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8.1 The right to complain (issues under article 13)
There is no legal authority to which complaints about torture may be made. Nor is there any authority to receive, investigate and redress any wrong done by state agents. Though several human rights commissions exist, none of them have a clearly laid down legal procedure within which they can receive and deal with complaints.
The situation is so defective that even when a senior human rights activist was severely beaten by an “unknown” person on suspicion that she may have contributed to an adverse report produced by a reputed international group, she did not make any complaint. It was thought futile to do so.
Clearly, Cambodia has failed to meet its obligations under article 13. However, it must also be noted that having of a proper authority for dealing with complaints is very much linked to the development of basic criminal law and criminal procedure. A commission or authority will not in itself be able to undo the deep scepticism people have towards state officers and the possibility that they may be held to account for their actions.
8.2 The obligation to investigate, prosecute and punish torture (issues under article 12)
As indicated above, no authority exists to investigate cases of torture. Clearly article 12 has not been complied with.
Posted on 2005-03-21
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