CAT/C/KHM/CO/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.
Cooperation with civil society
31.
While noting the State party’s emphasis on working in partnership with NGOs, the
Committee is concerned at the lack of information provided as to whether the draft law
regulating NGOs might in any way hinder the operation and activities of civil society
monitoring groups and thus their capacity to function effectively, including NGOs working
to prevent and combat torture and ill-treatment. (arts. 2, 11, 12 and 13)
The State party should ensure that civil society organizations, including NGOs,
are not restricted with respect to their establishment and operations and that
they are able to function independently of the Government. In particular, the
Committee urges the State party to provide an enabling environment for the
establishment and active involvement of NGOs in promoting the
implementation of the Convention.
Data collection
32.
Despite the Committee’s requests for specific statistical information in the list of
issues prior to reporting and the oral dialogue with the State party, the Committee regrets
that such information was not provided. The absence of comprehensive or disaggregated
data on complaints, investigations, prosecutions and convictions of cases of torture and illtreatment by law enforcement and prison personnel, trafficking, and domestic and sexual
violence severely hampers the identification of many abuses requiring attention (arts. 2, 12,
13 and 19).
The State party should compile statistical data relevant to the monitoring of the
implementation of the Convention at the national level, disaggregated by
gender, age and nationality, as well as information on complaints,
investigations, prosecutions and convictions of cases of torture and illtreatment, trafficking, and domestic and sexual violence, and outcomes of all
such complaints and cases. The State party should, without delay, provide the
Committee with the above-mentioned detailed information, including on the
number of complaints of torture, assault and other ill-treatment that have been
submitted since 2003, the date of the consideration of the previous State party’s
report, as well as the number of investigations, prosecutions and convictions
arising from such complaints.
33.
The Committee recommends that the State party consider making the
declarations under articles 21 and 22 of the Convention.
34.
The Committee invites the State party to consider ratifying the core United
Nations human rights treaties to which it is not yet a party, namely the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
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