Recommendations (A/HRC/7/3/Add.7, para. 7292) 80. Judges and prosecutors should routinely ask persons arriving from police custody how they have been treated, and if they suspect that they have been subjected to illtreatment, order an independent medical examination in accordance with the Istanbul Protocol, even in the absence of a formal complaint from the defendant. Situation during visit Judges and prosecutors did not routinely enquire whether persons had been ill-treated during police custody or initiated any ex-officio investigations; Reports about non-action of judges, prosecutors and other members of the judiciary vis-àvis allegations of torture; No medical examinations are carried out after transfer of detainees; Steps taken in previous years (A/HRC/13/39/Add.6 and A/HRC/16/52/Add.2) Information received in the reporting period suspect/an accused without a warrant. Government: Complete police records on the medical condition of prisoners are essential for transferring prisoners from the offices of the National Police to the Attorney-General‘s Office. Unless this complete record is produced, state prosecutors will reject the transfer of prisoners since they will be held responsible for any problems relating to prisoners‘ health. No forensic examinations are carried out in cases of allegations of abuse. Registers were either inexistent or Government: Registration has been lacked the most important conducted at each stage of detention. information; Registration for internal purposes is conducted by the Department of Justice Not all persons were registered; and Human Rights, the Indonesian Armed Forces and the Indonesian Insufficient registers blurred National Police. accountability and rendered external scrutiny more difficult. Any actions by police officers, including Cases of torture were more easily detention, are registered in registration hidden. books B1 to B17, as stipulated in the Book of Technical Guidelines, a Book of Action Guidelines concerning administrative procedures in conducting investigations for criminal acts. Government: The Indonesian National Armed Forces has established four military penitentiaries under the supervision of the Central Military Penitentiary, which also receives regular updated data and report on the detainees. 82. Confessions made by persons in custody without the presence of a lawyer and which are not confirmed before a judge shall not be Many allegations of confessions under torture, which were admissible during court proceedings, were received. Government: In accordance with Article 171 Law No. 31/1997 on Military Court, a judge shall not sentence a defendant, except when the judge acquires at least 2 legal evidences and convinces that a Government: Investigators in the Criminal Investigation Section of the National Police have been instructed by their superior officers to provide access to the media when interrogating suspects. A/HRC/19/61/Add.3 115 81. The maintenance of custody registers should be scrupulously ensured.

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