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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