A/HRC/22/53/Add.4
compensation has been provided to the family of victim Teyus Tabuni. The Special
Rapporteur appreciates that the Government has opened investigations into the allegations
and is undertaking legal proceedings against some members of the police forces. The Special
Rapporteur insists that excessive use of force in repressing riots and demonstrations violates a
State‟s obligations under international law on the use of firearms by law enforcement
personnel and, under appropriate circumstances, may constitute cruel, inhuman or degrading
treatment or torture. He recalls paragraph l of Human Rights Council Resolution 16/23
which “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States to
implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” The Special Rapporteur calls on the
Government to investigate, prosecute and punish all those responsible in all of the cases
mentioned in the communication, and provide the results of them. The Special Rapporteur
also requests the Government to undertake effective measures to prevent the recurrences of
these acts.
(c)
JUA 27/07/2012 Case No. IDN 7/2012 State reply: 25/09/2012 Alleged increasing use of
violence, including unlawful killings and the excessive use of force
46. The Special Rapporteur thanks the Government of Indonesia for its reply, dated
September 25, 2012, to this communication in reference to the allegedly increasing climate of
violence in Papua and West Papua by police, military forces, and non-state forces, as well as
the allegedly frequent use of excessive force against demonstrators. The Special Rapporteur
commends the Government for the investigations and prosecutions of many of the named
aggressors. Unfortunately, the Government did not mention an investigation in relation to the
situation at the Abepura Correctional Facility. The Special Rapporteur insists that excessive
use of force in repressing riots and demonstrations violates a State‟s obligations under
international law on the use of firearms by law enforcement personnel and, under appropriate
circumstances, may constitute cruel, inhuman or degrading treatment or torture. He recalls
paragraph l of Human Rights Council Resolution 16/23 which “[c]ondemns all forms of
torture and other cruel, inhuman or degrading treatment or punishment, including through
intimidation, which are and shall remain prohibited at any time and in any place whatsoever
and can thus never be justified, and calls upon all States to implement fully the absolute and
non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” The Special Rapporteur calls on the Government to investigate, prosecute and
punish all those responsible in all of the cases mentioned in the communication, and provide
the results of them. The Special Rapporteur requests the Government to undertake effective
measures to prevent the recurrences of these acts.
(d)
JAL 09/11/2012 Case No. IDN 12/2012 State reply: 21/01/2013 Allegations in relation to
a regulation on female genital mutilation passed on November 2010.
47. The Special Rapporteur thanks the Government of Indonesia for its reply, dated 21
January 2013, to this communication in reference to the alleged medicalization of female
circumcision via legislation authorizing certain doctors, nurses, and midwives to perform the
procedure. In its reply the Government explained that the sole purpose of the Ministry of
Health regulation is to protect women and girls from unsafe and harmful procedures of
female circumcision, with a en goal to mitigate the harmful effects of such practices
throughout the country. The regulation shall not be construed as encouraging or promoting
the practice of female circumcision. Furthermore the Government informs that in line with its
commitment toward international human rights norms and a standard, including those
concerning female genital mutilation (FGM), the Government is establishing a cross-sectorial
team at the national level on the issue of FGM in Indonesia. The team will continue working
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