- 11 - 23. Komnas HAM observed the implementation of corporal punishment, in a form of whip punishment, in several areas in Indonesia. The main area in Indonesia which implements this kind of punishment is Nanggroe Aceh Darussalam and Bulukamba in South Sulawesi. This punishment is based on the Qanun in Aceh and in Bulukamba is due to the Local Regulation (Perda). In Nanggroe Aceh Darussalam, the execution of this punishment is conducted by Wilayatul Hisbah, not by the police or the judiciary. 24. The law system in Indonesia has not make ease for torture victims (in the definition in CAT) to propose a compensation or rehabilitation both in the matter of administrative and law. KUHAP (The Law of Criminal Procedure) only provides the procedure for compensation or rehabilitation for victims who are arrested by mistake, which is through pre-trial and for the victims of miss-punishment, is through the procedure of Judicial Review. For those who have passed this process, they can propose for the rehabilitation and compensation. This has been regulated in KUHAP (The Law of Criminal Procedure). 25. There are several things which have not been regulated in the penal law in Indonesia, such as the status of information and evidences obtained from the torture. Is the status admissible or not? KUHAP (The Law of Criminal Procedure) does not regulate this explicitly. Therefore, recurrently the confession or information obtained from the act of torture can be accepted by court. As an example is the case of torture and murder of Marsinah, the labor activist, and many other cases. Thus, Komnas HAM urges that the attempt to amend KUHAP –that now is in progress-- should ensure that evidence obtained under torture is inadmissiable. 26. As mentioned in the previous submission, Komnas HAM received 5,444 number of complaints between January and November 2012. As happened in the last three years, actions were part of direct attack on civilians, which was series of actions taken against civilians in follow up to policy of an authority. Since the actions were also widespread and systematic in nature, the forms of the actions could be categorized as crimes against humanity. 5 The report stated that the crimes against humanity was alledgly perpetrated by the military. • The number of the victim of the act of torture were 13 activists. The torture took place in Cijantung, Jakarta. Based on the inquiry, The method of torture took several forms, as follows: 5 a. Inflicting of severe pain or suffering : (i) Inflicting of physical pain or suffering by act of physical violence: beating and falanga (hung up side down); (ii) Inflicting of physical pain or suffering using special devices/instruments and/or substances which is using electric shiocks ; (iii) Inflicting of physical pain or suffering using water: soaking of cold water/dirty water over the victim ; (iv) Inflicting physical pain or suffering by forcing to take up painful position: keeping victim tightly tied up and forcing the victim to sleep over a block of ice. Inflicting of mental pain or suffering : • (i) Intimidation and threats causing fear using guns; (ii) Blindfolding Komnas HAM completed the inquiry and, based on the Law 26/2000, submitted the report of the inquiry to the Attorney General on 3 September 2006. The Attorney General then shall conduct the investigation and prosecution of this case. Nevertheless, until the writing of this submission, the Attorney General has not yet started the investigation.5