CAT/C/KHM/CO/2
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 include the
number of requests made, the number granted, and the amounts ordered and
actually provided in each case.
Coerced confessions
28.
The Committee expressed its concern at reports that the use of forced confessions as
evidence in courts is widespread in the State party. The Committee is also concerned at the
lack of information on any officials who may have been prosecuted and punished for
extracting such confessions. (arts. 1, 2, 4, 10 and 15)
The State party should take the necessary steps to ensure inadmissibility in
court of confessions obtained as a result of torture in all cases in line with the
provisions of article 15 of the Convention. The Committee requests the State
party to firmly prohibit admissibility of evidence obtained as a result of torture
in any proceedings, and provide information on whether any officials have been
prosecuted and punished for extracting such confessions as well as examples of
cases that were set aside because of a confession having been coerced.
Furthermore, the State party should ensure the provision of training to law
enforcement officials, judges and lawyers with regard to identification and
investigation of forced confessions.
National Human Rights Institution
29.
The Committee notes with concern the absence in the State party of an independent
national human rights institution in conformity with the Paris Principles (General Assembly
resolution 48/134 of 20 December 1993). (art. 2)
The State party should expedite its efforts to establish an independent national
human rights institution that conforms to the Paris Principles. The Committee
requests the State party to ensure that the envisioned national human rights
institution be mandated to protect and promote the human rights provisions of
the Convention, and that adequate financial resources be provided for its
independent operation. In this regard, the State party may wish to seek
technical assistance from the OHCHR Cambodia Country Office.
National preventive mechanism
30.
The Committee takes note of the creation by Sub-decree, in August 2009, of an
inter-governmental committee as a temporary body towards the establishment of a national
preventive mechanism (NPM). However, the Committee notes with concern that the intergovernmental committee, consisting of senior officials and chaired by the Deputy Prime
Minister and Minister of Interior, does not comply with the requirements of the Optional
Protocol, in particular with regard to its independence and the lack of participation from
civil society. The Committee is also concerned at the information provided by the
delegation that the current NPM mandate does not provide for unannounced visits. (art. 2)
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