E/CN.4/2000/4/Add.2
page 21
note the existence of marks and injuries), with a view to soliciting
information about the alleged offence or obtaining a confession.
85.
Evidence and allegations of ill-treatment in detention or confessions
obtained under duress are all too frequently ignored by the courts. It is the
opinion of the Working Group that cases in which information is solicited
through use of force against or ill-treatment of the accused and later
admitted as evidence during the trial must be subsumed under category III of
its methods of work.
IV.
CONCLUSIONS
86.
During its visit, the Working Group was able to evaluate the beginnings
of the democratization movement in Indonesia, even if much progress remains to
be made. Symptomatic of this process is the release of the former PKI
prisoners on 25 March 1999.
87.
The events of May 1998, which put an end to an authoritarian regime
that had been in power for more than 30 years, resulted in many positive
developments for the enjoyment of fundamental freedoms and human rights.
Freedom of the press has made considerable progress, as have freedom of
assembly and association, the development of political parties, etc.
Nonetheless, the litmus test will be the general elections of 7 June 1999,
which will be governed by electoral laws that have been vastly improved, even
though, in the opinion of several individuals interviewed by the Group, they
still contain loopholes which might facilitate electoral fraud. In general,
and in particular in the first few months after the change in government, the
Indonesian people harboured great expectations. With the passing of time,
some of these expectations have been reduced, partly owing to the severe
economic crisis that has affected Indonesia.
88.
Among the positive measures the Working Group wishes to set out are the
following:
The release of many political prisoners, notably those belonging to the
former PKI. The measure announced by the Government on 25 March 1999
was recommended with insistence by the Group during its visit;
Decreasing resort to use of the Anti-Subversion Law and other
legislative texts which, for many years, facilitated arbitrary
deprivation of liberty;
The elimination of the generalized practice of prolonged detention for
political motives.
89.
On the other hand, the incidence of violence accompanying repressive
activities has hardly diminished (for example, in Aceh, Irian Jaya and
East Timor). Arrests continue to be characterized by numerous flaws that
result in detentions being arbitrary within the meaning of one of the three
categories under the Group's working methods.
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