A/HRC/7/3/Add.7 page 10 12. With regard to the protection of the physical and mental integrity of a person, article 28G (2) stipulates that “each person has the right to be free from torture or inhuman and degrading treatment ...”. Acknowledging the absolute and non-derogable character of the prohibition of torture, article 28I (1) explicitly states that “the rights to life, to remain free from torture, to freedom of thought and conscience, to adhere to a religion, the right not to be enslaved, to be treated as an individual before the law, and the right not to be prosecuted on the basis of retroactive legislation, are fundamental human rights that shall not be curtailed under any circumstance”. 2. Prohibition of torture and criminal accountability of perpetrators of torture under national law Criminal Code 13. Indonesia’s Criminal Code (KUHP) of 1982 does not contain a definition of torture. Its Chapter XX only refers to “maltreatment”, with articles 351 to 358 providing for prison sentences up to 15 years depending on the impact on (e.g. “physical injury” and “intentional injury to the health”), and the sex and physical condition of the victim. However, the concept of maltreatment as enshrined in KUHP lacks several elements of the torture definition under article 1 CAT, such as the elements of purpose, mental pain or suffering, and agency (i.e inflicted or instigated by a public official or with his or her consent or acquiescence). Torture must also be punished with adequate sanctions if it does not lead to any physical injuries. The decisive criterion for torture as a crime is not whether any injuries were sustained but the intention of infliction of severe pain or suffering, whether physical or mental, on a powerless person (above all a detainee) for a specific purpose, such as extraction of information or a confession. Similarly, article 442 of the Criminal Code, stating that “any official who in a criminal case makes use of means of coercion either to extract a confession or to provoke a statement, shall be punished by a maximum imprisonment of four years” is not in compliance with requirements under CAT. Although a revision of KUHP was initiated more than a decade ago, and several drafts - some incorporating a definition of torture - have been circulating, no amendments have been adopted to this date. Laws on Human Rights 39/1999 and Human Rights Courts 26/2000 14. Law 39/1999 on Human Rights refers to the prohibition of torture in its articles 1, 4, 33, 34 and 66. Article 1 (4) defines torture as ”any activity which is undertaken intentionally so as to cause someone severe pain or suffering, whether physical or mental, in order to obtain a confession or information from that person or a third person, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”. Article 4 refers to the right not to be tortured as a non-derogable right, and article 66 (1) specifically refers to the right of every child not to be subject to torture. Article 9 of Law 26/2000 on Human Rights Courts states that torture is a “crime against humanity, if perpetrated as a part of a broad or systematic direct attack on civilians”.