- 12 -
(e)
To formulate guidelines for law enforcement officers to perform their duties
according to the prevailing legislation.
40.
Several findings of the monitoring are, among other, as follows:
(a)
An alleged person lost his right for cassation due to the delay in the
submission of all legal documents of the District Court and High Court, which had
hindered the person to prepare the necessary documents for cassation.
(b)
The Attorney General and the alleged person have yet received the decision
of the Supreme Court, which has delayed the execution of the punishment of the
alleged person. As the result, the alleged person lost his right to remission,
visitation from family members, and other rights.
(c)
The delay in the execution of death penalty of the alleged person, although
he has been imprisoned for 36 years in Batu Correctional Institution in Nusa
Kambangan. Meanwhile, his second request of clemency since 1995 has yet
received response from the President.
(d)
Lack of coordination between the correctional institutions and/or detention
places with the District Court, the High Court and the Supreme Court.
41.
In 2005 Komnas HAM also conducted a visit to correctional facility class II A in
Pontianak and Mempawah, Kalimantan. The objective was to monitor the treatment
towards detainees in correctional facility class II A in Pontianak and Mempawah. The
monitoring had found that basic needs and facilities of detainees were not fulfilled (small
and unclean cell rooms, overcrowded, inadequate sanitation facilities, insufficient food and
limited health facilities).
Article 12 (Comment on List of Issue 25 and 26)
42.
Komnas HAM receives complaints with regard to the case of torture and other
violence done by the police in many regions, among others in Madura, Central Sulawesi
and (Takala Wajo) South Sulawesi, Jember and Tuban (East Java), Semarang (central
Java), etc, in which also involves a drug case (occurred in Polda Metro Jaya Jakarta). The
Commission also receives a complaint with regard to a case of death in police custody
happened in Police district of Cimahi (2006). The Commission also received a compliant
in which the military police (POM) involved (in Banten/West Java).
43.
It should be remarked that in 2006 Komnas HAM has made a Memorandum of
Understanding with National Police to cooperate in handling human rights cases in
Indonesia. Recently, in January 2008 Komnas HAM has also met with the Directorate
General of Correction Institutions and the meeting has concluded the mechanism between
two parties related to case that submitted to Komnas HAM. In this regard, Komnas HAM
will be able to visit any correction institutions in Indonesia. Unfortunately, those two
agreements did not specifically mentioned the acts of torture.
44.
Komnas HAM had completed the projustitia inquiries of the Wasior 2001-2002
incidents and the Wamena 2003 incidents (both in Papua) in 2004. The result of the
inquiry had been submitted to the Attorney General office through a letter No.
290/TUA/IX/2004 dated 3 September 2004. However, the Attorney General had returned
the documents through a letter No. R-209/A/F.6/11/2004 dated 30 November 2004, which