CAT/C/CR/30/2
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B. Positive aspects
4.
The Committee welcomes the following:
(a)
The State party’s expression of willingness to continue undertaking legal reforms
in order to fulfil its international obligations in the field of human rights;
(b)
The State party’s cooperation with United Nations agencies and mechanisms in
the field of human rights. In this regard, the Committee welcomes the cooperation with the
United Nations human rights field presence in the country and the training and educational
activities on human rights provided by international organizations to law enforcement personnel,
as well as the positive role played by NGOs in this regard.
C. Factors and difficulties impeding the application of the Convention
5.
The Committee acknowledges the difficulties encountered by Cambodia during its
political and economic transition, including lack of judicial infrastructure and budgetary
constraints.
D. Subjects of concern
6.
The Committee is concerned about the following:
(a)
The numerous, ongoing and consistent allegations of acts of torture and other
cruel, inhuman or degrading treatment or punishment committed by law enforcement personnel
in police stations and prisons;
(b)
Allegations regarding the expulsion of foreigners that seem to have occurred
without taking into consideration the safeguards contained in article 3 of the Convention and, in
particular the situation of large numbers of Montagnard asylum-seekers in the
Cambodian-Vietnamese border area;
(c)
While noting the State party’s indication that it prohibits torture and adopts the
definition of torture contained in the Convention, this is not clearly reflected in its domestic
penal law;
(d)
Impunity for past and present violations of human rights committed by law
enforcement officials and members of the armed forces and, in particular, the failure of the
State party to investigate acts of torture and other cruel, inhuman or degrading treatment or
punishment and to punish the perpetrators;
(e)
The allegations of widespread corruption amongst public officials in the criminal
justice system;
(f)
the police;
The absence of an independent body competent to deal with complaints against
(g)
The ineffective functioning of the criminal justice system, particularly the lack of
independence of the judiciary as well as its inefficiency;