held in punishment cells;
Convicted and pre-trial detainees were not
separated in many facilities.
88. The Government of Indonesia should
ensure that the criminal justice system is nondiscriminatory at every stage, combat
corruption, which disproportionately affects
the poor, the vulnerable and minorities, and
take effective measures against corruption by
public officials responsible for the
administration of justice, including judges,
prosecutors, police and prison personnel.
Corruption was deeply ingrained in the
criminal justice system, leading to
discrimination in terms of conditions, notably
access to food, sanitary facilities, health care
and the possibility to receive visitors;
Corruption also impacted the treatment of
prisoners, some having alleged to have paid in
order not to be subjected to beatings.
Non-governmental sources: Efforts to combat
corruption run the risk of being without actual impact.
Current pending legislation undermines the
effectiveness and even very existence of the AntiCorruption Commission, e.g. by limiting its mandate to
investigative functions and reducing the number of adhoc judges to sit on trial panels.
Death penalty
89. The death penalty should be abolished.
While it is still applied, the secrecy
surrounding the death penalty and executions
should stop immediately.
The death sentences were executed.
Non-governmental sources: The death penalty
continues to be imposed and executed. According to
available information, ten persons have been executed
in 2008.
The October 2009 Islamic Criminal Legal Code in Aceh
stipulates stoning to death for adultery for those who
are married.
In September 2009, the Government agreed to adopt a
bill providing the death penalty as possible punishment
for leaking state secrets.
Children
Criminal responsibility started in Indonesia at
the age of 8;
Small children were put in detention facilities
and prisons, very often mixed with much older
children and adults.
83
A/HRC/13/39/Add.6
90. The age of criminal responsibility should
be raised as a matter of priority. Through
further reform of the juvenile justice system,
Indonesia should take immediate measures to
ensure that deprivation of liberty of minors is
used only as a last resort and for the shortest
possible period of time and in appropriate
conditions. Children in detention should be
strictly separated from adults.
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