E/CN.4/2000/4/Add.2
page 20
79.
Lawyers for Mr. Gusmao confirmed to the Group that no lawyer was allowed
access to him during his interrogation. Although his family had authorized
YLBHI to represent him during interrogation, the authorities denied YLBHI
access to him at that stage.
Right to call witnesses on one's own behalf and to cross-examine witnesses
of the prosecution
80.
This right is guaranteed by article 165, paragraph 2, of the Code of
Criminal Procedure and by article 14, paragraph 3 (e), of the International
Covenant on Civil and Political Rights.
81.
Both in Jakarta and in East Timor, the Group obtained testimony from
several detainees to the effect that, on the one hand, they had been unable to
call witnesses to testify on their behalf as they had requested, or that, on
the other hand, they or their legal representatives had been denied the right
to question or cross-examine witnesses for the prosecution. Several of the
PRD detainees interviewed at Cipinang prison claimed that they had requested
numerous witnesses to testify on their behalf but that the court had either
declined to hear defence witnesses or had only accepted to hear a small
number. Thus, Mr. Suroso claimed that he had called 10 witnesses on his
behalf, of whom five had been refused; Mr. Pranowo contended that he had
called nine witnesses, none of whom had been allowed; Mr. Kurniawan indicated
that five out of eight witnesses he had called to testify on his behalf had
been refused. Similar statements were made by detainees interviewed by the
delegation at the prisons of Baucau, East Timor, and Becora prison, Dili,
East Timor.
82.
Mr. Kurniawan also indicated that his legal representatives had been
denied the opportunity to cross-examine the numerous witnesses called by the
prosecution. The Group further heard testimony to the effect that defence
lawyers are at times denied access to court documents before the start of the
trial and thus have great difficulties in preparing their clients' defence,
contrary to the guarantees in articles 143, paragraph 4, and 144, paragraph 3,
of the Code of Criminal Procedure. Taken together, such practices are
incompatible with the rights in article 14, paragraph 3 (b) and (e), of the
International Covenant on Civil and Political Rights.
Right not to testify against oneself
83.
This right is guaranteed by article 117, paragraph 1, of the Code of
Criminal Procedure and article 14, paragraph 3 (g), of the International
Covenant on Civil and Political Rights.
84.
The Group heard testimony from several detainees to the effect that
individuals are frequently convicted on the basis of uncorroborated
confessions. In several cases, detainees indicated that they had been forced
to sign self-incriminating statements or that statements had been obtained
from them under duress, through ill-treatment or psychological pressure.
Thus, prisoners interviewed at Salemba, Cipinang, Baucau and Becora prisons,
as well as at Metro Polda Jaya police station and Dili police station,
affirmed that they had been beaten or otherwise ill-treated at a police
station or in a military barracks (in some instances, the Group was able to
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