The State party should take all necessary measures to implement the current laws combating
trafficking and provide protection for victims and their access to medical, social rehabilitative and
legal services, including counselling services, as appropriate. The State party should also create
adequate conditions for victims to exercise their right to make complaints, conduct prompt, impartial
and effective investigation into all allegations of trafficking and ensure that perpetrators are brought
to justice and punished with penalties appropriate to the nature of their crimes.
The State party is strongly encouraged to strengthen the role of Indonesian diplomatic and consular
missions abroad, in accordance with Presidential Instruction No. 6/2006, reinforcing the Citizens’
Advisory Services, as well as its cooperation with countries receiving Indonesian migrant workers. The
State party should ensure independent monitoring of terminal 3 of Jakarta international airport,
including by civil society organizations.
Harassment and violence against human rights defenders
(21) The Committee expresses its concern at information on a common pattern of harassment and violence against
human rights defenders, corroborated by the Special Representative of the Secretary-General on the situation of
human rights defenders in her report on her visit to Indonesia (A/HRC/7/28/Add.2) in June 2007. Such actions
severely hamper the capacity of civil society monitoring groups to function. The Committee notes with satisfaction
the sentence of 25 January 2008 of the Supreme Court convicting and sentencing one person for the murder of
Munir Said Thalib to 20 years of imprisonment, but regrets that the instigators of this crime have not yet been
brought to justice (art. 16).
The State party should take all necessary steps to ensure that all persons, including those monitoring
human rights, are protected from any intimidation or violence as a result of their activities and
exercise of human rights guarantees, and to ensure the prompt, impartial and effective investigation of
such acts.
Administration of justice and the judiciary
(22) The Committee is concerned about numerous extensive allegations, corroborated by the Special Rapporteur
on the independence of judges and lawyers in his report (E/CN.4/2003/65/Add.2) and other sources, of corruption in
the administration of justice, in particular in the judiciary, and of collusion and nepotism in the public prosecution
service, as well as with members of an under-regulated legal profession (arts. 2 and 12).
As the State party continues its process of transition to a democratic regime committed to upholding
the rule of law and human rights, it should strengthen the independence of the judiciary, prevent and
combat corruption, collusion and nepotism in the administration of justice, and regulate the legal
profession.
Human rights courts and ad hoc human rights courts
(23) The Committee is troubled that human rights courts, including ad hoc ones, which are designed to deal
“specifically with gross violations of human rights”, including torture, genocide and crimes against humanity,
pursuant to Law No. 26/2000, were not able to secure the conviction of any of the alleged perpetrators of gross
human rights violations in relation to the Tanjung Priok (1984), East Timor (1999) and Abepura (2000) cases,
especially now that the Supreme Court has acquitted Enrico Guterres (arts. 2, 6 and 12).
The State party should consider amending its legislation on human rights courts, since they face
serious difficulties in carrying out their judicial mandate, which has lead to de facto impunity for
perpetrators of gross human rights violations.
National Commission on Human Rights
(24) The Committee remains concerned about the difficulties the National Commission on Human Rights
(Komnas HAM) has had in carrying out its functions owing in part to the lack of cooperation from other State party
institutions, the failure of State officials to publish the reports on its investigations, its inability to challenge a
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