CAT/C/IDN/CO/2
page 9
right to make complaints, conduct prompt, impartial and effective investigation into
all allegations of trafficking and ensure that perpetrators are brought to justice and
punished with penalties appropriate to the nature of their crimes.
The State party is strongly encouraged to strengthen the role of Indonesian
diplomatic and consular missions abroad, in accordance with Presidential Instruction
No. 6/2006, reinforcing the Citizens’ Advisory Services, as well as its cooperation with
countries receiving Indonesian migrant workers. The State party should ensure
independent monitoring of terminal 3 of Jakarta international airport, including by
civil society organizations.
Harassment and violence against human rights defenders
21. The Committee expresses its concern at information on a common pattern of harassment
and violence against human rights defenders, corroborated by the Special Representative of the
Secretary-General on the situation of human rights defenders in her report on her visit to
Indonesia (A/HRC/7/28/Add.2) in June 2007. Such actions severely hamper the capacity of civil
society monitoring groups to function. The Committee notes with satisfaction the sentence of
25 January 2008 of the Supreme Court convicting and sentencing one person for the murder of
Munir Said Thalib to 20 years of imprisonment, but regrets that the instigators of this crime have
not yet been brought to justice (art. 16).
The State party should take all necessary steps to ensure that all persons, including
those monitoring human rights, are protected from any intimidation or violence as a
result of their activities and exercise of human rights guarantees, and to ensure the
prompt, impartial and effective investigation of such acts.
Administration of justice and the judiciary
22. The Committee is concerned about numerous extensive allegations, corroborated by the
Special Rapporteur on the independence of judges and lawyers in his report
(E/CN.4/2003/65/Add.2) and other sources, of corruption in the administration of justice, in
particular in the judiciary, and of collusion and nepotism in the public prosecution service, as
well as with members of an under-regulated legal profession (arts. 2 and 12).
As the State party continues its process of transition to a democratic regime
committed to upholding the rule of law and human rights, it should strengthen the
independence of the judiciary, prevent and combat corruption, collusion and
nepotism in the administration of justice, and regulate the legal profession.
Human rights courts and ad hoc human rights courts
23. The Committee is troubled that human rights courts, including ad hoc ones, which are
designed to deal “specifically with gross violations of human rights”, including torture, genocide
and crimes against humanity, pursuant to Law No. 26/2000, were not able to secure the
conviction of any of the alleged perpetrators of gross human rights violations in relation to the
Tanjung Priok (1984), East Timor (1999) and Abepura (2000) cases, especially now that the
Supreme Court has acquitted Enrico Guterres (arts. 2, 6 and 12).