decision of the Attorney-General not to prosecute a case, as well as the absence of security of appointment of its
members. Since, according to Law 26/2000, Komnas HAM has the sole responsibility for conducting initial
investigations of “gross violations of human rights”, including torture, these limitations can impede efforts to
prosecute perpetrators of torture. The Committee is concerned at the fact that members of the Government have
stated that military officials should ignore the summons from Komnas HAM in connection with its investigations of
gross violations of human rights, such as in the Talangsari, Lampung killing case (arts. 2 and 12).
The State party should ensure the effective functioning of Komnas HAM by adopting adequate
measures, inter alia, by strengthening its independence, mandate, resources and procedures, and
reinforcing the independence and security of its members. Members of the Government and other
high-ranking officials should fully cooperate with Komnas HAM.
Lack of effective investigation and prosecution by the Attorney-General
(25) The Committee is concerned by the absence of prompt, impartial and effective investigations into allegations
of torture and ill-treatment by the Attorney-General’s office, including with regard to cases presented by the
National Commission on Human Rights (Komnas HAM), such as in the Wasior, Wamena (1997/1998) enforced
disappearances or Trisakti, Semanggi I and Semanggi II cases (art. 12).
The State party should reform the Attorney-General’s office to ensure that it proceeds with criminal
prosecution into allegations of torture and ill-treatment with independence and impartiality. In
addition, the State party should establish an effective and independent oversight mechanism to ensure
prompt, impartial and effective investigation into all allegations of torture and ill-treatment. The State
party should also publish, without delay, the reports of Komnas HAM investigations.
Monitoring detention facilities and preventive mechanism
(26) The Committee is concerned about the absence of an effective independent monitoring mechanism on the
situation of detainees, including unannounced visits to all places of detention or custody. The Committee is further
concerned that the State party’s intention to devolve to local authorities a variety of such mechanisms may lead to
different standards of monitoring of detention facilities throughout the State party (art. 2).
The State party should establish consistent and comprehensive standards for independent monitoring
mechanisms of all places of detention, ensuring that any body established, at the local or the national
level, has a strong and impartial mandate and adequate resources.
International judicial cooperation
(27) The Committee is concerned with the State party’s lack of international judicial cooperation in investigating,
prosecuting or extraditing perpetrators of acts of gross human rights violations, especially with regard to acts
perpetrated in East Timor in 1999. Furthermore, it is deeply troubled at evidence that alleged perpetrators of war
crimes wanted by Interpol, such as Colonel Siagian Burhanuddhin, for whom Interpol has issued a red notice, are
currently serving in the Indonesian military forces. The Committee regrets the refusal of the State party to provide
information on the result of its cooperation with United Nations and Timorese institutions, especially as full
cooperation was recommended by the Committee in its previous concluding observations. The Committee is further
concerned that the Commission on Truth and Friendship between Indonesia and Timor-Leste has a mandate to
recommend amnesties, including for those involved in gross human rights violations (arts. 5, 6, 7, 8 and 9).
The State party should fully cooperate with Timorese, United Nations and relevant international
institutions, in particular by providing assistance in investigations or court proceedings, including
affording full access to relevant files, authorizing visits and transferring suspects wanted by Interpol or
other relevant authorized bodies. The State party should investigate actively and secure alleged
suspects of human rights violations, who should be extradited or prosecuted in the State party.
The State party should not establish nor engage in any reconciliation mechanism that promotes
amnesties for perpetrators of acts of torture, war crimes or crimes against humanity.
69
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