E/CN.4/2000/4/Add.2
page 23
technology, which means that their protection work is limited in scope.
Failure to use the pre-trial hearing procedure under the Code of Criminal
Procedure is due, in part, to the impossibility of mounting defence programmes
in urgent cases.
93.
In its contacts, particularly with lawyers and representatives of civil
society, the Group developed the feeling that several decades of authoritarian
regimes in Indonesia have often contributed to some form of desensitization in
relation to human rights. This can take the form of loss of confidence in
institutions, of acceptance of the absence of the rule of law and of a certain
fatalism vis-à-vis the phenomena of impunity and corruption. On this last
point, the Working Group considers that the envisaged judicial proceedings
against the highest official of the former regime, especially for embezzlement
of public funds and other economic crimes, should be conducted with firmness,
independence and transparency so as to permit public opinion to regain
confidence in the country's institutions.
V.
RECOMMENDATIONS
94.
Apart from encouraging continuation of the process of ratification of
several international human rights instruments which is either under way or
under examination, the Group makes the following recommendations.
Recommendation 1
95.
First priority: to intensify, on a non-discriminatory basis, measures
consistent with the current policy of releasing all political prisoners
incarcerated or convicted under the old regime.
Recommendation 2
96.
Second priority: to reinforce the independence of the police by
separating them from the armed forces and placing them under the sole
authority of the Ministry of Justice or, at the very least, a civil authority.
Recommendation 3
97.
Third priority: to reinforce the independence of the judges by placing
the judiciary under the authority not of the Ministry of Justice but of the
Supreme Court. The law should guarantee that they cannot be removed from
office, which implies that their status of civil servants should be eliminated
and that they should be granted a specific status guaranteeing their personal
independence.
Recommendation 4
98.
Information and education efforts should be intensified, especially in
the context of bilateral or multilateral technical cooperation programmes,
with a view to ensuring respect for and proper implementation of certain
existing laws which provide sufficient procedural guarantees. Priority should
be given to:
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