-8- were given death sentence within the period of 2006-2010. Most of them were convicted of murder, followed by narcotics and psychotropic crime and also terrorism. It illustrates that the Indonesian Government does not have a willingness to abolish capital punishment. 16. In September 2010 – Desember 2011 Komnas HAM conducted a monitoring situation of persons who were given death sentence in 13 correctional centers across Indonesia consists of correctional centers Level I and Level II. The Level I are Medan, Palembang and Tangerang, while the Level II are Padang, Pekan Baru, and Jambi. There are several findings from that monitoring which are listed below: • • The persons who were given death sentence mostly placed in the Level I, although there are also death convicts who are placed in the Level II. They are not segregated from convicts of other crime. This findings show that those situation violates the Director general of penitentiaries Regulation, which states that death convicts should be put in the Penitentiary Level I and to be allocated in segregated room from convicts of other crime. The reason within this decision because the Penitentiary Level I has maximum security level. There are three main indications of violations on the right of the death convicts:; a) the right to freely testify b) the right not to be tortured; c) the right to legal assistance; and d) the right to free assistance of an interpreter. 17. Again, Komnas HAM underlines that the right to life is a non-derogable right at any conditions and by anyone as governed in the 1945 Indonesian Constitution as well as the Act No. 39/1999 on Human Rights. It should be noted that many countries in the world have banned death penalty in their legal system, or have limited death penalty only for particular cases such as war and other state emergency. Thus, Komnas HAM recommends: a. Indonesia should take measures to progressively abolish the death penalty in its legal system. b. Indonesia should impose the death penalty only for the most serious crimes. c. Indonesia should establish moratorium on executions. d. Indonesia should ratify Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. Prohibition of torture and cruel, inhuman or degrading treatment; liberty and security of person, treatment of persons deprived of their liberty, independence of the judiciary and fair trial (arts. 7, 9, 10 and 14) 18. Komnas HAM notes that an effort has been done to amend the law of the Criminal Code so that it prohibits torture as stated in CAT. Although this process has been going very slowly, the draft of the Penal Code is now in process of deliberation in the Indonesian parliament. The draft criminalize torture as stated in Article 404. This definition however is not precisely conforms to CAT. 19. It should be noted the Law Number 39/1999 concerning Human Rights contains a provision on torture, Its definition of torture conforms to CAT. Article 1 (4) states “[t]orture means all deliberate acts that cause deep pain and suffering, both physical or