Situation during visit Information on steps taken since the visit Indonesia’s domestic legal norms did not contain a definition of torture which was in line with the Convention of Torture; Non-governmental sources: There is no legal provision containing a definition and prohibition of torture in line with the United Nations Convention against Torture (UNCAT). The draft bill to rectify these shortcomings is still pending. Similarly, no amendments have been made with regard to introducing penalties which would be commensurate to the gravity of the crime. Komnas HAM (the National Human Rights Commission) can take up individual complaints; however, it is only mandated to formulate recommendations. (A/HRC/7/3/Add.7, para. 72-92). Impunity 73. Torture should be defined and criminalized as a matter of priority and as a concrete demonstration of Indonesia’s commitment to combat the problem, in accordance with articles 1 and 4 of the Convention against Torture, with penalties commensurate with the gravity of torture. Indonesia’s Criminal Code referred only to “maltreatment”, which lacked several elements of the torture definition, such as the elements of purpose, mental pain or suffering, and agency. Draft bills to rectify these shortcomings had been considered for several years without being adopted; The Criminal Code outlawing inter alia the extraction of a confession stipulated a maximum imprisonment of only four years; Law 39/1999 on Human Rights referred to the prohibition of torture, however lacks an effective mechanism for dealing with individual complaints since it was restricted to cases perpetrated as part of “a broad and systematic attack against civilians”. 74. The declaration should be made with respect to article 22 of the Convention recognizing the competence of the Committee against Torture to receive and consider communications from individuals who claim to be victims of a violation of the provisions of the Convention. Indonesia had not made a declaration under article 22 UNCAT. Non-governmental sources: No declaration has been made under article 22. 75. The Government should ensure that corporal punishment, independently of the physical suffering it causes, is explicitly Sharia law, incorporated into the 2005 Aceh Criminal Code, provided for flogging and affected disproportionally women; Non-governmental sources: In September 2009 the Aceh Legislative Council adopted a new Islamic Criminal Legal Code which imposes severe sentences for consensual extra-marital sexual relations, rape, A/HRC/13/39/Add.6 78 Recommendations