Ministry of Justice, the Ministry of the Interior and Security and the Ministry of Health issued a joint order on 7 July 1993 prohibiting the use of shackles and chains on detainees and placing all detention centres under their supervision.
Detention centres and prisons are supervised by these three ministries.
172.
Pursuant to the joint order, the Ministry of Justice has addressed an official directive (No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
509 dated 13 September 1993) to all provincial and municipal prosecutors requesting them to visit detention centres at least twice a month to check on the legality of conditions of detention, in accordance with the provisions of articles 9 and 12 of the Transitional Criminal Law.
For its part, the Ministry of Health has urged all hospital administrators to cooperate closely with local authorities to monitor the health of detainees (letter No.
816 dated 3 May 1994). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
816 dated 3 May 1994).
Medical officers make visits to detention centres twice a week, but they lack the medicines to treat patients.
The Ministry of the Interior has requested all provincial and municipal police commissioners to cooperate with hospitals in taking care of detainees (letter No.
653 dated 4 August 1993).
173.
The Royal Government has set the daily food allowance at a rate of 1,000 riels per detainee (sub-decree No.
9 dated 15 November 1993). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
9 dated 15 November 1993).
This sum corresponds to the salary of middle-ranking State officials.
174.
Detainees also have the right to send out one letter a month and to receive a visit from family members once every two months.
This period may be shortened depending on the extent of the detainee's rehabilitation (arts.
23-25 of the 1983 internal regulations for rehabilitation centres under the Ministry of the Interior of the People’s Republic of Kampuchea). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Medical officers and lawyers may also be authorized to make prison visits.
175.
There are currently 24 prisons and detention centres in Cambodia.
At the end of 1994, there were 803 convicted prisoners, including 15 women, and 670 unconvicted detainees, including 12 women.
176.
The dark cells were abolished after the 1993 elections, but the buildings containing them have not yet been demolished because of the risk to adjoining structures, which are in an advanced state of disrepair. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Whatever the severity of their punishment and the nature of their crime, convicted prisoners must not be kept in solitary confinement.
The use of shackles and CCPR/C/81/Add.12 page 31 chains has been prohibited by the joint order, but such instruments continue to be applied to recalcitrant and dangerous prisoners in order to keep the peace in prisons.
177.
Changes have taken place since the establishment of the interim Government in 1993. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, the situation is still unsatisfactory and international standards are not always adhered to.
Circumstances vary from one place to another.
All Cambodian penal institutions are dilapidated and the level of training and responsibility of prison officials vary widely.
178.
Problems persist in all areas relating to the living conditions of detainees and prisoners because Cambodia is currently facing considerable economic and financial hardship. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
For example, Cambodian prisons date from the colonial period and their dilapidated state does not meet current requirements.
Moreover, the staff responsible for penal institutions lack in-depth training in human rights matters. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Royal Government has nevertheless made an effort to rectify these problems gradually: the detention centre at the criminal investigation service in Phnom Penh has already been renovated and excess detainees have been transferred; the Cambodia Office of the United Nations Centre for Human Rights has organized a seminar for prison administrators which was also attended by prosecutors; the organization Médecins du Monde and the Cambodian League for the Promotion and Defence of Human Rights have provided doctors and medicines to treat sick detainees. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 2 179.
Article 38, paragraph 7, of the Constitution states that “every accused person shall be considered innocent until finally convicted by the court”.
Article 25 of the Transitional Criminal Law sets forth the same principle of the presumption of innocence.
Article 8, paragraph 1, of the same Law furthermore states that “the purpose of the prison system is social rehabilitation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
All prisoners shall be treated in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners”.
Thus, in principle, prisoners awaiting trial are segregated from convicted persons and are accorded different treatment appropriate to their status as unconvicted persons.
180.
The segregation of untried and convicted prisoners is not yet a reality in Cambodia owing to the shortage of space. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The criminal investigation service in Phnom Penh does have a pre-trial detention facility for remand prisoners.
However, since its capacity is limited, some remand prisoners are held in other premises intended for convicted persons.
Provincial police stations do not have pre-trial detention facilities; remand prisoners are held at the provincial prison, but they are separated from convicted prisoners.
181. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
181.
Because they are kept in the same prison as convicted prisoners, untried detainees are subject to the same arrangements in respect of administration, food and visits as convicted prisoners.
They must submit to the same discipline.
However, they have the right to wear their own clothes, to be sent food from outside and to receive visits more frequently than convicted prisoners.
CCPR/C/81/Add.12 page 32 182. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 32 182.
In the immediate future, the Royal Government is unable to ensure the effective implementation of the principle of segregating convicted and untried prisoners because the country is experiencing serious economic and financial problems.
