about the charges laid against them, as well as to appear before a judge within a time limit in
accordance with international standards. The State party should also ensure that all suspects under
criminal investigation are registered, especially children.
The State party should also reinforce its training programmes for all law enforcement personnel,
including all members of the judiciary and prosecutors, on the absolute prohibition of torture, as the
State party is obliged to carry out such training under the Convention. Furthermore, it should keep
under systematic review interrogation rules, instructions, methods and practices with a view to
preventing cases of torture.
Disproportionate use of force and widespread torture during military operations
(11) The Committee is also deeply concerned about numerous, ongoing credible and consistent allegations,
corroborated by the report of the Special Rapporteur on torture and other sources, of the routine and disproportionate
use of force and widespread torture and other cruel, inhuman and degrading treatment or punishment by members of
the security and police forces, including by members of the armed forces, mobile police units (“Brimob”) and
paramilitary groups during military and “sweep” operations, especially in Papua, Aceh and in other provinces where
there have been armed conflicts (arts. 2, 10 and 11).
The State party should take all necessary measures promptly to prevent security and police forces
from using disproportionate force and/or torture during military operations, especially against
children.
The State party should implement effective measures promptly to ensure that all persons are afforded
all fundamental legal safeguards during their detention. These include, in particular, training
programmes for all military personnel on the absolute prohibition of torture. The State party should
also ensure that all persons detained during military operations are always registered.
Impunity
(12) The Committee is deeply concerned that credible allegations of torture and/or ill-treatment committed by law
enforcement, military and intelligence services personnel are seldom investigated and prosecuted and that
perpetrators are either rarely convicted or sentenced to lenient penalties that are not in accordance with the grave
nature of their crimes. The Committee reiterates its grave concerns over the climate of impunity for perpetrators of
acts of torture, including military, police and other State officials, particularly those holding senior positions who are
alleged to have planned, commanded or perpetrated acts of torture. It notes with regret that no State official alleged
to have perpetrated torture has been found guilty, as confirmed by the Special Rapporteur on torture (arts. 2 and 12).
The State party should ensure that all allegations of torture and ill-treatment are investigated
promptly, effectively and impartially, and that the perpetrators are prosecuted and convicted in
accordance with the gravity of the acts, as required by the Convention.
In view of the State party’s reaffirmed commitment at the universal periodic review to combat
impunity (A/HRC/WG.6/1/IDN/4, para. 76.4), State officials should publicly announce a zero-tolerance
policy for perpetrators of acts of torture and other cruel inhuman and degrading treatment or
punishment and support prosecution.
Definition of torture and appropriate penalties for acts of torture
(13) While noting the acknowledgment by the State party that there was no Indonesian law which covers the
definition of torture as stated in article 1 of the Convention, the Committee remains concerned that the Indonesian
Criminal Code does not contain a definition of torture and also that the crime of torture as defined in article 1,
section 4, of Law No. 39/1999 on Human Rights and in article 9, paragraph (f) of Law No. 26/2000 on Human
Rights Courts is limited so that it is only applicable to “gross violations of human rights”. No perpetrators of acts of
torture have been convicted under these laws. The Committee is also concerned about the absence of appropriate
penalties applicable to acts of torture in the Penal Code, qualified as “maltreatment” in articles 351 to 358 of the
Code (arts. 1 and 4).
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