Steps taken in previous years
(A/HRC/13/39/Add.6 and
A/HRC/16/52/Add.2)
However, as no legal provision exists to
strengthen such a procedure, the
Indonesian National Police will provide
the legal basis through a Regulation of
the Chief of the Indonesian National
Police concerning Media Coverage
during the Interrogation of Suspected
Persons. When this regulation comes into
effect, any interrogation of suspects
which is not carried out with sufficient
video and audio taping will not be
accepted.
83. Accessible and effective
complaints mechanisms
should be established. These
should be accessible from all
over the country and from all
places of detention; complaints
by detainees should be
followed up by independent
and thorough investigations,
and complainants must be
protected against any reprisals.
The agencies in charge of
conducting investigations,
inter alia Probam, should
receive targeted training.
Non-governmental sources: Although
there are a number of internal and
external mechanisms monitoring police
work in 2009, none of these institutions
has the mandate, independence and
authority to hold police officers
accountable for human rights violations.
There is no independent public
complaints board that would guarantee
that police officials who violate human
rights are brought to justice and victims
receive reparations. Torture survivors,
however, have the possibility to address
their complaints to Komnas HAM and its
regional representatives, which may open
inquiries and make recommendations.
The Indonesian Police follow up on
Komnas HAM‘s recommendations.
No effective and independent
complaints mechanism;
Torture survivors had no
possibility to address their
complaints anywhere.
Government: The Indonesian National
Police encourages the general public to
make complaints about acts of violence
Information received in the reporting
period
criminal act has taken place and the
defendant is guilty of the offense.
In every criminal case, an accused/a
defendant has the right to obtain legal
assistance from a legal counsel in the
event that: a. a request is made by the
accused/defendant; b. a suspect/an
accused is suspected of or accused of
having committed a criminal offense
which is liable to a 15 year or more
imprisonment. In this case, the officer in
charge shall be obliged to assign a legal
counsel for the accused/defendant
(Article 217, Section 1, Law No. 31/1997
on Military Court).
Government: The Indonesian National
Armed Forces has established monitoring
bodies at the central and district levels to
conduct an investigation and a routine
examination on every report.
With regard to access to complaint
mechanism, complaints boxes, as well as
online and SMS texting, are available in
every penitentiary. In addition, The SubSection of Complaint Services and the
Internal Supervision Unit of the
Penitentiary have been established.
The Ministry of Justice and Human
Rights has established the Directorate for
Community Communication Service
aiming at addressing human rights issues.
In practice, it closely cooperates with the
Committees for the National Action Plan
for Human Rights at the national and
district levels. The Standard Operation
Procedure (SOP) for the Community
Communication Service has also been
A/HRC/19/61/Add.3
116
Recommendations
(A/HRC/7/3/Add.7, para. 7292)
Situation during visit
admissible as evidence against
the persons who made the
confession. Serious
consideration should be given
to video and audio taping of
interrogations, including of all
persons present.
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