However, it reiterates its request to international organizations to provide assistance in the matter of prisons with a view to resolving the country’s problems. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
At the Ministerial Conference on the Rehabilitation and Reconstruction of Cambodia held in Paris, the Ministry of Justice requested help in renovating eight penal institutions to ensure that they meet required standards.
183.
Although untried and convicted prisoners may be held in one and the same prison, they are segregated according to the nature of the offence they have committed or the charges against them, and also according to sex.
Female detainees are guarded by female personnel. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Female detainees are guarded by female personnel.
But in some penal institutions, such as T3 prison in Phnom Penh, there are no female prison officers.
184.
According to article 14, paragraph 5, of the Transitional Criminal Law, juveniles under the age of 13 years may not be remanded in custody.
Juveniles between the age of 13 and 18 years may not be remanded in custody for more than two months.
This period may be extended to four months if they are accused of a serious offence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Young prisoners must be segregated from adults and must undergo personal rehabilitation in a special institution.
At the end of 1994 there were 28 juvenile inmates.
The Royal Government has authorized the establishment of a rehabilitation centre for juveniles under the age of 18 (sub-decree No.
17 dated 18 April 1994).
Paragraph 3 185. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
17 dated 18 April 1994).
Paragraph 3 185.
Despite the lack of a law or standard for the segregation of categories of prisoners, in practice the Cambodian Government has acted on the basis of paragraph 8 of the United Nations Standard Minimum Rules for the Treatment of Prisoners and the internal regulations of prisons and detention centres issued in 1983 by the Ministry of the Interior, with a view to facilitating the administration and rehabilitation of all categories of prisoners.
186. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
186.
Convicted and untried prisoners are permitted to read newspapers, books and magazines, and to practise their religious faith.
This also contributes to the improvement of their mental state (art.
5 of the internal regulations for rehabilitation centres).
In addition, prison officials have organized workshops for untried and convicted prisoners, according to the category involved, in order to teach them how to live in a law-abiding manner. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Untried prisoners also take part in workshops designed to elicit criticism and self-criticism of their personal conduct and to encourage respect for the internal regulations of the prison.
These workshops are themselves a kind of education, enabling prisoners to adapt to the discipline of the law (art.
17 of the internal regulations for rehabilitation centres).
187.
The Ministry of the Interior has also prepared a draft order on prison administration in conformity with international standards. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 33 Article 11 Prohibition against imprisonment for failure to fulfil a contractual obligation 188.
Article 11 of the Covenant provides that “no one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation”.
This means that no one may be imprisoned for debt.
Failure to pay a debt may be due to the debtor's insolvency and poverty. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, the 1992 Law on the procedure for execution of civil judgements does authorize imprisonment for debt in cases where the debtor is solvent but persists in refusing to repay the debt (arts.
125-128, 131-133, 136-137 and 139).
189. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
189.
However, the Law makes exceptions for everyone meeting the conditions established in article 132: “The court shall not order civil imprisonment against the following: Minors under 18; Men over 70 and women over 65; Disabled people; Pregnant women and women with children under three; Guarantors; The debtor's relatives through the fourth generation; Debtors owing less than 100,000 riels; The debtor's heirs”; and authorizes the debtor's release in cases of serious illness (art. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
134), at the creditor's request (art.
135) or in cases of failure to pay an allowance (art.
141): “If the creditor fails to pay maintenance, the debtor shall be released on the day following the expiry of the time-limit set for that purpose.” 190.
Generally speaking, this law is not applied to insolvent and impoverished debtors.
In keeping with the country's situation, it is applied only to delinquent debtors. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
It should be noted that imprisonment for debt does not appear in the draft new Code of Civil Procedure.
Article 12 Liberty of movement and freedom to choose one's residence Paragraph 1 191.
The Kingdom of Cambodia strictly enforces article 12 of the Covenant, in that Cambodian citizens and foreigners lawfully resident in Cambodia have the right to liberty of movement and freedom to choose their place of residence CCPR/C/81/Add.12 page 34 within the country (Constitution, art.
40). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
40).
Cambodians are forbidden to travel to or settle in certain outlying areas because of insecurity owing to the Khmer Rouge and minefields.
The east and north of the country are the regions primarily affected.
192.
In the 1980s movement was strictly controlled because of infiltration by the Khmer Rouge.
People are now free to travel or change residence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
People are now free to travel or change residence.
However, some groups of dishonest individuals have set up illegal checkpoints in an attempt to extort money from travellers on the pretext of ensuring road safety.
After the elections, the Royal Government had ordered the elimination of all such checkpoints.
But groups of armed individuals who demand money from vehicles transporting passengers and goods still exist. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Despite its efforts, the Royal Government faces serious difficulties in combating such practices; it is in the process of reorganizing the military structure to strengthen discipline within the armed forces.
Paragraph 2 193.
