A/HRC/7/3/Add.7
page 25
B. Recommendations
72. In the spirit of cooperation and partnership, the Special Rapporteur recommends
that the Government, with the assistance of the international community (i.e. the
United Nations and other actors), take decisive steps to implement the following
recommendations:
Impunity
73. Torture should be defined and criminalized as a matter of priority and as a concrete
demonstration of Indonesia’s commitment to combat the problem, in accordance with
articles 1 and 4 of the Convention against Torture, with penalties commensurate with the
gravity of torture.
74. The declaration should be made with respect to article 22 of the Convention
recognizing the competence of the Committee against Torture to receive and consider
communications from individuals who claim to be victims of a violation of the provisions of
the Convention.
75. The Government should ensure that corporal punishment, independently of the
physical suffering it causes, is explicitly criminalized in all parts of the country.
76. Officials at the highest level should condemn torture and announce a zero-tolerance
policy vis-à-vis any ill-treatment by State officials. The Government should adopt an
anti-torture action plan which foresees awareness-raising programmes and training for all
stakeholders, including the National Human Rights Commission and civil society
representatives, in order to lead them to live up to their human rights obligations and fulfil
their specific task in the fight against torture.
77. All allegations of torture and ill-treatment should be promptly and thoroughly
investigated ex-officio by an independent authority with no connection to the authority
investigating or prosecuting the case against the alleged victim.
Safeguards and prevention25
78. As a matter of urgent priority, the period of police custody should be reduced to a
time limit in line with international standards (maximum of 48 hours); after this period the
detainees should be transferred to a pretrial facility under a different authority, where no
further unsupervised contact with the interrogators or investigators should be permitted.
79. All detainees should be effectively guaranteed the ability to challenge the lawfulness
of the detention before an independent court, e.g. through habeas corpus proceedings.
25
For more specific comments see above, the table in section III.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents