A/HRC/7/3/Add.7 page 16 combined with the quasi-total impunity, are of serious concern. He notes that the heavy restrictions placed on travel within Papua restricts effective information flow, which is fundamental to the protection of human rights. D. Minors 40. The Special Rapporteur is extremely concerned that criminal responsibility in Indonesia starts at the age of 8 and that therefore small children are put in detention facilities and prisons, very often mixed with much older children and adults. In more general terms, the fact that children and adults often mix in places of detention is a violation of international standards. 41. Whereas he welcomes Law 3/1997 on Juvenile Courts and also notes that some progress has been made in sentencing fewer minors to prison terms, he would like to recall the findings of the Committee on the Rights of the Child, which expressed concern “at the very large number of children sentenced to jail even for petty crimes”.8 42. Corporal punishment of children is unlawful under article 66 of the Law on Human Rights 26/2000 which states: “Every child has the right not to be subjected to acts of oppression, torture, or inhuman legal punishment ...” In addition, articles 13 and 16 of Law 23/2002 on Protection of Children contain some relevant provisions outlawing violence, abuse, inhuman punishment under law, torture and other forms of ill-treatment against children. However, in the Special Rapporteur’s assessment, minors and children are at high risk of corporal punishment and ill-treatment not only in their families and schools,9 but also when they are in detention. At the juvenile detention centres in Pondok Bambu prison (Jakarta), and in Yogyakarta prison, many of the minors alleged that they had been beaten either by policemen or by co-detainees during police custody, often with the knowledge of the officers. At Kutoarjo juvenile prison, detainees consistently reported regular beatings, often in public, to intimidate the other juveniles. The prison authorities openly admitted the regular use of corporal punishment for disciplinary purposes. E. Women 43. Whereas the Special Rapporteur welcomes that there are certain laws aimed at preventing and outlawing torture and violence against women,10 he is concerned at some shortcomings in 8 CRC/C/15/Add.223, para. 76. 9 See also the concluding observations of the Committee on the Rights of the Child, which held that “The Committee is deeply concerned that corporal punishment in the family and in schools is widespread, culturally accepted and still lawful.” (Ibid, para. 43). 10 For example Law 23/2004 defines and outlaws different forms of domestic violence and provides penalties of up to 15 years imprisonment and a maximum fine of 9 million rupiah for perpetrators of such crimes. See also Law 12/1996 concerning the Imprisonment of Women and Children.

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