A/HRC/7/3/Add.7
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their implementation. Some detention facilities do not have enough female staff, as required by
international standards. However, he commends that pregnant women are often temporarily
released from custody to be able to deliver their baby, and that women in police custody as well
as in prisons can live together with their babies and are allowed to maintain very close contact
with their elder children.11
44. Regarding domestic violence, the Special Rapporteur welcomes the adoption of the 2004
law banning violence in the household and establishing complaints channels. However, he was
informed that many obstacles still hamper the implementation of this law, such as the lack of
awareness among law enforcement agencies and the public of the need to address domestic
violence, and the insufficient number of appropriate police units to deal with such complaints.
45. Confirming earlier received allegations, the Special Rapporteur came across a situation in
which police were actually mediating a rape case by supporting the payment of a fine as a
settlement of the case. Although the Special Rapporteur appreciates the traditional methods of
justice by means of mediation and conflict settlement, he wishes to underline that such
punishments are not commensurate with the gravity of the crime and are not in accordance with
the State’s obligation to protect women from private sexual violence. He also notes with concern
reports that in some incidences rape cases are resolved by forcing the rapist to marry the
victim.12
46. The Special Rapporteur is concerned that women are disproportionally affected by
corporal punishment provided for by the Aceh Criminal Code, which is based on Sharia law.
Besides public flogging, punishments include cutting the women’s dresses in public and forced
shaving of their heads, which constitute inhuman and degrading treatment. Moreover, the fact
that these punishments are carried out in public generates stigmatization and social sanctioning
lasting beyond the execution of the punishment, as women sentenced to such public punishments
are labelled as immoral by their husbands, families and communities. This social exclusion can
equally amount to inhuman and degrading treatment.
47. The Special Rapporteur visited Pasar Rebo Social Rehabilitation Centre (Dan Pelayanan
Sosial) in Jakarta. He did not receive any serious complaints regarding the conditions or
allegations of violence and commends that the detained women receive vocational training.
However, the Special Rapporteur is concerned that since the women are held outside the criminal
legal framework, there are no legal safeguards in place; there is no independent assessment of
who should be detained and no right to habeas corpus for the detainees. According to the
information received, facilities such as Pasar Rebo exist only for women, which raises concerns
that this may constitute discrimination against women.
11
In Wamena prison, one male detainee was also allowed to live together with his young son in
prison.
12
Komnas Perempuan. Unpublished report, October 2007.
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