CAT/C/KHM/CO/2
Fundamental legal safeguards
14.
The Committee expresses its serious concern at the State party’s failure in practice
to afford all detainees, including juveniles and pretrial detainees, with all fundamental legal
safeguards from the very outset of their detention. Such safeguards comprise the right to
have prompt access to a lawyer and an independent medical examination, preferably by a
doctor of one’s own choice, to notify a relative, and to be informed of their rights at the
time of detention, including about the charges laid against them, as well as to appear
expeditiously before a judge. The Committee is particularly concerned that the Penal
Procedure Code only includes the right for a detainee to consult a lawyer 24 hours after his
or her apprehension, and that access to a doctor is reportedly left to the discretion of the
relevant law enforcement or prison official. The Committee also expresses its concern at
the very limited number of defence lawyers, including legal aid defence lawyers, in the
country which precludes many defendants from obtaining legal counsel. The Committee is
further concerned at reports that persons deprived of their liberty are held for significant
periods of time in police custody without being registered and that a significant number of
police facilities and prisons are failing to adhere to the regulations governing detainee
registration procedures in practice. (arts. 2, 11 and 12)
The State party should promptly implement effective measures to ensure that
all detainees are afforded, in practice, all fundamental legal safeguards from
the very outset of their detention. To this end, the State party should amend the
Penal Procedure Code so as to guarantee detainees the right to have prompt
access to a lawyer from the very outset of their deprivation of liberty and
throughout the investigation phase, the whole of the trial and during appeals, as
well as access to an independent medical examination, preferably by a doctor of
one’s own choice, to notify a relative, and to be informed of their rights at the
time of detention, including about the charges laid against them, and the right
to appear expeditiously before a judge. The State party should, as a matter of
urgency, expand the number of defence lawyers, including legal aid defence
lawyers, in the country and remove unjustified barriers to entry for individuals
who wish to be admitted to the Bar Association. The State party should ensure
prompt registration of persons deprived of their liberty and ensure that
custody records at police and prison facilities are periodically inspected to
make sure that they are being maintained in accordance with procedures
established by law.
Impunity for acts of torture and ill-treatment
15.
The Committee remains deeply concerned by the numerous, ongoing and consistent
allegations of torture against and ill-treatment of detainees in detention facilities, in
particular in police stations. In this respect, the Committee is further concerned at numerous
allegations of cases of sexual violence against women in detention by law enforcement and
penitentiary personnel. The Committee is also concerned that such allegations are seldom
investigated and prosecuted and that there would appear to be a climate of impunity
resulting in the lack of meaningful disciplinary action or criminal prosecution against
persons of authority accused of acts specified in the Convention. While noting the
information provided by the State party that its national laws, especially the Penal
Procedure Code, do not contain any provisions that can be used as a justification or means
for an excuse for torture, under any circumstances, the Committee is concerned at the lack
of a provision in domestic legislation expressly prohibiting the invocation of exceptional
circumstances as a justification for torture. (arts. 2, 4, 12 and 16)
As a matter of urgency, the State party should take immediate and effective
measures to prevent acts of torture and ill-treatment, including sexual violence
in detention, throughout the country, including through the announcement of a
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