81. The maintenance of custody registers
should be scrupulously ensured.
Registers were either inexistent or lacked the
most important information;
Not all persons were registered;
Insufficient registers blurred accountability
and rendered external scrutiny more difficult.
Cases of torture were more easily hidden.
Many allegations of confessions under torture,
which were admissible during court
proceedings, were received.
83. Accessible and effective complaints
mechanisms should be established. These
should be accessible from all over the country
and from all places of detention; complaints
by detainees should be followed up by
independent and thorough investigations, and
complainants must be protected against any
reprisals. The agencies in charge of
conducting investigations, inter alia Probam,
should receive targeted training.
No effective and independent complaints
mechanism;
84. The Government of Indonesia should
expediently accede to the Optional Protocol to
the Convention against Torture, and establish
a truly independent National Preventive
Indonesia was not party to the OPCAT;
Mechanism (NPM) to carry out unannounced
visits to all places of detention.
81
85. The Government of Indonesia should
support the National Commission on Human
Torture survivors had no possibility to address
their complaints anywhere.
The National Human Rights Action Plan
(2004-2009) foresaw the ratification of the
Optional Protocol to the Convention against
Torture in 2008.
The National Human Rights Commission and
the Police signed a Memorandum of
Non-governmental sources: Although there are a
number of internal and external mechanisms monitoring
police work, none of these institutions has the mandate,
independence and authority to hold police officers
accountable for human rights violations. There is no
independent public complaints board that would
guarantee that police officials who violate human rights
are brought to justice and victims receive reparations.
However, torture survivors have the possibility to
address their complaints to Komnas HAM and its
regional representatives, which may open inquiries and
make recommendations. The Indonesian Police follow
up on Komnas HAM’s recommendations.
Non-governmental sources: Indonesia has not yet
signed the Optional Protocol. Komnas HAM will
propose to the Indonesian Police to give Komnas HAM
authority to visit police detention facilities with or
without announcement.
Non-governmental sources: The Memorandum of
Understanding between Komnas HAM and the Police is
A/HRC/13/39/Add.6
82. Confessions made by persons in custody
without the presence of a lawyer and which
are not confirmed before a judge shall not be
admissible as evidence against the persons
who made the confession. Serious
consideration should be given to video and
audio taping of interrogations, including of all
persons present.
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