E/CN.4/1994/31
page 65
Observations
316. The Special Rapporteur recognizes that India’s tradition of respect for
the rule of law means that serious cases of torture, in particular those
resulting in death, may lead to disciplinary action and in some cases to
criminal proceedings. He would be grateful for further information on the
results of the various investigation or criminal or disciplinary proceedings
referred to in the Government’s replies. As regards action taken against
officers in Punjab and in Jammu and Kashmir, the Special Rapporteur would also
appreciate learning which such actions were in response to acts within the
Special Rapporteur’s mandate. The Special Rapporteur is also sensitive to the
"ferocity of the terrorism" faced by the Government of India in those
territories. He understands that the Government of India is not seeking to
invoke this serious problem to condone torture. The Special Rapporteur also
looks forward to receiving information on the success of the new National
Human Rights Commission in addressing this problem.
Indonesia
Information transmitted to the Government and replies received
317. By letter dated 26 August 1993 the Special Rapporteur advised the
Government that he had received information according to which, although
torture and ill-treatment are proscribed by the Constitution, the state
ideology Pancasila, the Criminal Code and the Code of Criminal Procedure,
it has been used routinely in Aceh by military and police authorities since
mid-1989, resulting in death in a number of cases. Torture has reportedly
been used against suspected supporters of the Aceh Merdeka movement, as well
as their colleagues or relatives, in order to obtain information or to
intimidate.
318. The methods most commonly used reportedly are: beating on the head,
shins and torso with fists, lengths of wood, iron bars, bottles, rocks and
electric cables; kicking with heavy military boots; burning with lighted
cigarettes; electrocution; slashing with razor blades and knives; death
threats, faked executions and deliberate wounding with firearms; pouring water
through the nose; immersion for long periods in fetid water; suspension upside
down by the feet; placing heavy objects on knees and other joints; isolation,
sleep and food deprivation; mutilation of the genitals, sexual molestation and
rape.
319. Incidents of torture and ill-treatment are reported to have taken place
at virtually every level of the military command structure, and in dozens of
security force installations. The districts most commonly cited are those of
Pidie, Aceh Utara, Aceh Timur, Aceh Besar and Aceh Tengah. Sometimes
detainees have also been transferred to various military and police
installations in Medan, North Sumatra, where they have also been tortured.
According to the reports, the fear of being returned to military custody and
of facing further torture compels many of those tried for political crimes to
plead guilty and offer no defence. The cases described in the following
paragraphs were transmitted to the Government.
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