Komnas HAM, Indonesia, 3rd UPR
process, allegations of torture and engineering law in each stage of the
proceedings.
8. Recommendation: Abolish the death penalty and conduct a case by
case examination of all death penalty decisions in the Supreme Court.
3.
11.
4.
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment12
9. Ministry of Justice and Human Rights, together with Komnas HAM,
Komnas Perempuan, KPAI and the Ombudsman RI created a pilot project for
monitoring detention centers at two (2) prisons.13
10. Based on Komnas HAM monitoring,14 various forms of torture and cruel
and degrading treatment 15 often occur during police interrogations. 16 Komnas
HAM continues monitoring a number of penitentiaries 17 and immigration
detention centers (Rudenim).18
Recommendation: Expedite ratification of the OP-CAT, ratification of the
1957 Refugee Convention and the 1961 Protocol, or create rules / policie s
to regulate the handling of asylum seekers and refugees.
Combating Impunity19
12. The Attorney General held coordination meetings with Coordinating
Ministry of Politics, Law and Security (Kemenkopolhukam), Kemenkum
HAM, the National Police (Polri), the military (TNI), National Intelligence
Agency (BIN), and the Komnas HAM to discuss resolution of cases of gross
human rights violations. Kemenkopolhukam, the Presidential Advisory
Council and the Komnas HAM organized a National Symposium on the
Events of 1965 to open access to victims for truth and reparations. The
Parliament initiated formation of the Aceh TRC. The Palu City Government
formed a Palu Mayor Regulation for 1965 Victim Reparation.
13. However, the Attorney General has not followed up the results of the
Komnas HAM investigation of gross human rights violations.20 Meanwhile,
national regulations continue to support impunity.21 Further, some national
regulations are not in accordance with international standards of respect of
human rights.
14. Recommendation: Establishment of TRC under the authority of the
President and immediately revise Law No. 31/1997 on Military Justice
5.
Freedom of Religion and Belief (FRB) 22
15. Among improvements related to FRB, the Government is writing a Draft
Law on the Protection of Religious Communities. The Minister of Religious
Affairs continued an initiative to resolve expulsion of Shia groups,23 and the
Ministry of Home Affairs is engaged in simplification of administrative
services and civil registration for religious minorities. Religious tolerance
materials are now part of school curriculum.
2