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As noted above, while the Constitution prohibits torture, there is no crime in Cambodia that outlaws it. In fact, there are only 34 offences on the UNTAC Code, and torture is not one of them (see Appendix C). Article 12(1) of the UNTAC Code states that
No detainee shall be subjected to cruel, inhuman or degrading treatment or punishment, nor be beaten or tortured. Each detainee must have access to appropriate medical care. Prisoners must not be shackled or kept in isolation, whether they are in pre-trial detention or already sentenced. In no case shall the family of a detainee or prisoner be harassed as a result of the prisoner’s behavior.
Article 57 of the same Code states that
Any public agents, including police or military agents, who deliberately infringe upon rights of physical integrity and the inviolability of the home, as protected by the present text, shall be liable to a punishment of one to five years in prison.
These provisions do not amount to a clear definition of torture as required by the CAT, nor sufficient punishment. There is thus no criminal sanction against torture in Cambodia. It follows that Cambodia is in breach of its obligations under the CAT.
Posted on 2005-03-21
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