Follow-up to the recommendations made by the Special Rapporteur (Manfred Nowak) in the report of his visit to Indonesia from 10 to 23 November 2007 (A/HRC/7/3/Add.7) 40. On 22 November 2011, the Special Rapporteur sent the table below to the Government of Indonesia requesting information and comments on follow-up measures taken with regard to the implementation of his predecessor‘s recommendations. He expresses his gratitude to the Government for providing relevant information on the implementation of the recommendations issued in this report. 41. The Special Rapporteur notes with appreciation the Government‘s efforts to ensure that all allegations of torture and illtreatment committed by personnel of the Indonesian National Armed Forces and Indonesian National Police are investigated, and regrets not having received data on the number of complaints of torture and ill-treatment received, including the results of any investigation undertaken in this respect, prosecutions initiated and number of convictions. He commends the Government for undertaking steps to establish various complaints mechanisms, including the Sub-Section of Complaint Services and the Internal Supervision Unit of the Penitentiary and looks forward to receiving statistics with respect to investigations of allegations of torture and efforts to address the quasi-total impunity for security personnel, the police and military, for current as well as past violations. 42. The Special Rapporteur takes note of Law No. 39/1999 and the Regulation of the Commander of the Indonesian National Armed Forces on Acts against Torture and Other Inhuman Treatment in Enforcing the Law in the Indonesian National Armed Forces, and regrets that the draft bills to introduce legal provisions containing a definition and prohibition of torture in line with the Convention have not been adopted. He expresses concern that torture is equated to ―maltreatment‖ in the Criminal Code thus lacking several elements of the definition of torture in article 1 of the Convention against Torture, such as the elements of purpose, mental pain or suffering, and agency. The Special Rapporteur encourages the Government to define torture as a matter of priority in accordance with articles 1 and 4 of the Convention against Torture, with penalties commensurate with the gravity of torture. 43. The Special Rapporteur takes note of the clarification received regarding the provision of the Criminal Procedure Code allowing detainees the right to challenge the validity of detention, and expresses hope that this procedure is effectively used in practice. The Special Rapporteur reiterates his concern that there have been no new developments regarding reducing the time limit for police custody from 61 days to maximum of 48 hours. 44. The Special Rapporteur notes that the Indonesian Constitutional Court has increased the minimum age of criminal responsibility at 12 years old. He encourages the Government to expedite the revision of the Law on Juvenile Justice System and the adoption of a restorative justice system for children in conflict with the law. 45. The Special Rapporteur commends the Government for the efforts made to improve detention conditions, in particular with a view to providing health care, improving the quantity and quality of food, ensuring the separation of minors from adults and of pretrial prisoners from convicts. 46. Finally, the Special Rapporteur wishes to reiterate the appeal to the Government to make a declaration under article 22 of the CAT providing the UN Committee against Torture with the competence to receive and consider individual complaints. He commends the Government for commencing the ratification process of the OPCAT providing for a National Preventive Mechanism. A/HRC/19/61/Add.3 108 Indonesia