A/HRC/28/68/Add.1
right to be free from torture or cruel, inhuman or degrading treatment, as provided by
articles 1 and 16 of the CAT.
Indonesia
(a)
JAL 01/05/2014 Case No. IDN 2/2014 State Reply: None to date Allegations concerning
the violent dispersal of a demonstration in Jayapura, West Papua, on 2 April 2014,
and the arrest and torture of two student demonstrators, Mr. Alfares Kapisa and Mr.
Yali Wenda.
204. The Special Rapporteur regrets that the Government of Indonesia has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
205. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Indonesia, by failing to protect the physical and psychological
integrity of the demonstrators up to the arrest and during detention and from threats and
intimidation following their release, has violated the right of Messrs. Kapisa and Wenda to
be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and
16 of the CAT.
(b)
JAL 16/12/2013 Case No. IDN 5/2013 State Reply: None to date Allegations concerning
torture and death in custody of Mr. Aslin Zalim, a 34-year-old civil servant in Bau-Bau,
South East Sulawesi, Indonesia, and torture of two other detainees.
206. The Special Rapporteur regrets that the Government of Indonesia has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
207. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Indonesia, by failing to prevent the death of Mr. Aslin Zalim
and protect the physical and psychological integrity of the three detainees, has violated their
right to be free from torture or cruel, inhuman or degrading treatment, as provided by
articles 1 and 16 of the CAT. The State is urged to conduct a fair and impartial
investigation into the incidents and to prosecute and punish those responsible.
(c)
JUA 13/06/2014 Case No. IDN 3/2014 State Reply: None to date Allegations concerning
Ms. X, a 26 year old girl who was allegedly gang raped and now faces threat of
corporal punishment by caning.
208. The Special Rapporteur regrets that the Government of Indonesia has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
35
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