E/CN.4/2000/4/Add.2
page 18
the United Nations Office at Geneva, the Working Group expressed its
appreciation to the Government of Indonesia for the prisoners' release.
70.
The Group interviewed several prisoners at Tanggeran women's prison in
Jakarta and at Becora prison in Dili who claimed that they had not appealed
their sentences because they had been made to understand by the judge either
that it would be futile or that the sentence would be increased on appeal.
One woman detained at Tanggeran prison, who had been sentenced to two years'
imprisonment, claimed that she had been told that she could appeal if she paid
a certain amount of money to the court. Whereas her co-defendants paid this
sum and had their sentences reduced on appeal, she and her husband were unable
to do so and had their sentences confirmed. Such practices, which are
patently illegal, are also incompatible with the principle of impartiality and
independence of the judiciary.
Right to be presumed innocent until found guilty as charged
71.
Dita Indah Sari, a member of the PRD/PPBI who is currently serving a
five-year sentence at Tanggeran women's prison, informed the Group that
throughout her 11-month pre-trial detention, the presumption of innocence in
her and her co-defendants' case was severely compromised by public statements
of the authorities about her, as well as propaganda against her in the media
before and during the trial. This assessment was shared by another PRD member
detained at another prison (Cipinang).
Right to remain at liberty pending prosecution and adjudication
72.
According to the Deputy Attorney-General, the vast majority of
individuals charged with criminal offences are detained pending trial. The
percentage of those who remain free, even on bail, is “minimal” on the
admission of the authorities themselves. Release on bail is decided upon by
the authority by which the individual is detained - the police during the
initial stage, the prosecutor at the subsequent stage and the judge at the
final stage. The amount of bail is set by the authority detaining the
individual and thus by the police at the initial stage which, apparently,
often exposes police officers and other authorities to the temptation of
corruption. These practices are incompatible with article 9, paragraph 3, of
the International Covenant on Civil and Political Rights, pursuant to which
detention pending trial should be the exception and not the rule.
Right to be brought promptly before a judge or other officer authorized by law
to exercise judicial power
73.
An individual may be detained for the purposes of the preliminary
inquiry for a period of up to 60 days without there being any legal obligation
to present this individual before a prosecutor; similarly, it is not a legal
obligation to present this person before a judge during the 170 subsequent
days (see paras. 33-34 above). The competent authority must, however, notify
the detained person of the prolongation of his/her detention (art. 21,
paras. 1-3 of the Code of Criminal Procedure). In the course of its visit,
the Working Group was informed by a number of detainees at Metro Polda Jaya
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