(e)
Law No. 23/2002 on Child Protection;
(f)
Presidential Decree No. 40/2004 on the second National Plan of Action on Human Rights
(2004-2009);
(g)
Presidential Decree No. 87/2003 on the National Plan of Action on the Eradication of Sexual
Exploitation of Women and Children, No. 88/2002 on the National Action Plan to Combat Trafficking of Women
and Children, No. 87/2002 on the National Action Plan to Combat the Commercial Sexual Exploitation of Children,
and No. 59/2002 on the National Action Plan to Combat the Worst Forms of Child Labour, as well as Government
regulation No. 9/2008 on Procedures and Methods for Integrated Services for Witnesses and Victims of Trafficking
in Persons.
(6)
The Committee welcomes the accession of Indonesia to the International Covenant on Civil and Political
Rights in 2006.
(7)
The Committee also notes with appreciation that Indonesia responded positively to the recommendation of
the Committee to receive the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment and that a visit to the State party was made in November 2007. The Committee further notes that the
Government of Indonesia has also received other special rapporteurs of the Human Rights Council, including the
Special Rapporteur on the human rights of migrants, the Special Representative of the Secretary-General on the
situation of human rights defenders and the Special Rapporteur on the independence of judges and lawyers.
(8)
The Committee further notes with satisfaction that specific reports were submitted to the Committee by the
National Commission on Violence Against Women (Komnas Perempuan) and the National Human Rights
Commission (Komnas HAM). The Committee regrets that the latter could not attend its meetings.
(9)
The Committee also welcomes the efforts made by non-governmental organizations, especially national and
local organizations, to provide it with relevant reports and information, and encourages the State party to strengthen
further its cooperation with them with regard to the implementation of the provisions of the Convention.
C. Subjects of concern and recommendations
Widespread torture and ill-treatment and insufficient safeguards during police detention
(10) The Committee is deeply concerned about the numerous, ongoing credible and consistent allegations,
corroborated by the Special Rapporteur on torture in his report (A/HRC/7/3/Add.7) and other sources, of routine and
widespread use of torture and ill-treatment of suspects in police custody, especially to extract confessions or
information to be used in criminal proceedings. Furthermore, there are insufficient legal safeguards for detainees,
including:
(a)
Failure to bring detainees promptly before a judge, thus keeping them in prolonged police custody for
up to 61 days;
(b)
Absence of systematic registration of all detainees, including juveniles, and failure to keep records of
all periods of pretrial detention;
(c)
Restricted access to lawyers and independent doctors and failure to notify detainees of their rights at
the time of detention, including their rights to contact family members (arts. 2, 10 and 11).
As a matter of urgency, the State party should take immediate steps to prevent acts of torture and
ill-treatment throughout the country and to announce a zero-tolerance policy on any ill-treatment or
torture by State officials.
As part of this, the State party should implement effective measures promptly to ensure that all
detained suspects are afforded, in practice, all fundamental legal safeguards during their detention.
These include, in particular, the right to have access to a lawyer and an independent medical
examination, to notify a relative, and to be informed of their rights at the time of detention, including
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