Recommendations
(A/HRC/7/3/Add.7, para. 7292)
80. Judges and prosecutors
should routinely ask persons
arriving from police custody
how they have been treated,
and if they suspect that they
have been subjected to illtreatment, order an
independent medical
examination in accordance
with the Istanbul Protocol,
even in the absence of a
formal complaint from the
defendant.
Situation during visit
Judges and prosecutors did not
routinely enquire whether persons
had been ill-treated during police
custody or initiated any ex-officio
investigations;
Reports about non-action of
judges, prosecutors and other
members of the judiciary vis-àvis allegations of torture;
No medical examinations are
carried out after transfer of
detainees;
Steps taken in previous years
(A/HRC/13/39/Add.6 and
A/HRC/16/52/Add.2)
Information received in the reporting
period
suspect/an accused without a warrant.
Government: Complete police records
on the medical condition of prisoners are
essential for transferring prisoners from
the offices of the National Police to the
Attorney-General‘s Office. Unless this
complete record is produced, state
prosecutors will reject the transfer of
prisoners since they will be held
responsible for any problems relating to
prisoners‘ health.
No forensic examinations are
carried out in cases of allegations
of abuse.
Registers were either inexistent or Government: Registration has been
lacked the most important
conducted at each stage of detention.
information;
Registration for internal purposes is
conducted by the Department of Justice
Not all persons were registered;
and Human Rights, the Indonesian
Armed Forces and the Indonesian
Insufficient registers blurred
National Police.
accountability and rendered
external scrutiny more difficult.
Any actions by police officers, including
Cases of torture were more easily detention, are registered in registration
hidden.
books B1 to B17, as stipulated in the
Book of Technical Guidelines, a Book of
Action Guidelines concerning
administrative procedures in conducting
investigations for criminal acts.
Government: The Indonesian National
Armed Forces has established four
military penitentiaries under the
supervision of the Central Military
Penitentiary, which also receives regular
updated data and report on the detainees.
82. Confessions made by
persons in custody without the
presence of a lawyer and
which are not confirmed
before a judge shall not be
Many allegations of confessions
under torture, which were
admissible during court
proceedings, were received.
Government: In accordance with Article
171 Law No. 31/1997 on Military Court,
a judge shall not sentence a defendant,
except when the judge acquires at least 2
legal evidences and convinces that a
Government: Investigators in the
Criminal Investigation Section of the
National Police have been instructed by
their superior officers to provide access
to the media when interrogating suspects.
A/HRC/19/61/Add.3
115
81. The maintenance of
custody registers should be
scrupulously ensured.
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