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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).
The State party should take all necessary measures to ensure that its NPM will be
established in accordance with the Optional Protocol to the Convention. To this end,
the State party should ensure that the NPM will be created by constitutional
amendment or organic law and that it will be institutionally and financially
independent and professional. The State party should also ensure that the law
establishing the NPM will specify that the NPM will have the ability to make
unannounced visits to all places where persons are or may be deprived of their liberty
and conduct private interviews with such persons, and that this law will provide for a
transparent selection procedure aimed at appointing independent members to the
body.
The Committee encourages the State party to consider the publication of the report of
the Subcommittee on Prevention of Torture, following its visit in December 2009.
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GE.11-45568
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