A/HRC/22/53/Add.4
carrying out their duty, shall, as far as possible, apply non-Violent means before resorting to
the use of force and firearms.” In addition, principle 5 provides that, “[w]henever the use of
force and firearms is unavoidable law enforcement officials shall, (a) Exercise restraint in
such use and act in proportion to the seriousness of the offence and the legitimate object to be
achieved; (b) Minimize damage and injury, and respect and preserve human life; (c) Ensure
that assistance and medical aid are rendered to any injured or affected persons at the earliest
possible moment and (d) Ensure that relatives or close friends of the injured or affected
person are notified at the earliest possible moment.” Without any evidence to the contrary,
the Special Rapporteur determines that the rights of the victims under the UN Convention
against Torture have been violated, and calls on the Government to investigate, prosecute,
and punish all cases of torture, providing full redress to the victims, including fair and
adequate compensation, and as full rehabilitation as possible.
Indonesia
(a)
JAL 19/01/2012 Case No. IDN 2/2012 State reply: None to date Alleged killings and
attacks against farmers and villagers.
44. The Special Rapporteur regrets that the Government of Indonesia has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged indiscriminate killings of farmers
and villagers in relation to land disputes, including an alleged massacre caught on video that
showed what appeared to be mutilated bodies, in addition to showing two men being
beheaded. The Special Rapporteur recalls article 6 of the International Covenant on Civil and
Political Rights (ICCPR), which the Government of Indonesia acceded to on 23 February
2006, and that no one shall be arbitrarily deprived of his or her life. In addition, paragraph 18
of the General Comment No. 2 of the Committee against Torture, where the Committee has
made clear that “where State authorities or others acting in official capacity or under color of
law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being
committed by non-State officials or private actors and they fail to exercise due diligence to
prevent, investigate, prosecute and punish such non-State officials or private actors
consistently with the Convention, the State bears responsibility and its officials should be
considered as authors, complicit or otherwise responsible under the Convention for
consenting to or acquiescing in such impermissible acts.” In light of the fact that no evidence
has been provided to the contrary, the Special Rapporteur concludes that the rights of the
victims involved under international standards prohibiting torture and other cruel, inhuman or
degrading treatment or punishment have been violated. The Special Rapporteur calls on the
Government to investigate, prosecute, and punish all perpetrators, in addition to providing
redress to all victims, including measures of rehabilitation and non-repetition.
(b)
JAL 24/07/2012 Case No. IDN 6/2012 State reply: 25/09/2012 Alleged harassment of
members of the West Papua National Committee (KNPB)
45. The Special Rapporteur thanks the Government of Indonesia for its reply, dated 25
September 2012, to this communication in reference to allegations that Messrs. Theorelli
Karoba, Yesa Mirin and Panuel Tablo, members of the West Papua National Committee
(KNPB), were shot dead by security forces while attending peaceful demonstrations.
According to the information we received, another 45 protesters were arrested and detained
during a peaceful demonstration, several of whom were also physically assaulted by security
forces. In its reply, the Government stated that investigations into the alleged events, and that
legal proceeding have been initiated against several responsible members of the Brimbo, the
state‟s riot police forces. The Government reported that investigations into the deaths of
Messrs. Karoba, Mirin and Tablo are ongoing. The Government also reported that
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