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TAPOL urges end to 'climate of impunity' following torture committee's criticisms of Indonesian abuses

23 November 2001

Following yesterday's publication of the Committee against Torture's conclusions and recommendations on Indonesia, TAPOL is urging the Indonesian government to act immediately to eradicate the scourge of torture and ill-treatment, which continues to claim hundreds of victims a year.

Paul Barber of TAPOL says:

"The Indonesian government bears responsibility for appalling acts of torture and ill treatment committed as a matter of routine by its security forces across the country. It must acknowledge that this is a grave problem and take effective measures to implement the Committee's recommendations and end the 'climate of impunity' without delay."

The Committee of experts, which sits at the UN in Geneva, oversees States' compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Indonesia ratified the Convention in 1998 and, in accordance with its Convention obligations, submitted its first periodic report for consideration by the Committee this year.

While noting a few positive developments, the Committee expressed strong criticism of Indonesia's record in a long list of concerns. They included the large number of allegations of torture and ill treatment committed by the police, the police special forces Brimob, the army and paramilitary groups, especially in areas of conflict such as Aceh, Maluku and Papua, and allegations of excessive use of force against demonstrators or during investigations, of attacks against human rights defenders, of abuses committed by military personnel employed by businesses, and of the use of rape and sexual violence as forms of torture and ill treatment.

Last week, during the Committee's review of Indonesia's report, the Committee's rapporteur on Indonesia, Felice Gaer, expressed shock at the number of allegations of torture and at the fact that only one or two cases had come to trial. She also registered her disapproval of the limited nature of Indonesia's report and the little attention it paid to the practical implementation of the Convention. The Committee expressed its concern at the absence in the report of disaggregated statistics and other information on torture.

Committee Chair, law professor Peter Burns, said the situation of Indonesia provided the most stark illustration of the difference between formal law and practice in relation to torture.

Addressing the 'climate of impunity', the Committee expressed concern at the lack of prompt, impartial and full investigations into allegations of torture and at the little progress made in bringing to trial members of the military, police and state officials involved in torture and ill treatment, particularly those in senior positions. It recommended the establishment of an effective, reliable and independent complaint system to undertake prompt, impartial and effective investigations and to prosecute and punish the perpetrators, including senior officials and those involved directly or indirectly in paramilitary operations using torture.

The Committee also expressed concern about the lack of independence and impartiality of the National Commission on Human Rights (Komnas-HAM), about the fact that Komnas-HAM reports are not published in full and about Komnas HAM's inability to challenge a decision by the Attorney General not to prosecute a case. It recommended immediate measures to address these issues.

On the question of torture and other serious crimes committed in East Timor, the Committee expressed concern at the limited mandate of the proposed ad hoc court on East Timor, about the problems associated with the non-retroactivity principle introduced into the Indonesian Constitution and about Indonesia's inadequate co-operation with the serious crimes unit of UNTAET. It recommended extension of the jurisdiction of the ad hoc court, steps to ensure that torture and crimes against humanity committed in the past may be prosecuted, and full co-operation with UNTAET, including the transfer of suspects for trials in East Timor.

While it noted the formal separation of the police from the military as a positive development, the Committee expressed concern that the police continued to be associated with allegations of torture and recommended continued reforms to strengthen the police as an independent civilian law enforcement agency.

The Committee noted the lack of response to communications sent by the UN special rapporteur on torture. It recommended that Indonesia should respond to a request dating back to 1993 and invite the special rapporteur to visit the country.

Other issues dealt with by the Committee included the need to amend Indonesian criminal law so that torture and other cruel, inhuman or degrading treatment or punishment are strictly prohibited and that the penalties reflect the seriousness of the crime, the need to reduce the length of pre-trial detention and ensure access to legal counsel, relatives and medical assistance, the need to protect victims and witnesses and to exclude in any proceedings any statement made under torture, the need to ensure that no person can be removed to another State where that person is in danger of torture, the need to ensure protection for human rights defenders, the need to reinforce education and training for law-enforcement officials, judges and medical personnel and the need to provide rehabilitation for the victims of torture and ill-treatment.

Positive aspects noted by the Committee included a recognition by the government that the eradication of torture is linked to overcoming a culture of violence within the army and police, the acknowledgement of a pressing need for a centralised register of detainees and interest expressed by the government in co-operating with national NGOs in monitoring prisons and places of detention.

An alternative Indonesian NGO coalition report on the situation of torture in Indonesia was submitted to the Committee and is available from TAPOL.

TAPOL attended the Committee sessions on Indonesia at the invitation of the World Organisation Against Torture (OMCT). A copy of the OMCT report to the Committee, prepared in collaboration with TAPOL, is also available on request.

ENDS

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