CAT/C/KHM/CO/2
092/003/2007) that international treaties are part of the national law and that courts should
take treaty norms into account when interpreting laws and deciding cases. However, the
Committee regrets the lack of information as to any cases where the Convention has been
applied by the domestic courts, and it is therefore concerned that in practice, the provisions
of international conventions, including the Convention, are not invoked before or directly
enforced by the State party’s national courts, tribunals or administrative authorities. In this
regard, the Committee notes with concern the lack of effective remedies for violations of
human rights, including torture and ill-treatment. This undermines the State party's ability
to meet its obligations under the international human rights treaties that it has ratified,
including the Convention. (arts. 2, 4 and 10)
The State party should take all appropriate measures to ensure the full
applicability of the provisions of the Convention in its domestic legal order.
Such measures should include extensive training on the provisions of the
international human rights treaties, including the Convention, for its State
officials, law enforcement and other relevant officials, as well as judges,
prosecutors and lawyers. The Committee also requests the State party to report
back on progress made in this respect and on decisions of national courts,
tribunals or administrative authorities giving effect to the rights enshrined in
the Convention.
Definition and criminalization of torture
11.
The Committee notes the statement by the delegation that the State party refers to
the term “torture” in a general context as any acts of causing injury on individuals and sets
forth “torture” as a criminal offence. While noting the information provided by the State
party that the new Penal Code imposes punishment for perpetrating the crime of torture,
inciting its exercise, or approval or acquiescence thereof by any official acting in an official
capacity, the Committee is concerned that the Penal Code does not contain a definition of
torture. The Committee regrets that the State party did not provide it with a copy of the
relevant provision on criminalization of torture. (arts. 1 and 4)
The State party should incorporate a definition of torture into the Constitution,
the Penal Code or other relevant legislation, including all elements of torture as
defined by the Convention. Such action would show a real and important
recognition of torture as a serious crime and human rights abuse and fight
impunity. By naming and defining the offence of torture in accordance with
articles 1 and 4 of the Convention and distinct from other crimes, the
Committee considers that States parties will directly advance the Convention’s
overarching aim of preventing torture, inter alia, by alerting everyone,
including perpetrators, victims, and the public, to the special gravity of the
crime of torture and by improving the deterrent effect of the prohibition itself.
The Committee also requests the State party to promptly provide the text of the
new Penal Code, as requested during the dialogue.
Corruption
12.
The Committee is deeply concerned at reports of widespread and systemic
corruption throughout the country. The Committee considers that the rule of law is the
cornerstone for the protection of the rights set forth in the Convention and, while
welcoming the new Anti-Corruption Law and other measures taken by the State party, it
notes with concern reports of political interference and corruption affecting the judicial
bodies and the functioning of some public services, including the police and other law
enforcement services. In this respect, the Committee expresses its concern at reports that
police officers are promoted for convictions and that police stations are given special
incentives for convictions, amounting to a rewards system, as well as reports of police
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