E/CN.4/1994/31 page 65 Observations 316. The Special Rapporteur recognizes that India’s tradition of respect for the rule of law means that serious cases of torture, in particular those resulting in death, may lead to disciplinary action and in some cases to criminal proceedings. He would be grateful for further information on the results of the various investigation or criminal or disciplinary proceedings referred to in the Government’s replies. As regards action taken against officers in Punjab and in Jammu and Kashmir, the Special Rapporteur would also appreciate learning which such actions were in response to acts within the Special Rapporteur’s mandate. The Special Rapporteur is also sensitive to the "ferocity of the terrorism" faced by the Government of India in those territories. He understands that the Government of India is not seeking to invoke this serious problem to condone torture. The Special Rapporteur also looks forward to receiving information on the success of the new National Human Rights Commission in addressing this problem. Indonesia Information transmitted to the Government and replies received 317. By letter dated 26 August 1993 the Special Rapporteur advised the Government that he had received information according to which, although torture and ill-treatment are proscribed by the Constitution, the state ideology Pancasila, the Criminal Code and the Code of Criminal Procedure, it has been used routinely in Aceh by military and police authorities since mid-1989, resulting in death in a number of cases. Torture has reportedly been used against suspected supporters of the Aceh Merdeka movement, as well as their colleagues or relatives, in order to obtain information or to intimidate. 318. The methods most commonly used reportedly are: beating on the head, shins and torso with fists, lengths of wood, iron bars, bottles, rocks and electric cables; kicking with heavy military boots; burning with lighted cigarettes; electrocution; slashing with razor blades and knives; death threats, faked executions and deliberate wounding with firearms; pouring water through the nose; immersion for long periods in fetid water; suspension upside down by the feet; placing heavy objects on knees and other joints; isolation, sleep and food deprivation; mutilation of the genitals, sexual molestation and rape. 319. Incidents of torture and ill-treatment are reported to have taken place at virtually every level of the military command structure, and in dozens of security force installations. The districts most commonly cited are those of Pidie, Aceh Utara, Aceh Timur, Aceh Besar and Aceh Tengah. Sometimes detainees have also been transferred to various military and police installations in Medan, North Sumatra, where they have also been tortured. According to the reports, the fear of being returned to military custody and of facing further torture compels many of those tried for political crimes to plead guilty and offer no defence. The cases described in the following paragraphs were transmitted to the Government.

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