CAT/C/IDN/CO/2
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C. Subjects of concern and recommendations
Widespread torture and ill-treatment and insufficient safeguards during police detention
10. The Committee is deeply concerned about the numerous, ongoing credible and consistent
allegations, corroborated by the Special Rapporteur on torture in his report (A/HRC/7/3/Add.7)
and other sources, of routine and widespread use of torture and ill-treatment of suspects in police
custody, especially to extract confessions or information to be used in criminal proceedings.
Furthermore, there are insufficient legal safeguards for detainees, including:
(a) Failure to bring detainees promptly before a judge, thus keeping them in prolonged
police custody for up to 61 days;
(b) Absence of systematic registration of all detainees, including juveniles, and failure to
keep records of all periods of pretrial detention;
(c) Restricted access to lawyers and independent doctors and failure to notify
detainees of their rights at the time of detention, including their rights to contact family members
(arts. 2, 10 and 11).
As a matter of urgency, the State party should take immediate steps to prevent acts of
torture and ill-treatment throughout the country and to announce a zero-tolerance
policy on any ill-treatment or torture by State officials.
As part of this, the State party should implement effective measures promptly to
ensure that all detained suspects are afforded, in practice, all fundamental legal
safeguards during their detention. These include, in particular, the right to have
access to a lawyer and an independent medical examination, to notify a relative, and
to be informed of their rights at the time of detention, including about the charges
laid against them, as well as to appear before a judge within a time limit in
accordance with international standards. The State party should also ensure that all
suspects under criminal investigation are registered, especially children.
The State party should also reinforce its training programmes for all law enforcement
personnel, including all members of the judiciary and prosecutors, on the absolute
prohibition of torture, as the State party is obliged to carry out such training under
the Convention. Furthermore, it should keep under systematic review interrogation
rules, instructions, methods and practices with a view to preventing cases of torture.
Disproportionate use of force and widespread torture during military operations
11. The Committee is also deeply concerned about numerous, ongoing credible and consistent
allegations, corroborated by the report of the Special Rapporteur on torture and other sources, of
the routine and disproportionate use of force and widespread torture and other cruel, inhuman
and degrading treatment or punishment by members of the security and police forces, including
by members of the armed forces, mobile police units (“Brimob”) and paramilitary groups during
military and “sweep” operations, especially in Papua, Aceh and in other provinces where there
have been armed conflicts (arts. 2, 10 and 11).