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The State party should establish consistent and comprehensive standards for
independent monitoring mechanisms of all places of detention, ensuring that any
body established, at the local or the national level, has a strong and impartial
mandate and adequate resources.
International judicial cooperation
27. The Committee is concerned with the State party’s lack of international judicial
cooperation in investigating, prosecuting or extraditing perpetrators of acts of gross human rights
violations, especially with regard to acts perpetrated in East Timor in 1999. Furthermore, it is
deeply troubled at evidence that alleged perpetrators of war crimes wanted by Interpol, such as
Colonel Siagian Burhanuddhin, for whom Interpol has issued a red notice, are currently serving
in the Indonesian military forces. The Committee regrets the refusal of the State party to provide
information on the result of its cooperation with United Nations and Timorese institutions,
especially as full cooperation was recommended by the Committee in its previous concluding
observations. The Committee is further concerned that the Commission on Truth and Friendship
between Indonesia and Timor-Leste has a mandate to recommend amnesties, including for those
involved in gross human rights violations (arts. 5, 6, 7, 8 and 9).
The State party should fully cooperate with Timorese, United Nations and relevant
international institutions, in particular by providing assistance in investigations or
court proceedings, including affording full access to relevant files, authorizing visits
and transferring suspects wanted by Interpol or other relevant authorized bodies.
The State party should investigate actively and secure alleged suspects of human
rights violations, who should be extradited or prosecuted in the State party.
The State party should not establish nor engage in any reconciliation mechanism that
promotes amnesties for perpetrators of acts of torture, war crimes or crimes against
humanity.
Non-refoulement and risk of torture (art. 3)
28. The Committee is concerned by the failure of the State party to clarify how it includes in
its national laws or practice the prohibition on returning a person to a country where he or she
faces a substantial risk of torture, and hence how the State party ensures that its obligations under
article 3 of the Convention are fulfilled (art. 3).
Under no circumstances should the State party expel, return or extradite a person to
a State where there are substantial grounds for believing that the person would be in
danger of being subjected to torture.
When determining the applicability of its obligations under article 3 of the
Convention, the State party should examine thoroughly the merits of each individual
case, ensure that adequate judicial mechanisms for the review of the decision are in
place and sufficient legal defence available for each person subject to extradition, and
ensure effective post-return monitoring arrangements.