Treatment of prisoners - international treaty standards

Cambodia

Cambodia - Constitution 1993 (2008) EN

CONSTITUTION OF THE KINGDOM OF CAMBODIA

CHAPTER III - THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS

Article 38:

The law guarantees there shall be no physical abuse against any individual.

The law shall protect life, honor, and dignity of the citizens.

The prosecution, arrest, or detention of any person shall not be done except in accordance with the law.

Coercion, physical ill-treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.

Confessions obtained by physical or mental force shall not be admissible as evidence of guilt.

CHAPTER III ON THE RIGHTS AND DUTIES OF KHMER CITIZENS
Article 38.
The Coercion, physical punishment or any other treatment aggravating the penalty of the detainee or prisoner shall be forbidden. The author of such acts, co-authors and accomplices shall be punished according to the law.

Cambodia - Provisions relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period 1992 EN

SECTION I: JUDICIAL SYSTEM

Article 8: the correctional system

1. The aim of the correctional system is social rehabilitation. Treatment of all prisoners must be in conformity with the Standard Minimum Rules for the Treatment of Prisoners, and Basic Principles for the Treatment of Prisoners, adopted by the United Nations.

SECTION II: CRIMINAL PROCEDURE

Article 12: treatment of detainees

1. 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.
2. Arrest and detention must take place in accordance with the Standard Minimum Rules for the Treatment of Detainees, as well as the Body of Principles for the Protection of any Person Under Any Form of Detention or Imprisonment, adopted by the United Nations.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;