Pursuant to article 12, paragraph 2, of the Covenant, Cambodian citizens may settle abroad or return to their own country (Constitution, art.
40, para.
2).
The exit visa for leaving Cambodia was eliminated for Cambodian citizens in 1992. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry of the Interior is competent to issue standard passports to citizens.
The Ministry for Foreign Affairs and International Cooperation is competent to issue duty passports to civil servants.
Foreigners are entitled to leave Cambodia freely.
An application to reside in Cambodia must meet the requirements of articles 6 and 23 of the Immigration Law.
194. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
194.
Any foreigner involved in an offence who has not been tried is not authorized to leave Cambodia; an example was the case of three foreigners charged with drug trafficking, who were arrested and detained by the competent authorities on 4 January 1995.
On 31 July 1995, the court at Phnom Penh sentenced the three drug traffickers to 10 and 5 years' imprisonment.
Paragraph 3 195.
Cambodian legislation provides for restrictions on freedom of movement. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Such restrictions are necessary for national security, public order, health and the smooth functioning of society, or to protect the freedom of others, and in no case undermine the rights recognized by the Covenant.
196.
The Immigration Law stipulates that non-immigrant foreigners may reside in Cambodia on three conditions: they must have authorization from the Royal Government of Cambodia, hold a passport or other equivalent document, and pay the entry visa tax (art.
8). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
8).
In the absence of any of these conditions, foreigners are not authorized to enter Cambodia, unless there is a decision to the contrary by the Royal Government (art.
39, para.
1).
In the event of a threat to national security, the competent authority may refuse entry into Cambodia even if the non-immigrant foreigner has met all the conditions established in article 8 (art.
9).
197. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
9).
197.
If necessary, the Minister of the Interior may prohibit entry or settlement in a certain region or exit therefrom (art.
17).
This occurred in CCPR/C/81/Add.12 page 35 the region where the Khmer Rouge had taken hostage three foreigners, a Frenchman, an Englishman and an Australian, on 11 April 1994.
The Royal Government had barred journalists' access to the area at the time.
198. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
198.
Foreigners who are settling or have just settled in Cambodia must be cleared by the provincial or municipal police authority (Immigration Law, art.
22).
With regard to foreigners applying to resume residence in Cambodia, the Royal Government authorizes only those in possession of papers proving that they lived in Cambodia under the former regime, i.e.
before 1975. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
before 1975.
The Royal Government is currently looking into the question of foreigners who have lived in Cambodia since 1979 and who returned to Viet Nam out of fear of massacres by the Khmer Rouge: those in possession of papers proving that they lived in Cambodia before fleeing to Viet Nam will be given permission to return.
Paragraph 4 199.
All Cambodian citizens residing abroad have the right to return to their country with no legal restrictions (Constitution, art.
40). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
40).
They are not to be exiled from their country (art.
33).
Article 13 Right of aliens not to be unlawfully expelled 200.
Any alien who violates the provisions of the Immigration Law may be expelled from the Kingdom of Cambodia pursuant to a decision by the Minister of the Interior (Immigration Law, art.
35).
The following are grounds for expulsion: (a) Behaviour and activities that undermine the national security of the Kingdom of Cambodia (art.
36). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
36).
(b) A clear and reliably attested attempt to undermine the security of the Kingdom of Cambodia (art.
36).
(c) Non-possesion of a work permit (art.
36).
(d) Illegal entry into Cambodia (no entry visa) (art.
37).
Aliens who have applied for political asylum are not expelled from Cambodia, in accordance with international agreements.
201.
According to law, the expulsion of aliens may be ordered only by the Minister of the Interior (art.
35). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
35).
The expulsion must take place no more than seven days after the Minister's decision, except in cases where the court has ordered a stay of execution (art.
39).
Aliens who have been the subject of expulsion measures in Cambodia have the right to seek a remedy before the court within a period of two months (art.
38).
Mass expulsion measures are prohibited. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
38).
Mass expulsion measures are prohibited.
The competent Cambodian ministers have expelled a number of aliens for violating Cambodian law, including nine Thais who posed a threat to the security of Cambodia in 1994.
Arrangements are made with the embassy in question prior to expulsion.
CCPR/C/81/Add.12 page 36 Article 14 Equality before the law and right to a fair trial Paragraph 1 (a) Equality before the law 202.
Equality before the law is the foundation of social justice in a democracy. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Constitution of the Kingdom of Cambodia guarantees the equality of all before the law: All citizens are equal before the law (art.
31.2); Everyone has the right to defend himself in a court of law (art.
38.8); All citizens have the right to report an offence, to lodge a complaint and to seek compensation for any injury sustained (art.
39).
203.
Thus, the principle of the equality of all individuals before the law is guaranteed and protected by the Constitution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In practice, however, this principle is not yet properly applied.
