A/HRC/7/3/Add.1
page 120
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
time and space to effectively carry out their
functions and come to a concrete solution of the
issue before them without interference from the
Executive, as clearly stipulated in the 1945
Constitution. The Government reiterates, as it has
done on many other similar occasions, its
opposition to the use of torture, whether as a
means of coercion or punishment. As well as
being a signatory to CAT, Indonesia has also
provisions in its laws that clearly state that
freedom from torture is a non-derogable right.
Indeed, this is evident in the provisions of Law No.
39 of 1999 on Human Rights, in particular article
4, as well as articles 9 and 39 of Law No. 26 of
2000 on the Human Rights Court. The latter
guarantees any violations of this right will be
brought to justice. Moreover, Indonesia continues
to do its best to assure the dissemination of
information on the implementation and application
of CAT and other such provisions within the
national security services in order that incidents
and tragedies such as those concerning Mr.
Urpino do not occur. It is the Government’s belief
that its local government authority will do
everything within its prescribed authority to verify
the facts of the case and determine the
perpetrators and how they should be prosecuted
before the law and whether it will be disciplinary,
administrative or penal measures that will be
undertaken. The provisions of national law
however preclude the interference of the
Government from matters that have been
constitutionally set to be handled by the judiciary.
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