Dear friends,
The Asian Human Rights Commission (AHRC) wishes to forward to you the following press release from a group of Cambodia NGOs.
Asian Human Rights Commission
Hong Kong
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A Press Release from a group of Cambodian NGOs forwarded by the Asian Human Rights Commission (AHRC)
Cambodia before the Committee Against Torture:
Media Release
Phnom Penh, 8 November 2010
Ahead of Cambodia’s review by the UN Committee Against Torture (CAT) at its 45th session on 9 November 2010 in Geneva, a group of Cambodian NGOs call on the Royal Government of Cambodia to comply with its obligations under the Convention Against Torture. 146 States have joined up to this landmark Convention, undertaking to prevent, prosecute and provide reparations for torture and end impunity for one of the worst crimes known to mankind.
Cambodia acceded to the Convention in 1992. After its initial report in 2002, the Royal Government of Cambodia submitted in 2009 its second periodic report to the Committee Against Torture. This report will be reviewed on 9 November 2010 by the Committee which will later issue its observations and recommendations.
Ahead of this review session, a group of Cambodian NGOs submitted a joint parallel report to the Committee in order to provide a robust, collective analysis from local civil society actors. In doing so, we want to raise awareness of the situation of torture and other ill-treatment in Cambodia and other important issues in relation to the Convention against Torture. In addition, we hope that this information will assist the Royal Government of Cambodia in identifying current problems and taking swift action to fulfil its obligations under the Convention.
This year has seen on 26 July 2010 the first verdict before the Extraordinary Chambers in the Courts of Cambodia (ECCC) which concerned the notorious and wide scale use of torture at Tuol Sleng, the S-21 security prison used during the Khmer Rouge regime. The conviction of the former director of this torture center for crimes against humanity and war crimes should send a strong signal for ending impunity for torture in Cambodia.
As our report will show, 18 years after Cambodia’s ratification of the Convention Against Torture, the situation of torture and other cruel, inhuman or degrading treatment in Cambodia is still of concern. The evidence collected by various NGOs indicates that the majority of cases of torture occur in police custody, often in the form of extracting confessions. The lack of appropriate detention cells at police stations results in arrested persons often being shackled for prolonged periods. It is in this setting that the most common forms of torture and ill-treatment are imposed, including beatings, crushing of limbs, electric shocks, intimidation and threats to family and friends. The fact that detainees are not allowed to contact a lawyer during the first 24 hours of custody combined with the complete absence of proper monitoring of police stations fosters an environment in which torture and other forms of ill-treatment are widespread.
The Cambodian criminal justice system continues to rely on incarceration as the default punishment for both defendants awaiting trial and convicted criminals. As a consequence, individuals awaiting trial face excessive pre-trial detention periods, often to the extent that they are kept in pre-trial detention longer than the maximum prison term for the charged offence. Other non-custodial measures like bail are not applied to counter this development. This over-reliance on incarceration is directly responsible for Cambodia’s ever growing prison population and the overcrowding of detention centers, resulting in poor prison conditions.
Those having suffered or witnessed acts of torture or ill-treatment have no effective way to make complaints against responsible police or other state officials. The lack of a comprehensive and transparent system of receiving complaints against the police and other law enforcement officials is one of the most serious obstacles for the State to fulfil its obligations as provided in the Convention. The Government has not established a national preventive mechanism that is independent and in accordance with its obligations under the Optional Protocol to the Convention against Torture (OPCAT).
The country’s legal and judicial system is unable to effectively prevent and punish acts of torture. The definition of the term “torture” remains unclear under Cambodian law, and the Government has not used the opportunity as provided by the new Penal Code to include a definition of torture in line with Article 1 of the Convention. Furthermore, prompt and impartial investigations of alleged acts of torture take rarely place. In fact, we are not aware of any prosecutions of law enforcement officials for torture-related crimes in the past five years. In addition, victims’ fear of reprisals is a major barrier to any formal complaint, and the State does not provide victims and witnesses with any form of protection mechanism. Finally, there exists no comprehensive system of compensation and rehabilitation for victims of torture in Cambodia.
By agreeing to be bound by the Convention Against Torture, the Cambodian Government has taken an important step to end torture. In the spirit of this commitment, we now call on the Government:
- To cooperate fully with the United Nations Committee Against Torture, which will consider Cambodia’s second periodic report on the measures it has taken to give effect to its obligations under the Convention and to comply fully with the Committee’s concluding observations and recommendations;
- To ensure that the national preventative mechanism established in accordance with the Optional Protocol to the Convention against Torture is fully independent and impartial and also capable of receiving individual complaints about torture and other prohibited ill-treatment;
- To establish an accessible and effective civilian oversight body for victims to register complaints of torture and other prohibited ill-treatment against the police and other law enforcement personnel and to ensure that authorities promptly investigate such complaints in accordance with the Convention, and where sufficient evidence exists, to ensure that those accused of torture are prosecuted;
- To immediately stop the practice of shackling person in police custody and other detention;
- To establish an effective state program of victims and witness protection at the courts which assists in ensuring confidentiality and protects those who come forward to report or complain about acts of torture;
- To ensure that torture is recognized as a crime in Cambodia in accordance with the definition set out in Article 1 of the UN Convention against Torture. The Cambodian Government should make an official declaration that the definition of torture set out in Article 1 of the Convention is directly applicable in Cambodia, in accordance with the laws of Cambodia. In addition, to provide the utmost clarity for all Cambodian authorities, the Cambodian Government and the National Assembly should take the necessary steps to enact specific anti-torture legislation in future;
- To immediately close all unlawful detention centers, in particular the so-called Social Affairs Centers. These centers exist solely to lock-up, without due process, members of society deemed ‘undesirable’ by the authorities. The existence of these centers has no basis in national or international law;
- To make certain that adequate physical and psychological services are in place for victims of torture, as well as adequate and effective measures of reparation.
For more information, please contact:
Mr. Thun Saray Chairman of CHRAC & President of ADHOC Tel: 016 440 044
Dr. Pung Chiv Kek President of LICADHO Tel: 012 802 506
Mr. Sok Sam Oeun Executive Director of CDP Tel: 012 901 199
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