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their evident need for proper psychiatric treatment. It was reported to the Special Rapporteur that
HIV/AIDS is a major problem. Another serious concern relates to high death tolls in places of
detention, i.e. Cipinang (see appendix), which are difficult to explain even when bearing in mind
the high HIV/AIDS rate.
30. The Special Rapporteur received numerous complaints about the quality and quantity of
food. Generally, basic food consisting of rice, sometimes supplemented by eggs and rarely by
some fish, is provided twice a day. Other supplies depend on the family or on work taken over
for richer co-prisoners.
31. In violation of international standards, pretrial detainees and convicted prisoners are not
separated in several of the prisons visited by the Special Rapporteur, such as the Pondok Bambu
Prison (Jakarta) and the Juvenile Detention Centre Kutoarjo (Central Java).
32. Another issue of concern is the hierarchy among prisoners - some being employed to guard
the others (Palkams), with privileges attached to such roles where all sorts of services can be
traded, including of a sexual nature. In this regard the Special Rapporteur would like to recall
that inter-prisoner violence can amount to torture or ill-treatment if the State fails to act with due
diligence to prevent it.
33. The Special Rapporteur would like to note some good practices as well. Article 4 of
Law 12/1995 on Corrections requires staff to respect the human rights of inmates. The
penitentiary system is based on the idea of reintegration,5 which was reflected in the relative
openness of detention places (i.e. in most places prisoners spent much of the daytime outside of
their cells and could receive visits of relatives and friends several times a week); keeping contact
with the outside world is a major component of successful rehabilitation and reintegration of
detainees and also an important potential safeguard against ill-treatment. This openness was
particularly apparent in prisons in Papua, including for those charged with political offences.
However, the prisons on the island of Nusa Kambangan, due to their isolated location, arguably
hindered reintegration, since visits are extremely complicated and costly. Many of the prisons
were very spacious, clean and well maintained, and occupied below maximum capacity. The
Special Rapporteur also commends the system for treating young adults (persons between 18
and 21) as a distinct category and holding them separately from adults when possible.
Police custody
34. The regional discrepancies are also reflected in the conditions of detention in police
custody. Although the infrastructure of the cells in police stations was generally in line with
international standards, the facilities were not adapted for the prolonged periods of up to several
months that people usually spend in police custody. Some cells were overcrowded and some
facilities lacked fresh air, natural light and adequate sanitary facilities. Detention for up
to 61 days in these conditions amounts to degrading and inhuman treatment.
5
See for example Law 12/1995 on Corrections, which states that reintegration is an essential
aim of the penitentiary system.
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