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the Indonesian National Police is on the top with 1,635 reported cases comprises of,
among others are: a). the arbitrary arrest and detention (134 cases), case of shooting and
violence committed by police (104 cases), and torture (39 cases)/
27. It is highly appreciated that the Ministry of Law and Human Rights (specifically the
Directorate General of Human Rights) is in the step to draft an academic paper and draft
a bill of the ratification of OPCAT. In this regard, it should be noted that 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 OPCAT. 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:
(a) Recognized OPCAT 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;
(b) 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;
(c) Recognized that to achieve the objective of the OPCAT, thus a SubCommittee on the Prevention should be established;
28. 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.
29. In this regard, again, 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.
30. Thus, also inline with its statutory function, again, 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).