Situation during visit Steps taken in previous years (A/HRC/13/39/Add.6 and A/HRC/16/52/Add.2) Information received in the reporting period imprisonment of nine years or more. Article 29, Section 6, ,stipulates that after 60 days period, even though the case in question is still being examined or has not yet been decided, the suspect/accused must have been released from detention by operation of law. The Ministry of Justice and Human Rights, Ministry of Finance, the Indonesian National Police and the Attorney have concluded a MoU dated 9 June on the Management of Penitentiaries which are not managed by the Ministry of Justice and Human Rights. 79. All detainees should be effectively guaranteed the ability to challenge the lawfulness of the detention before an independent court, e.g. through habeas corpus proceedings. Whereas the Criminal Procedure Code contains a provision allowing detainees the right to challenge the validity of detention, the Special Rapporteur has received numerous indications that this procedure is not used in practice; Women held in Social Welfare Centres have no access to judicial review of their detention. Government: The habeas corpus act procedure in a format of pre-trial hearing is stipulated in Articles 77-83 Law No. 8/1981 on Criminal Proceedings Code. The articles enable the accused/defendant/members of their family to submit a request for an examination of the legality of an arrest/detention. Following such request, within 3 days, the judge shall set the day of the pre-trial hearing. Within 7 days at the latest, the judge must have passed his/her judgment. In the event that the judgment rules that an arrest/detention is illegal, the suspect/defendant must immediately be released. A suspect/an accused shall have the rights to obtain legal assistance from one or more legal counsels during the period of and at every stage of examination. The penitentiary will not detail a A/HRC/19/61/Add.3 114 Recommendations (A/HRC/7/3/Add.7, para. 7292)

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