A/HRC/7/3/Add.7
page 2
Summary
The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment undertook a visit to Indonesia from 10 to 23 November 2007. He expresses his
appreciation to the Government for the cooperation it extended to him. The report contains a
study of the legal and factual aspects regarding the situation of torture and ill-treatment in
Indonesia.
The Special Rapporteur notes the commitment by the current Government to uphold and
promote human rights and, resulting from this, the considerable progress made since the Suharto
era ended in 1998. He is also aware of the vastness of the country, resulting in economic, cultural
and religious heterogeneity.
These regional discrepancies are also reflected with regard to the situation of torture and
ill-treatment in places of detention. Whereas the Special Rapporteur concludes that torture in
police stations is routine practice in Jakarta and other metropolitan areas of Java, including
Yogyakarta, the situation with regard to torture and ill-treatment in police custody is better in
rural areas. Nevertheless, he has also received some serious allegations of ill-treatment in some
rural police stations. A number of cases of ill-treatment were reported to the Special Rapporteur
in both pretrial detention houses and prisons. In violation of international human rights law,
corporal punishment is regularly applied in several prisons.
Police cells in most cases meet international standards for short-term detention, but are not
adapted to holding persons for long periods. Detention in such conditions for up to 61 days, as
practiced in Indonesia, amounts to degrading and inhuman treatment. The conditions of
detention in prisons also vary from region to region. The prisons visited by the Special
Rapporteur in Jakarta were severely overcrowded, which leads to difficulties in terms of hygiene
and security and provides a fertile soil for corruption. Other prisons outside of Jakarta showed
acceptable levels of space for each prisoner and were overall characterized by a liberal spirit of
the management. However, the Special Rapporteur was concerned about the standard use of
“quarantine” cells (similar to punishment cells) for newly arrived detainees. Most of theses cells
were not in line with international standards and prolonged detention in these cells amounts to
inhuman and degrading treatment. Furthermore, the Special Rapporteur received complaints
regarding the restricted access to medical care and the quality of the food.
With regard to the country’s legal framework, the Special Rapporteur regrets that
Indonesia has not outlawed torture under its criminal legislation. Indonesian law does not contain
an explicit prohibition of torture. This, combined with the absence of procedural safeguards
against torture, the lack of independent monitoring mechanisms and of effective complaints
mechanisms results in a system of quasi-total impunity.
In light of the above, the Special Rapporteur recommends that the Government of
Indonesia fully implement its obligations under international human rights law. In particular, he
urges the Government to criminalize torture, publicly condemn it and fight impunity; to prevent
the use of excessive violence during police and military actions; and to ensure that the criminal
justice system is non-discriminatory, inter alia through combating corruption. Furthermore, he