The Committee reiterates its previous recommendations and the recommendations of the Special
Rapporteur on torture on the report on his visit to Indonesia, that the State party should, without
delay, include a definition of torture in its current penal legislation in full conformity with article 1 of
the Convention. Two approaches merit consideration: (a) the prompt adoption of the draft
comprehensive Penal Code; and (b) the adoption of a stand-alone specific bill on torture, following the
State party’s example of adopting other individual laws in the field of human rights, such as those
welcomed in paragraph 5 above.
The State party should also ensure that all acts of torture are punishable by appropriate penalties
which take into account their grave nature, as set out in paragraph 2, article 4, of the Convention.
Coerced confessions
(14) The Committee is concerned that the current investigation system in the State party relies on confessions as a
common form of evidence for prosecution, thus creating conditions that may facilitate the use of torture and
ill-treatment of suspects. The Committee regrets that the State party did not sufficiently clarify the legal provisions
ensuring that any statements that have been made under torture shall not be invoked as evidence under any
proceedings, as required by the Convention, and did not provide statistical information on such cases (art. 15).
The State party should take the measures necessary to ensure that criminal convictions require
evidence other than the confession of the detainee, and ensure that statements that have been made
under torture are not invoked as evidence in any proceedings, except against a person accused of
torture, in accordance with the provisions of the Convention.
The State party is requested to review criminal convictions based solely on confessions in order to
identify instances of wrongful conviction based on evidence obtained through torture or ill-treatment,
to take appropriate remedial measures and to inform the Committee of its findings.
Local regulations and breaches of the Convention
(15) The Committee is deeply concerned that local regulations, such as the Aceh Criminal Code, adopted in 2005,
introduced corporal punishment for certain new offences. The Committee is concerned that the enforcement of such
provisions is under the authority of a “morality police”, the Wilayatul Hisbah, which exercises an undefined
jurisdiction and whose supervision by public State institutions is unclear. Furthermore, the Committee is concerned
that the necessary legal fundamental safeguards do not exist for persons detained by such officials, including the
absence of a right to legal counsel, the apparent presumption of guilt, the execution of punishment in public and the
use of physically abusive methods (such as flogging or caning) that contravene the Convention and national law. In
addition, it is reported that the punishments meted out by this policing body have a disproportionate impact on
women (arts. 2 and 16).
The State party should review all its national and local criminal legislations, especially the 2005 Aceh
Criminal Code, that authorize the use of corporal punishment as criminal sanctions, with a view to
abolishing them immediately, as such punishments constitute a breach of the obligations imposed by
the Convention.
Furthermore, such a policing body undermines the provisions of Law No. 22/1999 on Regional
Autonomy and Law No. 32/2004 on Local Government, which provide that law, religion and security
sectors remain under the authority of the national Government.
The State party should also ensure that the members of the Wilayatul Hisbah exercise a defined
jurisdiction, are properly trained and operate in conformity with the provisions of the Convention,
especially on the prohibition of torture and ill-treatment, and that their acts are subject to review by
ordinary judicial authorities. State institutions should supervise the actions of the Wilayatul Hisbah
and ensure that fundamental legal safeguards apply to all persons who are accused of violating matters
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