CAT/C/KHM/CO/2
policy that would produce measurable results in the eradication of torture and
ill-treatment by State officials, and through monitoring and/or recording of
police interrogation sessions.
The State party should also ensure that all allegations of torture and illtreatment, including sexual violence in detention, are investigated promptly,
effectively and impartially, and that the perpetrators are prosecuted and
convicted in accordance with the gravity of the acts, as required by article 4 of
the Convention. The State party should enact a sentencing scheme governing
convictions of torture and ill-treatment by government officials to ensure that
adequate sentences are given to those who are found guilty of such acts.
The State party should ensure that its domestic legislation includes a provision
expressly prohibiting the invocation of exceptional circumstances as a
justification of torture.
Complaints and prompt, impartial and effective investigations
16.
The Committee expresses its concern at reports that torture and ill-treatment by law
enforcement and prison officials are widespread, that few investigations are carried out in
such cases and that there are very few convictions. The Committee is also concerned at the
absence of an independent civilian oversight body with the power to receive and investigate
complaints of torture and ill-treatment by police and other law enforcement officials. The
Committee regrets the lack of detailed information provided by the State party, including
statistics, on the number of complaints of torture and ill-treatment and results of all the
proceedings, both at the penal and disciplinary levels, and their outcomes. Furthermore, the
Committee is concerned at the lack of effective mechanisms to ensure the protection of
victims and witnesses. (arts. 1, 2, 4, 12, 13 and 16)
The State party should strengthen its measures to ensure prompt, impartial
and effective investigations into all allegations of torture and ill-treatment of
convicted prisoners and detainees, including in police stations, and to bring to
justice law enforcement and prison officials who carried out, ordered or
acquiesced in such practices. The State party should establish an independent
law enforcement complaint mechanism and ensure that investigations into
complaints of torture and ill-treatment by law enforcement officials are
undertaken by an independent civilian oversight body. In connection with
prima facie cases of torture and ill-treatment, the alleged suspect should as a
rule be subject to suspension or reassignment during the process of
investigation, to avoid any risk that he or she might impede the investigation or
continue any reported impermissible actions in breach of the Convention.
Furthermore, the State party should establish a programme of victim and
witness protection to assist in ensuring confidentiality and to protect those who
come forward to report or complain about acts of torture, as well as ensure that
sufficient funding be allocated for its effective functioning.
Prolonged pretrial detention
17.
The Committee notes with concern that the State party’s criminal justice system
continues to rely on imprisonment as the default option for defendants awaiting trial and it
remains concerned about the unwarranted protraction of the pretrial detention period during
which detainees are likely to be subjected to torture and other ill-treatment. (arts. 2 and 11)
The State party should adopt effective measures to ensure that its pretrial
detention policy meets international standards and that it is only used as an
exceptional measure for a limited period of time, in accordance with the
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