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Comment on Other issue (the accession of the OPCAT)
62.
Komnas HAM conducted two workshops in Yogyakarta, Central Java, on 15 May
2007 and Pontianak, West Kalimantan, on 13 February 2007. The workshops were aimed
to get an input on the ratification on Optional Protocol of the Convention. The workshops
were attended by the police, judges, prosecutors, NGOs, the officers of the Correctional
Institution (Lapas) and also academicians. The two workshops made several conclusions,
as follows:
(d) Recognized Optional Protocol to CAT is an effort to strengthen the
preventive mechanism which is based on a regular visit to detention center to
protect persons who deprived his/her liberty;
(e) Recognized the objective of the OPCAT as to establish a system of the
regular visit of the international and national body to the detention center to prevent
the occurrence of torture, and other cruel, inhuman or degrading treatment and
punishment;
(f)
Recognized that to achieve the objective of the OPCAT, thus a SubCommittee on the Prevention should be established;
63.
Although some of the participant disagreed, basically the two workshops
recommended Indonesia to accede the OPCAT with a condition the national legislation
harmonized with the Convention and there is a preparation to establish a National
Preventive Mechanism (NPM), as mentioned by Mr. Nowak, mandated to conduct
independent and unannounced monitoring of places of detention and to introduce in its
legislation safeguards against torture and ensure that they are implemented.
64.
In this regard, Komnas HAM recalls the recommendation of the Special
Rapporteur on Torture, Mr. Manfred Nowak who also called upon the Government of
Indonesia to expediently accede to the Optional Protocol to the Convention against Torture,
and establish a truly independent National Preventive Mechanism (NPM) to carry out
unannounced visits to all places of detention. Komnas HAM also underlined Nowak’s
recommendation which stated that the The Government of Indonesia should support the
National Commission on Human Rights and the National Commission on Violence against
Women in their endeavours to become effective players in the fight against torture and
provide them with the necessary resources and training to ensure their effective
functioning.
65.
Thus, also inline with its statutory function, Komnas HAM declares its readiness
to become effective player in the fight against torture, particularly to become effective
player in the National Effective Mechanism (NPM).