A/66/44
The State party should further develop and strengthen educational programmes,
including in cooperation with NGOs, to ensure that all officials, including law
enforcement and penitentiary personnel, are fully aware of the provisions of the
Convention, that reported breaches, including cases of sexual violence, will not be
tolerated and will be investigated, and that offenders will be prosecuted. Furthermore,
police and other relevant officials should receive training in witness interviewing,
witness protection, forensic methods and evidence gathering and all relevant
personnel should receive specific training on how to identify signs of torture and illtreatment, including those officials who will investigate and document these cases.
Such training should include the use of the Manual on Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol). In addition, the State party should ensure that
related professional codes of ethics and the importance of respecting such codes be
made an integral part of training activities. Furthermore, the State party should
assess the effectiveness and impact of its training/educational programmes.
Redress, including compensation and rehabilitation
(26) While noting that article 39 of the Constitution entitles citizens to claim for damage
caused by State organs, social organs, and the staff of these concerned organs, the
Committee is concerned at the lack of information and data on fair and adequate
compensation awarded to victims of torture. The Committee is also concerned at the lack of
information on the provision of treatment and social rehabilitation services, including
medical and psychosocial rehabilitation, to all victims of torture (art. 14).
The Committee underlines that it is the responsibility of the State to provide for
redress to victims of torture and their families. To this end, the State party should
strengthen its efforts to provide these victims with redress, including fair and
adequate compensation and as full rehabilitation as possible. The State party should
further strengthen its efforts to improve the access to medical and psychological
services for victims of torture, especially during and after imprisonment, and assure
that they receive effective and prompt rehabilitation services; raise awareness on the
consequences of torture and the need for rehabilitation for victims of torture among
health and social welfare professionals in order to increase referrals of these victims
from the primary health-care system to specialized services; and increase the capacity
of national health agencies in providing specialized rehabilitation services, based on
recommended international standards, to victims of torture, including their family
members, specifically in the field of mental health.
(27) The Committee notes with concern that the Internal Rules of the ECCC only provide
for moral and collective reparation, precluding individual financial compensation. While
noting the existence of the Victims Support Section, the Committee is concerned that
rehabilitation and psychosocial support to those testifying in the ECCC is largely provided
by NGOs, with limited support from the State, and it regrets the very limited information
provided on treatment and social rehabilitation services, including medical and
psychosocial rehabilitation, provided to victims of torture under the Khmer Rouge Regime
(art. 14).
The State party should strengthen its efforts to provide victims of torture under the
Khmer Rouge Regime with redress, including fair and adequate compensation and as
full rehabilitation as possible. To this end, the ECCC should amend its Internal Rules
to permit reparation to victims consistent with article 14 of the Convention, including,
as appropriate, individual financial compensation. Furthermore, the State party
should provide information on redress and compensation measures ordered by the
ECCC and provided to victims of torture, or their families. This information should
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