A/HRC/7/3/Add.7
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48. The Special Rapporteur was impressed by the work done by the National Commission on
Violence against Women.13 He considers exemplary their efforts in trying to gather data,
thoroughly assessing a given situation and using this analysis to shape policies, even if further
work needs to be done to address underreporting and geographic imbalances in reporting.
F. Death penalty
49. Given the lack of legal safeguards and doubts in a number of instances as to how
confessions might have been obtained, the Special Rapporteur recommends that the death
penalty not be applied. He also regrets the secrecy with which executions are handled and the
lack of information of the condemned prisoners and the public.
III. IMPUNITY AND LACK OF PREVENTION
50. The Special Rapporteur observes that while due to the vastness of Indonesia and the time
constraints during his visit he was unable to extend his fact-finding to all parts of the country,
there are two overarching issues that he found to apply everywhere, which are critical to
effectively combating torture and which need urgent attention by the authorities. The first
concerns the lack of adequate mechanisms to investigate allegations of torture and the quasi-total
impunity of security personnel, especially of the police and military, for current as well as past
violations. Secondly, no effective prevention framework has been put in place to ensure that
every person’s right to his/her physical and mental integrity is respected, leaving the detainees at
the mercy of prison and police authorities.
A. Impunity
Investigation of acts of torture
51. The police’s Criminal Investigation Department is in charge of investigating crimes,
including those committed by police officers, but since the Criminal Code does not contain a
definition of torture, its effectiveness is limited.
52. Also, the police unit Probam14 is responsible for investigations with regard to violations of
internal police regulations and offences by police officers. Although this is a general mechanism
which is not specifically aimed at addressing torture cases, individuals can file complaints with
regard to torture with Probam, which exists in most police offices. According to anecdotal
evidence, disciplinary sanctions imposed by Probam in most cases amount to temporary
dismissal, postponements of promotion or other disciplinary measures which by no means reflect
the gravity of the crime of torture.
13
The National Commission on Violence against Women (Komnas Perempuan) was established
in 1998 with a mandate to monitor and document all forms of violence against women.
14
Profesi dan Pengamanam, Professionalism and Security.
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