The UN Special Representative to Cambodia observed that the overcrowding problem in Cambodian prisons has changed little in the past eight years. · The prison population has increased from 2933 in December 1998 to 5711 in December 2003 - an increase of 95%. However, the number of prisons has not increased to deal with this increasing number Overcrowding in 2002 was a particular problem in Kompong Thom, Battambang, Sihanoukville and Banteay Meanchay prisons (exceeding maximum capacity by 317%, 107%, 84% and 50% respectively)
This leads to many problems. For example:

• In 2003 at one point nine prisoners were shackled together outdoors for 23.5 hours a day in Kompong Thom prison due to overcrowding
• Prisoners are often transferred to less crowded prisons which means they are located far from their families upon whom they rely for much needed provisions and support
• Some inmates are denied the required one hour out of their cell a day because of security concerns created by overcrowding.

Overcrowding remains a serious problem, in particular at Kompong Thom, Banteay Meanchey, and in Sihanoukville, where the prison population has grown considerably since the 1999 report. Attempts to alleviate overcrowding have been undertaken such as rebuilding existing facilities, but it remains a grave problem. For example, in Kompong Thom prison, each prisoner has approximately 0. 93 m2 living space, which marks a decrease from 1.70 m2 in 1998. This prison was designed to accommodate 40 persons according to the director; in 2001 it is shared by 120 inmates, triple its capacity.

Overcrowding also contributed to the lack of recreational time had by prisoners. Prisoners are entitled to one hour a day outside their cell. However, in practice some do not receive even this. The worst prisons are CC1 , PJ, Kandal and Kompong Thom. In CC1 during 2002, around 400 prisoners out of 1377 prisoners were let out each weekday for one hour. This meant they only get out every 3 to 4 days. In Kandal prison new prisoners were not being let out of the cell for one month because they had to pay for recreational time.

The Health situation in Cambodian Prisons is very poor. Prisoners have limited access to medical care. The health care provided by the official prison staff fails to meet the minimum standards set out in domestic and international law. Prison health workers receive only basic nursing training. In 2002, in one prison, a guard was fulfilling the role of medical officer with no medical training at all. A large percentage of diseases are preventable through a reduction in overcrowding, improved hygiene and facilities, provision of safe water and provision of a nutritionally adequate diet.
In the 12 prisons visited by LICADHO Medical Team:

• 51% of diseases were infectious diseases
• 18% were sanitation related
• In 2001- 2002 the 2nd most common diagnosis was beri beri.

Many families are not able to visit their family members in prison due to distance or an inability to pay the various payments they are made to pay, in contravention of Cambodian prison regulations and international standards. For example a visit to CC1 can cost 23,000 Riels ($5.75) in such payments, a huge sum for most Cambodians.

Following is a list of known prisons in Cambodia.

Banteay Meanchey prison Battambang prison Kampot prison Kandal prison Koh Kong prison Kongpong Cham prison Kompoong Chhnang prison Kompong Speu prison Kampong Thom prison Police Judicial (PJ)

Pursat prison Siem Reap prison Sihanoukville prison Svay Rieng prison Preah Vihear prison Stung Treng prison Kratie prison Mondulkiri prison Ratanakiri prison Prey Veng prison

Correctional Center 2 (CC 1- the Prey Sar prison for women and children) Correctional Center 1 (CC1 –formerly known as T3) Correctional Center 1 (CC1 formerly known as T3) Takeo Correctional Center 3 (CC3 also known as Trapaing Plong) Toul Sleng (military prison in Phnom Penh)

Article 33 states: "Instruments of restraint, such as handcuffs, chains, irons and straitjackets, shall never be applied as a punishment. Furthermore, chains or irons shall not be used as restraints."

Shackles were used in Sihanoukville and Kompong Thom prisons during 2001. Almost one third of the prisoners who reported torture in prison were detained in Sihanoukville prison. A particular issue of concern in Sihanoukville prison, based on prisoner interviews conducted over several years, is the practice of new prisoners being beaten or kicked soon after their arrival at the prison – this introduction to the prison is apparently an attempt to ‘soften up’ new prisoners and make them submissive to prison guards. LICADHO raised this practice with the prison director, who promised to put an end to it.

Cambodian criminal law and prison regulations clearly prohibit torture for any reason, including as a punishment, but no prison official has been convicted of torture for a decade. A test case, involving the prosecution of five Kompong Cham prison guards for allegedly severely torturing five prisoners (including knocking them unconscious with metal hoes) in December 1999, had yet to go to trial by 2001. Cambodian Prison Procedure 25.1, Section 3-5: "Handcuffs must never be used as punishment. Handcuffs are only to be used when authorized by the Prison Chief and must not be applied for any longer period of time than is strictly necessary. Handcuffs are only to be used to prevent a prisoner from injuring themselves, or others. "