Situation during visit
Steps taken in previous years
(A/HRC/13/39/Add.6 and
A/HRC/16/52/Add.2)
Information received in the reporting
period
imprisonment of nine years or more.
Article 29, Section 6, ,stipulates that after
60 days period, even though the case in
question is still being examined or has
not yet been decided, the suspect/accused
must have been released from detention
by operation of law.
The Ministry of Justice and Human
Rights, Ministry of Finance, the
Indonesian National Police and the
Attorney have concluded a MoU dated 9
June on the Management of
Penitentiaries which are not managed by
the Ministry of Justice and Human
Rights.
79. All detainees should be
effectively guaranteed the
ability to challenge the
lawfulness of the detention
before an independent court,
e.g. through habeas corpus
proceedings.
Whereas the Criminal Procedure
Code contains a provision
allowing detainees the right to
challenge the validity of
detention, the Special Rapporteur
has received numerous
indications that this procedure is
not used in practice;
Women held in Social Welfare
Centres have no access to judicial
review of their detention.
Government: The habeas corpus act
procedure in a format of pre-trial hearing
is stipulated in Articles 77-83 Law No.
8/1981 on Criminal Proceedings Code.
The articles enable the
accused/defendant/members of their
family to submit a request for an
examination of the legality of an
arrest/detention. Following such request,
within 3 days, the judge shall set the day
of the pre-trial hearing. Within 7 days at
the latest, the judge must have passed
his/her judgment. In the event that the
judgment rules that an arrest/detention is
illegal, the suspect/defendant must
immediately be released.
A suspect/an accused shall have the
rights to obtain legal assistance from one
or more legal counsels during the period
of and at every stage of examination.
The penitentiary will not detail a
A/HRC/19/61/Add.3
114
Recommendations
(A/HRC/7/3/Add.7, para. 7292)
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