CAT/C/CR/30/2
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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)
in court;
Take measures to ensure that evidence obtained under torture is not invoked
(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;