Many factors exist which weaken this principle.
204.
Problem of impunity: Many detainees have been lawfully tried within the time-limit established by law (Transitional Criminal Law, art.
21.1).
However, as indicated earlier, many others have been detained without trial beyond the six-month period.
It has not been possible to arrest and try some suspects serving in the armed forces. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
For example, on 29 March 1994, one soldier from Battambang, supported by several others, attacked the prison in an attempt to obtain the release of persons imprisoned for drug trafficking; a general in Kratié ordered his deputy and two other subordinates to make threats against the prison to obtain the release of a prisoner.
205.
Judges' fears: Judges are fearful, owing to threats against their own lives and those of members of their families. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The following cases of intimidation of judges and threats against their lives have been reported.
On 13 May 1994, members of the military attacked the home of the prosecutor at the Kampong Som court in an attempt to kill him.
A few hours later they burst in on a court hearing.
The judge, prosecutor and court clerk became frightened and fled. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
On 7 July 1994, members of the military entered the courthouse at Phnom Penh, seeking to intimidate the judges; on 7 July 1994, members of the military entered the courtroom of the Kandal tribunal in an attempt to intimidate the judges.
Such events make judges fearful of carrying out their functions.
206. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
206.
On 28 December 1995, an attempt to enforce a judgement by the civil court at Phnom Penh met for the third time with organized obstruction from a group of gendarmes armed with pistols, rifles and submachine guns.
The Minister of Justice, determined to prevent the violation of the law, intervened to enable the court to enforce its judgement, which it succeeded in doing on 11 January 1995. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In a violent incident which also took place CCPR/C/81/Add.12 page 37 on 28 December 1995, 200 members of the congregation and bonzes from a pagoda in the Kg.
Tralach district, province of Kampot, armed with machetes, axes, clubs and diesel oil mixed with acid, ransacked the court building at Kampot, destroying the fence, front door, offices, chairs and other equipment, including 100 civil and criminal case files. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The cause of the incident was the court's decision to restore to the pagoda a disputed piece of land on which the people were living, at the pagoda's request.
The losing party appealed, but at the urging of the representative of the local authority, it did not wait for the verdict of the Court of Appeal.
The Minister of Justice, with his usual determination, approached the Minister of the Interior to ensure that such events would not recur in any province or municipality, particularly Kampot. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
He also ordered the prosecutor at Kampot to open an urgent investigation into the case and bring to justice those responsible for the violent event in question.
207.
Corruption of judges: Judges must dispense justice in accordance with the law, must not be influenced by personal feelings and must not receive benefits from the people they try.
However, this cannot be fully guaranteed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, this cannot be fully guaranteed.
Some judges, unable to bear the difficulties of their daily living conditions, accept bribes and take biased decisions, thus weakening the principle of equality before the law.
208.
Inequalities in legal defence: The law guarantees every person charged with a criminal offence the right to defend himself.
Article 38, paragraph 8 of the Constitution and article 10 of the Transitional Criminal Law guarantee the accused the right to legal assistance. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 76 of the 1993 Criminal Procedure Law authorizes accused persons to defend themselves or to ask the court to assign them a defender.
Despite this legal guarantee, it is not possible to ensure an equal defence to all, especially to accused persons who have no knowledge of the law or who are poor and cannot afford to pay someone to defend them. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Even in cases where the accused do have defenders, the latter encounter problems in performing their duties as they are, occasionally or systematically, refused permission to meet their clients in prison.
This jeopardizes the principle of equality before the law.
(b) Fair and public hearing by a competent, independent and impartial tribunal established by law 209. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Independence of the judiciary: According to the 1993 Constitution, the judicial branch is an independent branch of government in the Kingdom of Cambodia (art.
109.1).
Neither the legislature nor the executive branch can exercise judicial power (art.
111).
The independence of the judiciary is guaranteed by the King (art.
113.1).
The Supreme Council of Justice is to assist the King in guaranteeing the independence of the judiciary (art.
113.2). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
113.2).
The independence of judges is also guaranteed by article 1 of the Transitional Criminal Law, in conformity with the United Nations Basic Principles on the Independence of the Judiciary.
The independence of the judiciary is guaranteed by law.
However, practice has shown that, owing to interference and pressure from other branches, the courts are not fully independent.
CCPR/C/81/Add.12 page 38 Relationship between the Ministry of Justice and the courts 210. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
According to the law on the organization and functioning of the judicial bodies of the State of Cambodia, which is still in force, the Ministry of Justice has a very close relationship with the courts, which it is in charge of administering.
Nevertheless, judges enjoy sufficient independence in taking their decisions, i.e.
they do not have to ask the Ministry of Justice for its opinion before handing down a decision, and the Ministry of Justice does not interfere in judges' decisions.
211. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |