CAT/C/TLS/CO/1
(c)
Ensure the strict separation of pretrial detainees from convicted
detainees, juveniles from adults and women from men in all detention facilities and
seek to create separate detention facilities for juveniles as well as for women and to
ensure that appropriate services are available for members of both groups;
(d)
Continue to install video surveillance equipment in all areas of custody
facilities where detainees may be present, except in cases in which detainees’ rights to
privacy or to confidential communication with their lawyer or doctor may be violated.
Such recordings should be kept in secure facilities and made available to investigators,
detainees and lawyers.
Internal prison complaint mechanism
26.
The Committee regrets the lack of information provided by the State party regarding
the existence of an internal prison complaint mechanism (art. 13).
27.
The State party should:
(a)
Establish a fully independent complaint mechanism that persons
deprived of their liberty can access confidentially and that has the authority to
investigate promptly, impartially and effectively all reported allegations of and
complaints about acts of torture and ill-treatment;
(b)
Ensure that all suspected perpetrators of torture and ill-treatment are
immediately suspended from their duties and remain suspended for the whole period
of the investigation, particularly where there is a risk that they would otherwise be in
a position to reoffend, carry out acts of reprisal against the alleged victim or hinder
the investigation.
Inspection of detention centres
28.
While welcoming the establishment by the Ministry of Justice of the prison support
service network and taking into account the explanations of the delegation concerning the
prison monitoring activities undertaken by the Ministry of Health, the Ministry of Justice
and the Office of the Ombudsman for Human Rights and Justice, the Committee regrets
that the State party has not provided information on specific measures taken by prison
authorities or prosecutors in response to the recommendations made and complaints of illtreatment received by representatives of these government departments and other public
bodies.
29.
The State party should:
(a)
Ensure that the personnel of the Office of the Ombudsman for Human
Rights and Justice and members of non-governmental human rights organizations are
able to access all places of deprivation of liberty, without prior notice or authorization,
and ensure that the Office of the Ombudsman for Human Rights and Justice has
adequate resources to conduct regular monitoring of all places of detention and follow
up on the response of authorities to complaints it brings to their attention;
(b)
Ensure effective follow-up of recommendations arising from monitoring
activities at detention centres and systematically collect data on the outcome of any
complaints of ill-treatment received by monitors, including on any investigations
undertaken and criminal or disciplinary proceedings resulting from such complaints;
(c)
Consider ratifying the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Asylum and non-refoulement
30.
While noting the information provided by the delegation, the Committee remains
concerned at reports that the State party may have acted in breach of the principle of nonrefoulement during the period under review. Of particular concern is the forcible return to
Indonesia, in July of 2013, of a group of 95 potential asylum seekers from the Rohingya
minority in Myanmar and Bangladesh. While taking note of the adoption of a new
Immigration and Asylum Law in 2017, the Committee is concerned that the new law retains
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