A/HRC/7/3/Add.7
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Kutoarjo juvenile prison, which was even admitted by the prison authorities. Whereas in
Abepura, according to the prison director, one prison guard had been subjected to disciplinary
sanctions in the recent past, in none of the cases a perpetrator was shown to have been brought to
criminal justice.
Police custody
20. Contrasting with the situation in prisons, the Special Rapporteur received a considerable
number of allegations of torture and ill-treatment perpetrated by the police, either during arrest or
in custody. Reflecting the general heterogeneity of the country, abuses by the police appear to be
more common in the densely populated cities, which are also plagued by urban crime and
drug-related offences, rather than in the remote and rural areas. In light of the information
received in private interviews with individuals who were or/and had been in police custody, the
corroborating results of independent forensic medical examinations of injuries, he concludes that
torture is routine practice in Jakarta and other metropolitan areas of Java, including Yogyakarta.
The Special Rapporteur sees this assessment furthermore underpinned by the palpable level of
fear among detainees, which, in those places resulted in reluctance to talk to him. At some police
stations, e.g. in Poltabes Yogyakarta, Polres Wamena and Polres Jakarta East, severe beatings
were ongoing as the Special Rapporteur conducted his visit.
21. The types of abuse reported to the Special Rapporteur and corroborated by forensic
medical analysis include beatings with fists, rattan or wooden sticks, chains, cables, iron bars and
hammers, kicking with heavy boots, electrocution and shots into the legs. Some detainees
alleged that heavy implements (chairs, desks, and car jacks) had been placed on their legs for a
prolonged period of time. The injuries sustained in a vast number of cases remain without any
treatment, putting the health of the detainee further at risk.
22. The overwhelming majority of the detainees interviewed indicated that the ill-treatment
was used primarily to extract confessions or, in the cases of drug-related crimes, to receive
information on drug suppliers. In a number of cases detainees were offered to be spared in return
for the payment of a substantial amount of money. Those interlocutors who had been already
tried reported in unison that their coerced confessions had been used during the court
proceedings and that objections they had raised were not considered by the judge, prosecutor or
even their own legal aid clerk. Furthermore, they were not aware of any complaints mechanism
to which they could address their grievances expecting any kind of outcome.
23. The Special Rapporteur notes with concern the very long duration of police custody. While
the Criminal Procedure Code authorizes a maximum length of 61 days only in very specific
circumstances, the imposition of such a long period is applied as a standard procedure.
Consequently, detainees remain under exclusive police authority for a period exceeding many
times the maximum period permitted under international law, making abuses more likely, and
furthermore renders the detection of torture significantly more difficult since visible traces are
likely to have disappeared once the detainee is released or transferred.
24. The Special Rapporteur was informed that the ongoing transfers of prisoners from
overcrowded facilities to Pasir Putih prison are conducted by the police. Prisoners reported that
they had been handcuffed to each other, bound to the floor of planes and blindfolded for a long
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