A/HRC/7/3/Add.7
page 24
prisoners and various other credible sources received prior and during his visit. In prisons, only a
very limited number of torture cases were reported; however, corporal punishment is regularly
practiced in a number of detention facilities.
65. Several elements, such as the lack of a definition and prohibition of torture in accordance
with the Convention against Torture, the lack of legal safeguards with regard to detention, the
lack of criminal prosecution and the absence of an independent monitoring mechanism create an
environment which is conducive to torture and ill-treatment.
66. The existence of torture is also facilitated by the lack of awareness and (appropriate) action
of other stakeholders in the criminal law system, such as members of the medical profession,
judges and lawyers. Furthermore, traces of ill-treatment during police interrogation can be easily
hidden due to the excessive length of 61 days of police custody.
67. The Special Rapporteur is of the opinion that conditions in prisons in most cases live up to
international standards. However, the conditions in heavily overcrowded cells and detention halls
in prisons visited on Java amount to inhuman and degrading treatment. The quantity and quality
of food, as well as the restricted or late access to medical services, in particular for serious cases,
is a concern in practically all places he visited.
68. Conditions in police custody in most cases meet international standards for short-term
detention of not more than a few days. The cells in police lock-ups are, however, not equipped
for long-term detention. The fact that under Indonesian law and practice persons can be detained
for several weeks up to 61 days in premises which are meant to hold detainees for only a few
days also amounts to inhuman and degrading treatment.
69. At all stages of the criminal justice cycle corruption is involved, all too often accompanied
by discriminatory practices. Corruption in prisons, practised by officials and prisoners,
frequently with the consent of the prison authorities, leads to unequal access to essential goods
and constitutes a violation of international norms.
70. The Special Rapporteur is very concerned that minors and children are at greater risk of
corporal punishment and ill-treatment than adults in situations where they are deprived of their
liberty. He is also concerned about the absence of a specialized juvenile justice system.
71. The Special Rapporteur has found that impunity with regard to perpetrators of torture and
ill-treatment in past conflicts is almost total.24 This situation applies both to the present situation
and the systematic practice of torture under the Suharto regime in the past. In particular, lack of
accountability is of concern with regard to all acts of political violence committed over the years,
starting from 1965, including in relation to conflicts such as in East Timor, Aceh and others,
where torture and acts of violence were widely used. Bringing perpetrators of torture and
ill-treatment to justice for the serious crimes they have committed is the strongest signal that
torture and ill-treatment is absolutely unacceptable.
24
See also the concluding observations of the Committee against Torture (A/57/44, para. 8 (a)).
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