recommendations contained in paragraph 89 (c), (f), (h), (i) and (n) above. CAMBODIA 93.The Committee considered the initial report of Cambodia (CAT/C/21/Add.5) at its 548th meeting (CAT/C/SR.548), on 29 April 2003, and adopted the following provisional conclusions and recommendations. A. Introduction 94.The Committee welcomes the initial report of Cambodia and notes that it generally conforms to the Committee’s reporting guidelines. It regrets, however, the nine-year delay in its submission and the paucity of information on the practical enjoyment in Cambodia of the rights enshrined in the Convention. 95.The Committee regrets the absence of a delegation from the State party able to enter into a dialogue with it, and notes that the examination of the report took place in accordance with rule 66, paragraph 2 (b), of its rules of procedure. The Committee looks forward to receiving written responses to the questions and comments of its members and urges the State party, in the future, to comply fully with its obligations under article 19 of the Convention. B. Positive aspects 96.The Committee welcomes the following: (a)The State party’s expression of willingness to continue undertaking legal reforms in order to fulfil its international obligations in the field of human rights; (b)The State party’s cooperation with United Nations agencies and mechanisms in the field of human rights. In this regard, the Committee welcomes the cooperation with the United Nations human rights field presence in the country and the training and educational activities on human rights provided by international organizations to law enforcement personnel, as well as the positive role played by NGOs in this regard. C. Factors and difficulties impeding the application of the Convention 97.The Committee acknowledges the difficulties encountered by Cambodia during its political and economic transition, including lack of judicial infrastructure and budgetary constraints. D. Subjects of concern 98.The Committee is concerned about the following: (a)The numerous, ongoing and consistent allegations of acts of torture and other cruel, inhuman or degrading treatment or punishment committed by law enforcement personnel in police stations and prisons; (b)Allegations regarding the expulsion of foreigners that seem to have occurred without taking into consideration the safeguards contained in article 3 of the Convention and, in particular, the situation of large numbers of Montagnard asylum-seekers in the Cambodian Vietnamese border area; (c)The absence in the domestic penal law of a clear prohibition of torture, although the Committee notes the State party’s indication that it prohibits torture and has adopted the definition of torture contained in the Convention; (d)Impunity for past and present violations of human rights committed by law enforcement officials and members of the armed forces and, in particular, the failure of the State party to investigate acts of torture and other cruel, inhuman or degrading treatment or punishment and to punish the perpetrators; (e)The allegations of widespread corruption amongst public officials in the criminal justice system; (f)The absence of an independent body competent to deal with complaints against the police; (g)The ineffective functioning of the criminal justice system, in particular the lack of independence of the judiciary as well as its inefficiency; (h)The importance given to confessions in criminal proceedings and the reliance of the police and the judiciary on confessions to secure convictions; (i)The unwarranted protraction of the pre-trial detention period during which detainees are more likely to be subjected to torture and other ill-treatment; (j)The use of incommunicado detention for 48 hours, at least, before a person is brought before a judge, during which the detainee has no access to legal counsel or to his/her relatives. Furthermore, recent legal amendments allow the police to extend this period; (k)The lack of access by detainees in general to legal counsel and a medical doctor of their choice; (l)The overcrowding and poor conditions in prisons, as well as alleged cases of ill treatment of prisoners, and the difficulties faced by international organizations, NGOs and family members in gaining access to prisoners.