E/CN.4/1994/31 page 70 342. On 13 September 1993 the Special Rapporteur sent another letter to the Government drawing its attention inter alia to Commission on Human Rights resolution 1993/97 entitled "Situation in East Timor", in paragraph 8 of which the Commission encouraged once again the Indonesian authorities to take the necessary steps to implement the recommendations presented by the Special Rapporteur on the question of torture in the report he had submitted following his visit to Indonesia and East Timor and to keep the Special Rapporteur informed of the progress made towards their implementation. On this basis the Special Rapporteur addressed the following questions to the Government: (a) According to the Government’s letter of 26 January 1993, one of the tasks of the Inter-agency Permanent Committee on Human Rights is to study the question of Indonesia’s accession to international human rights instruments. Has the Committee come to any conclusion or made a particular recommendation in this regard? (b) Has the drafting of the new Criminal Code been completed? Does the draft text contain any provision recognizing torture as a criminal offence? If so, what penalty is provided for in respect to this offence? (c) Have any steps been taken in order to revise or repeal the Anti-Subversion Law? (d) Have any steps been taken to establish a system of regular visits to all places of detention, including police stations, by an independent authority? (e) Has any authority or agency independent of the security forces and law enforcement authorities been given powers to investigate allegations of human rights violations, including torture? (f) Have any measures been envisaged in order to ensure a greater involvement of the public prosecutors in criminal investigation? (g) Would it be possible to obtain information about the number and identity of members of the armed forces and the police found guilty of committing or condoning torture during the last two years, together with an indication of the measures taken against them? Were they prosecuted by a military or by a civilian court? (h) Have any measures been adopted to ensure that statements extracted under torture are not admitted as evidence in legal proceedings? (i) Would it be possible to obtain information about decisions in which a court eventually concluded that a detainee’s statement had been obtained under torture? Did the victim obtain any kind of compensation? (j) With a view to ensuring that all detainees have access to a lawyer, have any measures been envisaged in the long or short term in order to increase the number of defence lawyers in the country?

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