India
The ACJ recommends that the National Human Rights Commission of India (NHRCI) urges
its Government to address the following issues:
•
the need for India to sign and/or ratify the First Optional Protocol, CAT, the OPCAT, the
Refugee convention, the Protocols to the Geneva Conventions and the Rome Statute;
•
the provision of the Prevention of Terrorism Act which prevents the legal practitioner of a
detainee to remain present through the period of interrogation;
•
section 376(B) of the Indian Penal Code which seems on its face to apply only in the case
of public servants who are male and who have sexual intercourse with a woman in
custody but not in the case of female public servants who have sexual intercourse with a
male in custody;
•
the promotion of the NHRCI handbook on human rights for judicial officers;
•
the continuation of human rights training for the police, the paramilitary, the armed forces
and public servants;
•
strengthening the role of human rights cells in State police headquarters; and
•
ensuring the guidelines set by the Supreme Court on arrest and detention are met.
Indonesia
The ACJ recommends that the Indonesian National Commission on Human Rights (Komnas
HAM) urges its Government to address the following issues:
•
the need to sign and ratify the ICCPR, the ICESCR, the First Optional Protocol, the
OPCAT, the Refugee convention, the Protocols to the Geneva Conventions and the Rome
Statute.
•
the necessity for the definition of ‘torture’ in Article 1(4) of Legislation No. 39 of 1999
‘Concerning Human Rights’ to be fully consistent with the definition in article 1(1) of
CAT;
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