A/HRC/7/3/Add.7
page 23
Monitoring and inspection
60. The Special Rapporteur observes that no functioning monitoring mechanisms are in place
in Indonesia. The ICRC has access to some detainees, NGOs can make visits in prisons, and the
National Human Rights Commission has been conducting announced visits to police stations.
However, there is no independent and effective mechanism which would have the power to
conduct unannounced visits to all places of detention throughout the country. In this respect the
Special Rapporteur commends the National Human Rights Action Plan (2004-2009), which
foresees the ratification of the Optional Protocol to the Convention against Torture in 2008. This
instrument requires the establishment of a National Preventive Mechanism (NPM) vested with
the mandate to conduct independent monitoring based on unannounced visits to all places where
persons are deprived of their liberty. He considers that accession to this important instrument and
its effective implementation would constitute a major step towards preventing torture and
ill-treatment in the future.
61. The Special Rapporteur notes that the National Human Rights Commission signed a
Memorandum of Understanding with the police granting it free access to all police detention
facilities. However, its visits so far were in reaction to complaints, and the Commission has not
conducted any unannounced visits to places of detention and/or private interviews with
detainees.23 The National Commission on Violence against Women monitors the situation of
violence against women in the country, but undertakes visits to places of detention only on an
ad hoc basis.
62. Statistical data are a crucial tool for monitoring the criminal justice system and vital for
identifying trends and developments and devising corresponding policies. The Special
Rapporteur has received only some official statistics which makes it more difficult to make an
assessment of the situation of torture in the criminal justice context.
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
63. The Special Rapporteur commends the Government for the positive steps taken since the
end of the Suharto era, notably its accession to international human rights instruments, a number
of legislative reforms and good practices that he observed, in particular in the penitentiary
system, putting emphasis on reintegration and favouring contacts with families and the
community. However, several issues of concern remain.
64. Whereas in some police stations he did not receive any allegations of ill-treatment, in other
facilities, in particular in urban areas, torture and ill-treatment is used routinely to extract
confessions or in the context of drug charges to reveal dealers/suppliers. In three police stations,
the Special Rapporteur arrived while beatings were taking place, and in several places he found
persistent medical evidence of several types of ill-treatment, which are in line with reports by
23
See also Annual Report 2006, National Human Rights Commission of Indonesia, pp. 70-71.
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