A/HRC/7/3/Add.7 page 20 59. Whereas Law 27/2004 provides the legal basis for the establishment of the Indonesian Truth and Reconciliation Commission, the Government has not created the commission so far, although its statute provides that it must be formed within six months of the enactment of the law. On 7 December 2006, the Constitutional Court ruled that Law No 27/2004 regarding the Truth and Reconciliation Commission does not have a sound legal foundation and is inconsistent with the Constitution,17 which delayed the establishment of a Truth and Reconciliation Commission in Aceh,18 which has yet to be established. B. Lack of prevention Safeguards Issue Length of police custody • • Right to legal assistance20 from moment of arrest/detention at all stages of examination;21 right to speak at any time for the defence of his case22 • • Situation observed Maximum period of police custody of 61 days19 is applied as a standard routine Cells are not adapted for prolonged custody; detention may amount to inhuman and degrading treatment Only few detainees had legal assistance Numerous complaints regarding bias of legal aid counsels Recommendations • Reduce the length of police custody to maximum 48 hours in accordance with international standards • Prompt access to lawyers can be a very effective safeguard against ill-treatment; Special Rapporteur recommends establishment of effective and independent legal assistance network 17 Constitutional Court decision No. 006/PUU-IV/2006, Thursday, 7 December 2006. The KKR (the Truth and Reconciliation Commission) Law conflicts with Constitution 1945, see http://www.mahkamahkonstitusi.go.id/berita.php?newscode=248. 18 It should have been created pursuant to point 2.3 of the Helsinki Memorandum of Understanding. 19 KUHAP, arts. 16-31. 20 KUHAP, art. 69. 21 KUHAP, art. 69. 22 KUHAP, art. 70 (1).