A/HRC/13/39/Add.6 Indonesia Follow-up of the recommendations of the Special Rapporteur on Torture (Manfred Nowak) pursuant his visit to Indonesia from 10 to 23 November 2007 (A/HRC/7/3/Add.7) 32. On 23 October 2009, the Special Rapporteur sent the table below to the Government of Indonesia requesting information and comments on the follow-up measures taken with regard to the implementation of his recommendations. The Special Rapporteur regrets that the Government has not provided any input. He looks forward to receiving information on Indonesia’s efforts to follow up to his recommendations and he reaffirms that he stands ready to assist in efforts to prevent and combat torture and ill-treatment. 33. While recognizing the overall commitment by the Government of Indonesia to uphold and promote human rights, the Special Rapporteur regrets that, according to nongovernmental sources the Indonesian legal framework still lacks an adequate definition, prohibition, and punishment of torture. The Special Rapporteur positively notes the existence of several internal and external mechanisms to monitor police work and is encouraged by the Memorandum of Understanding between the police and Komnas HAM (National Human Rights Commission). Unfortunately, these mechanisms fall short of the required independence and authority to initiate processes which effectively lead to the establishment of accountability. The lack of independent and effective monitoring mechanisms, including the possibility to conduct unannounced visits and confidential interviews with detainees, as well as accessible complaints mechanisms continues to contribute to impunity and an environment conducive to the perpetration of torture. The Special Rapporteur is particularly concerned by numerous allegations of excessive use of force applied as part of indiscriminate village “sweeping” operations in Papua. 34. Moreover, the Special Rapporteur is particularly concerned about the recent adoption of the new Islamic Criminal Legal Code in Aceh which provides for punishments such as stoning and caning, and is in clear contravention of the prohibition of torture and cruel, inhuman or degrading punishment and the obligation to prevent and prohibit corporal punishment. 35. The Special Rapporteur encourages the Government to continue its efforts to improve the conditions of detention, in particular to tackle overcrowding, and to ensure the separation of minors and adults, men and women, and pre-trial detainees and convicts. Measures to fight corruption - which is deeply ingrained in the criminal justice system shall be rigorously implemented and enforced as a matter of priority. In this regard, the Special Rapporteur is particularly concerned by information received indicating that pending legislation may undermine the effectiveness of the Anti-Corruption Commission. 36. The Special Rapporteur recalls his appeal to the Government to bring the maximum time limit for police custody (61 days) in line with international standards (48 hours), to ensure that all persons deprived of their liberty can effectively challenge the lawfulness of their detention before courts, to guarantee the inadmissibility of evidence obtained under torture, and to raise the criminal responsibility of minors (currently 8 years). The Special Rapporteur further urges the Government to abolish the death penalty and end all secrecy surrounding its execution. 37. Finally, the Special Rapporteur wishes to reiterate his appeal to the Government to make a declaration under article 22 CAT providing the UN Committee against Torture with the competence to receive and consider individual complaints, and furthermore to become party to the Optional Protocol to the Convention against Torture (OPCAT) providing for a national preventive mechanism. 77