E/CN.4/2000/4/Add.2
page 24
A campaign to sensitize lawyers, NGOs, prosecutors and judges to the
procedure of habeas corpus (pre-trial hearing procedure), so that
confidence in this procedure may be restored;
Technical cooperation programmes necessarily require the training of
members of human rights organizations, as well as of the lawyers
defending the activities of such organizations;
The sensitization of prosecutors to the fact that they must ensure that
every prolongation of their detention is effectively notified to
detained persons in conformity with the applicable provisions of the
Code of Criminal Procedure;
The establishment of the habeas corpus (pre-trial) procedure for
military justice.
Recommendation 5
99.
Reform of the Code of Criminal Procedure: there should be a legal
obligation to present the detained person before a judge or any other
authority authorized by law to exercise such functions, promptly and in
person.
Recommendation 6
100. Creation of a central detention register: the Government of Indonesia
should establish a central register of detainees, which would enable judicial
authorities and penitentiary administrations to monitor the location and
transfers of, and status of judicial proceedings in respect of, all detainees
in Indonesia.
Recommendation 7
101. National Commission for Human Rights (KOMNAS HAM): legislation should
be drafted and enacted promptly which would guarantee the independence of all
activities of the Commission by taking into account all the Principles
relating to the status of national institutions for the promotion and
protection of human rights (the so-called “Paris Principles”, adopted by the
General Assembly in its resolution 48/134 of 20 December 1993).
Recommendation 8
102. Emergency laws: all emergency laws and measures should be abrogated and
replaced by a legal system which would be applicable in times of national
crisis and in states of emergency and which would be compatible with article 4
of the International Covenant on Civil and Political Rights, i.e.: legal
procedure for the proclamation of the state of emergency; listing of all
non-derogable rights; measures ensuring respect for the principle of
proportionality, both in relation to time (limited duration and renewal
subject to specific conditions) and to space (limitation to the zones covered
by a state of emergency).
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