Recommendations
❖ Judicial Guidelines should be made by the judiciary in consultation with
relevant stakeholders to have a clear standard in applying alternative sentences
for certain offences instead of imprisonment such as drug abuse and/or drug
addiction to reduce overcrowding in prison and to improve the condition of
prisons.
❖ The Government to work with relevant stakeholders, including those from
the business and corporate sector should work on a program to support the
application of community correction for the rehabilitate of inmates and to help
them re-enter their community and earn a livelihood.
SESSION 4: NHRI ENABLING ROLE FOR BETTER PRISON SYSTEMS
5.1
Chairperson Taunfan Damanik, National Human Rights Commission of Indonesia
(Komnas HAM)
Role of NHRI in Eradicating Torture in Prisons
Indonesia's has experienced human rights violations from 1998-2010 such as in
Acheh, Papua, Timor Leste and during authoritarian regime in 1998. Therefore, the
mission of KOMNAS-HAM and other NHRIs is to protect and to advocate human
rights and to prevent torture. KOMNAS-HAM has made recommendation to the
Government including the ratification of the United Nations Convention against
Torture (UNCAT) and is now still negotiating for the ratification of Optional Protocol
to UNCAT with the government.
Regarding some progress in police lockups and prison department in Indonesia.
Article 28 I (i) and (ii) on the torture, punishment and other things related to UNCAT
is mentioned that there are Basic laws. Effort to prevention of torture such as
investigation of torture. UN approaches on fighting torture, CAT repressive and
OPCAT preventive.
The Cooperation of Mencegah Penyeksaan (KUPP) composed by KOMNAS-HAM,
Commission on Women, Commission on Child Protection has been established since
2013. Under a memorandum of understanding with the Ministry of Law and Human
Rights. Further, the Correction Unit under the Ministry of Law and Human Rights has
an agreement with the police and has constructive dialogues to discuss on the efforts
they have made in protection of human rights and to find solution together. For
example, the case of the death of 15 people in a prison in Tangerang and 2 foreigners
in detention was handled at the level of KUPP. They invited civil society organisations
to cooperate with them. Common issues that were discussed were, overcrowding,
lack of health facilities, isolation rooms, attitude of prison officers, correctional
institution and women's detention center, child prisoners or children under custody,
violence, and death row.
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