E/CN.4/1997/7
page 22
Indonesia
91.
By letter dated 11 July 1996 the Special Rapporteur advised the
Government that he had continued to receive reports indicating that torture or
other ill-treatment of both criminal suspects and persons detained for
political reasons was occurring on a widespread basis in Indonesia. Persons
said to be particularly vulnerable to such abuse were those arrested within
the context of counter-insurgency operations in Irian Jaya and East Timor,
workers engaging in strikes or unauthorized union activities, student
demonstrators and journalists.
92.
The use of torture was reportedly facilitated by the following factors:
the near-impunity enjoyed by members of the security forces; the frequent
practice of unacknowledged and/or arbitrary detention; the denial to detainees
of access to legal counsel; and restrictions on such access by human rights
monitors. The methods of torture reported include beatings all over the body
with fists, pieces of wood, iron bars, cables, bottles or rocks; burning with
cigarettes; electric shocks; rape and other sexual abuse; suspension
upside-down by the ankles; sleep and food deprivation; and death threats.
93.
The National Commission on Human Rights (
Komnas HAM ) was said to lack
full independence and effectiveness, as evidenced by its apparent failure to
consider, in its investigation of the riots in East Timor of September and
October 1995, a number of human rights violations, including torture,
allegedly committed by members of the security forces. In addition, being
under no formal obligation to act on the Commission's findings, the Government
had reportedly ignored them partially or wholly.
94.
By letter dated 20 October 1996 the Government stated that by presenting
sweeping allegations, without any substance whatsoever, that torture was
widespread in Indonesia, the Special Rapporteur was engaging in a questionable
method of work. Allegations of this nature should not be processed by the
Special Rapporteur. The Government stressed that it had neither the time nor
the inclination to explain that the Indonesian National Commission on Human
Rights had all the power and resources to be operational and independent. To
explain this matter, on behalf of the Commission, would be an irresponsible
attempt to tamper with its work. The Government also provided quotations from
an Indonesian human rights lawyer, a former Chairman of the Indonesian Legal
Aid Foundation, the United States Secretary of State and a United States
Under-Secretary of State, all commenting favourably upon the work of the Human
Rights Commission.
Information transmitted to the Government in connection with the Special
Rapporteur's visit to Portugal
95.
By letter dated 19 September 1996 the Special Rapporteur informed the
Indonesian Government that the Government of Portugal had invited him to visit
Lisbon in order to meet a number of East Timorese persons residing in Portugal
who had allegedly been tortured by Indonesian security forces prior to leaving
their country. Partly due to the fact that the Government of Indonesia had
replied negatively (at least until spring 1997) to the Special Rapporteur's
request for a visit to Indonesia and East Timor, he decided to accept the
invitation. The Special Rapporteur considered that that opportunity to obtain
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