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1. A law prohibiting torture in Cambodia must be enacted immediately, in keeping with the CAT. It must provide a clear definition of torture, prescribe punishment for offenders, and establish a clear procedure whereby complaints can be made, investigated and prosecuted.
2. A law must be enacted to allow victims of torture, illegal arrest and detention to approach the Court of Appeal and/or the Supreme Court, which must be empowered to investigate such complaints and make orders for compensation and recommend action to be taken against perpetrators. The court could investigate via the affidavits presented both by the complainants and respondents. This procedure has proved quite useful elsewhere (such as in Sri Lanka) and can lead to the development of further jurisprudence to counteract torture in Cambodia.
3. The UNTAC Code should be abrogated and a comprehensive penal code and criminal procedure code be promulgated as soon as possible. Criminal procedure regarding arrest and detention must be clearly laid out with specific reference to the rights of suspects.
4. A law relating to the powers and organization of the police needs to be enacted. This must be regarded as a priority to eliminate torture and establish the rule of law.
5. An independent body must be set up to investigate complaints of torture. It must have real powers to question all relevant persons and gather evidence without fear of hindrance. It should have power of prosecution.
6. The right of a suspect to challenge the legality of detention must be respected and provision made for the making of such applications in lower courts as well as higher courts
7. Courts at both lower and higher levels must be empowered to deal with pre-trial matters. Specific legal provisions must be enacted in this regard. These must clearly lay down how to undertake applications on pre-trial matters and the manner in which the courts should deal with them. These applications must be addressed quickly.
8. Judges must be given adequate training.
9. Greater amounts of funds and other resources must be allocated to deal with Cambodia’s defective justice system. This is a joint responsibility of the government and its funding agencies.
10. Civil society contributions must be encouraged if the justice system is to improve.
11. Cambodia must develop a closer working relationship with the Committee against Torture, so that the Committee can help it develop proper procedures. The Committee must give specific advice and offer clear direction. Mere general recommendations are not likely to yield results as without laws and institutions to pursue them they will achieve nothing, even where there is genuine good will and a desire to comply with the provisions of the CAT.