Komnas HAM, Indonesia, 4th UPR
most serious crimes category.10
9.
Recommendations: Abolish death penalty in every statutory regulation, stop
pursuing death penalty in prosecution, conduct case by case examination of all death
penalty decisions at the Supreme Court, and implement death penalty commutation
for convicts in death row.
The right not to be tortured and subjected to other cruel, inhuman and
degrading treatment or punishment
10.
Indonesia has ratified the CAT. However, practices of torture, other cruel, inhuman
and degrading treatment or punishments still occur in the law enforcement process.11
11.
The practice of torture and ill-treatment is still carried out to obtain confession from a
suspect since the inquiry and investigation stage, in fact many occur at illegal
checkpoints or outside the designated official examination/investigation rooms.12
12.
Overcrowding still occurs in many prisons, detention centers, and police detention
cells.13 The combined capacity of national prisons and detention centers are 135,453
people, while the number of inmates is 271,312.14 Overcrowding causes failure in
fulfilling basic rights.
13.
A number of problems at the Immigration Detention Center (IDC), namely the lack of
clarity on the detention period for detainees, inadequate facilities and infrastructure,
and isolation rooms for detainees deemed to have the potential to cause abuse of
authority. Refugees and asylum seekers, including toddlers and pregnant women, are
still placed in the IDC.15
14.
Recommendations: Reform the criminal justice system to prevent torture, resolve
overcrowding by applying a restorative justice approach for specific crimes, provide
reparation procedures, strengthen the function of external oversight bodies, and ratify
the OPCAT.
Combating impunity
15.
Komnas HAM has completed inquiries into 12 alleged gross human rights violation
cases and recommended for their investigation and prosecution. Only Paniai case in
Papua, was being proceed with the investigation by the Attorney General's Office as
prescribed by Law Number 26 of 2000 on Human Rights Court. Meanwhile the
victims and witnesses are getting older and many have passed away.16
16.
Recommendation: Follow up with the investigation process of the remaining 11
cases of alleged gross human rights violations and take other required measures to
restore the rights of victims.
Freedom of religion and belief (FoRB)
2