CAT/C/IDN/CO/2 page 4 The State party should take all necessary measures promptly to prevent security and police forces from using disproportionate force and/or torture during military operations, especially against children. The State party should implement effective measures promptly to ensure that all persons are afforded all fundamental legal safeguards during their detention. These include, in particular, training programmes for all military personnel on the absolute prohibition of torture. The State party should also ensure that all persons detained during military operations are always registered. Impunity 12. The Committee is deeply concerned that credible allegations of torture and/or ill-treatment committed by law enforcement, military and intelligence services personnel are seldom investigated and prosecuted and that perpetrators are either rarely convicted or sentenced to lenient penalties that are not in accordance with the grave nature of their crimes. The Committee reiterates its grave concerns over the climate of impunity for perpetrators of acts of torture, including military, police and other State officials, particularly those holding senior positions who are alleged to have planned, commanded or perpetrated acts of torture. It notes with regret that no State official alleged to have perpetrated torture has been found guilty, as confirmed by the Special Rapporteur on torture (arts. 2 and 12). The State party should ensure that all allegations of torture and ill-treatment are investigated promptly, effectively and impartially, and that the perpetrators are prosecuted and convicted in accordance with the gravity of the acts, as required by the Convention. In view of the State party’s reaffirmed commitment at the universal periodic review to combat impunity (A/HRC/WG.6/1/IDN/4, para. 76.4), State officials should publicly announce a zero-tolerance policy for perpetrators of acts of torture and other cruel inhuman and degrading treatment or punishment and support prosecution. Definition of torture and appropriate penalties for acts of torture 13. While noting the acknowledgment by the State party that there was no Indonesian law which covers the definition of torture as stated in article 1 of the Convention, the Committee remains concerned that the Indonesian Criminal Code does not contain a definition of torture and also that the crime of torture as defined in article 1, section 4, of Law No. 39/1999 on Human Rights and in article 9, paragraph (f) of Law No. 26/2000 on Human Rights Courts is limited so that it is only applicable to “gross violations of human rights”. No perpetrators of acts of torture have been convicted under these laws. The Committee is also concerned about the absence of appropriate penalties applicable to acts of torture in the Penal Code, qualified as “maltreatment” in articles 351 to 358 of the Code (arts. 1 and 4). The Committee reiterates its previous recommendations and the recommendations of the Special Rapporteur on torture on the report on his visit to Indonesia, that the State party should, without delay, include a definition of torture in its current penal

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