A/66/44
treatment, as well as the adoption, on 17 December 2009, of the Sub-Decree on the
Procedure of Determination of Refugee Status and the Right to Asylum for Aliens in the
Kingdom of Cambodia, as the beginning of the development of a legal framework.
C.
Principal subjects of concern and recommendations
Incorporation of the Convention into domestic law
(10) The Committee welcomes the guarantees contained in article 31 of the Constitution
as well as the July 2007 decision of the Constitutional Council (Decision No.
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 causing injury to 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
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