A/HRC/7/3/Add.7
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period. The Special Rapporteur would like to recall that any excessive violence, if applied in a
situation of powerlessness, amounts to torture. Furthermore, these transfers had been conducted
without any prior notice of the detainees, including persons condemned to death who were made
to believe that execution might be imminent.
Military detention facilities
25. The Special Rapporteur also visited military detention facilities in which he received
allegations that newly arrived persons are routinely forced to do exercises such as somersaults in
the courtyard of the institution while all other detainees watch. All newly arrived persons have
their heads shaved and have to spend a week in a single, empty, dark cell to which the doors are
always closed. Such practices must be considered as degrading treatment.
B. Conditions of detention
Penitentiary institutions
26. Among those penitentiary institutions visited by the Special Rapporteur, the conditions of
detention varied considerably throughout the country, again reflecting the regional differences in
Indonesia. While facilities in the urban areas were confronted with prison populations exceeding
threefold their capacity, i.e. in Cipinang and Pondok Bambu, other prisons outside of Java
provided acceptable levels of space for each prisoner.
27. In those places where there is overcrowding, this clearly has repercussions in terms of
hygiene and security. It is of concern that for example in Cipinang prison poor newly arrived
persons have to camp in huge halls for several months before being transferred to a proper cell,
which may constitute inhuman treatment. Cipinang prison is also a showcase for discrimination
in the prison system, resulting from omnipresent corruption with relatively clean and
comfortable cells for those who can pay, whereas poor detainees have to sleep in heavily
overcrowded halls or cells, on mats they brought from home, on the ground. Although sanitary
facilities are available, the detainees in these halls have to queue, sometimes for prolonged
periods, to be able to take a shower. The Special Rapporteur has received several allegations
about inter-prisoner violence in these situations of overcrowding.
28. In Cipinang prison, conditions in overcrowded punishment cells amounted to inhuman
treatment (see appendix). The Special Rapporteur found that detention facilities and prisons have
“orientation programmes” in which newly arrived inmates are placed in conditions of
“quarantine” - often for several days in small, dark and dirty cells, as observed in Wamena
prison - that are clearly incompatible with international standards.
29. Whereas in all prisons nurses and occasionally doctors provide day-to-day medical
treatment, serious cases generally remain untreated or receive attention at a very late stage if the
detainee cannot provide the necessary funds. As a consequence, seriously ill persons are not
hospitalized and receive inadequate medication, in violation of international standards. In
Makassar prison, the Special Rapporteur came across several mentally ill prisoners who were
kept separated from the general prison population and held in the punishment cells, in spite of
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