Recommendations
(A/HRC/7/3/Add.7, para. 7292)
victim.
78. As a matter of urgent
priority, the period of police
custody should be reduced to a
time limit in line with
international standards
(maximum of 48 hours); after
this period the detainees
should be transferred to a pretrial facility under a different
authority, where no further
unsupervised contact with the
interrogators or investigators
should be permitted.
Situation during visit
Investigating authorities were
mostly institutionally linked to
suspected perpetrators, and
therefore not independent.
While the Criminal Procedure
Code authorized a maximum
length of 61 days only in very
specific circumstances, the
imposition of such a long period
was applied as a standard
procedure;
Government: Currently, there are no
new developments regarding the length
of police custody.
Government: Detention is regulated by
Law No. 8/1981 on Criminal Proceeding
Code, particularly Articles 24-29. A
warrant of detention or warrant of further
detention shall be served on a suspect/an
accused who is strongly presumed to
have committed an offense based on
sufficient evidence. The detention shall
meet the following requirements: it shall
be preceded by a warrant of detention; a
copy of such warrant must be provided to
the suspect/the accused person‘s family;
such warrant shall only be valid for at the
most 20 days.
113
According to Article 29, Section 1, for
the purpose of an examination, the period
of detention of a suspect/an accused may
be extended on the basis of proper and
unavoidable reasons, because: the
suspect/accused is suffering from a
serious physical/mental disturbances as
evidenced by a doctor‘s certificate, or the
case being examined is liable to
A/HRC/19/61/Add.3
Detainees remained under
exclusive police authority for a
period exceeding many times the
maximum period permitted under
international law, making abuses
more likely, and furthermore
rendering the detection of torture
significantly more difficult since
visible traces were likely to have
disappeared once the detainee had
been released or transferred.
Steps taken in previous years
(A/HRC/13/39/Add.6 and
Information received in the reporting
A/HRC/16/52/Add.2)
period
of internal and external mechanisms exist Indonesian National Police.
in Indonesia to monitor police work, but
none of these institutions had the
mandate, independence and authority to
hold police officers accountable for
human rights violations. An independent
public complaints board that would
guarantee that police officials who
violate human rights would be brought to
justice and victims receive reparations
was still lacking. Komnas Ham can
investigate allegations of torture as an
independent institution and has the
authority to conduct monitoring or
inquiries into allegations of torture, but it
can only make recommendations.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents