CAT/C/CR/31/7
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(h)
The importance given to confessions in criminal proceedings and the reliance of
the police and the judiciary on confessions to secure convictions;
(i)
The unwarranted protraction of the pre-trial detention period during which
detainees are more likely to be subjected to torture and other ill-treatment;
(j)
The use of incommunicado detention for 48 hours, at least, before a person is
brought before a judge, during which the detainee has no access to legal counsel or to his/her
relatives. Furthermore, recent legal amendments allow the police to extend this period;
(k)
The lack of access by detainees in general to legal counsel and a medical doctor
of their choice;
(l)
The overcrowding and poor conditions in prisons, as well as alleged cases of
ill-treatment of prisoners, and the difficulties faced by international organizations, NGOs and
family members in gaining access to prisoners.
E. Recommendations
7.
The Committee recommends that the State party:
(a)
Incorporate in its domestic law the definition of torture set out in article 1 of the
Convention and characterize acts of torture as a specific crime, punishable by appropriate
sanctions;
(b)
Take effective measures to establish and ensure a fully independent and
professional judiciary in conformity with international standards, notably the Basic Principles on
the Independence of the Judiciary, if necessary by calling for international cooperation;
(c)
Ensure prompt, impartial and full investigations into the many allegations of
torture reported to the authorities and the prosecution and punishment, as appropriate, of the
perpetrators;
(d)
Establish an independent body competent to deal with complaints against the
police and other law enforcement personnel;
(e)
Take all the necessary measures to ensure that the requirement of article 3 of the
Convention is taken into consideration when deciding on the expulsion, return or extradition of
foreigners;
(f)
Take measures to ensure that evidence obtained under torture is not invoked in
court;
(g)
Take all the necessary measures to guarantee access to justice for all the people of
Cambodia, particularly the poor and the inhabitants of rural and remote areas of the country;
(h)
Undertake all necessary measures to guarantee to any person deprived of his or
her liberty the right of defence and, consequently, the right to be assisted by a lawyer, if
necessary at the State’s expense;