CAT/C/IDN/CO/2
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The State party should consider amending its legislation on human rights courts,
since they face serious difficulties in carrying out their judicial mandate, which has
lead to de facto impunity for perpetrators of gross human rights violations.
National Commission on Human Rights
24. The Committee remains concerned about the difficulties the National Commission on
Human Rights (Komnas HAM) has had in carrying out its functions owing in part to the lack of
cooperation from other State party institutions, the failure of State officials to publish the reports
on its investigations, its inability to challenge a decision of the Attorney-General not to prosecute
a case, as well as the absence of security of appointment of its members. Since, according to
Law 26/2000, Komnas HAM has the sole responsibility for conducting initial investigations of
“gross violations of human rights”, including torture, these limitations can impede efforts to
prosecute perpetrators of torture. The Committee is concerned at the fact that members of the
Government have stated that military officials should ignore the summons from Komnas HAM
in connection with its investigations of gross violations of human rights, such as in the
Talangsari, Lampung killing case (arts. 2 and 12).
The State party should ensure the effective functioning of Komnas HAM by adopting
adequate measures, inter alia, by strengthening its independence, mandate, resources
and procedures, and reinforcing the independence and security of its members.
Members of the Government and other high-ranking officials should fully cooperate
with Komnas HAM.
Lack of effective investigation and prosecution by the Attorney-General
25. The Committee is concerned by the absence of prompt, impartial and effective
investigations into allegations of torture and ill-treatment by the Attorney-General’s office,
including with regard to cases presented by the National Commission on Human Rights
(Komnas HAM), such as in the Wasior, Wamena (1997/1998) enforced disappearances or
Trisakti, Semanggi I and Semanggi II cases (art. 12).
The State party should reform the Attorney-General’s office to ensure that it
proceeds with criminal prosecution into allegations of torture and ill-treatment with
independence and impartiality. In addition, the State party should establish an
effective and independent oversight mechanism to ensure prompt, impartial and
effective investigation into all allegations of torture and ill-treatment. The State party
should also publish, without delay, the reports of Komnas HAM investigations.
Monitoring detention facilities and preventive mechanism
26. The Committee is concerned about the absence of an effective independent monitoring
mechanism on the situation of detainees, including unannounced visits to all places of detention
or custody. The Committee is further concerned that the State party’s intention to devolve to
local authorities a variety of such mechanisms may lead to different standards of monitoring of
detention facilities throughout the State party (art. 2).