Ratification and implementation of the convention in responsible manner showed the Indonesias seriousness in order to promote and protection of human rights, especially the right of freedom from torture. This matter also shall increase Indonesias positive image on international community and place a solid trust from international society towards Indonesia
Supplement of Law Number 5 Year 1998 on ratification of Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Indonesia has legislated law regarding ratification of Convention Against Torture (CAT) on September 28 1998. That date should be a momentous day for the victims of torture, victims families, human rights observers, and other communities who concern on Human Rights issues in Indonesia. Nevertheless, in fact this day, they keep moaning over the death of Indonesia Governments inner self, as that law merely a legal product in which contained several papers only, without tusk, even without tooth.
More than eight years, after the ratification of CAT, Indonesia still does not have a legal product, which regulates more detail regarding the torture itself. If only Indonesian Government understand that subsequent to the ratification of CAT, they oblige to have regulation in accordance with such convention. Indonesia, as signatory, posses an International obligation regulating that torture is a crime here under its regulation. Notwithstanding Indonesia, government is too smart that they think it was unnecessary to issue certain regulation, which regulated on torture act. They are confident enough with legal apparatus who could read between the lines CAT in context of positive law.
Purportedly, torture was included into Bill of Penal Code. However, should we all waiting for that bill of penal code being approved in order to torture seriously finally has admitted as a crime in Indonesian law? Are there anyone could come back with an answer on how long we all should wait for? No. Hence, if torture act occurred after the ratification until bill of penal code was approved finally, in what article the perpetrator will be presiding by? By presiding the torture perpetrator only with the other ordinary articles is clearly improper with the gravity.
Torture is not equal with ordinary crime. Torture, in numerous international human rights literatures has admitted as very serious crime. Moreover, such crime is considered equal to genocide and slavery. Therefore, do not ever deem a crime named torture. One of main elements, which make torture, is a serious crime because such act done by the government officer. If a common person desires possessing information from another person and causes illness to the victims, we cannot categorize it as a torture. It is torture, in which such act did by the government officer. Yet, in fact, still a large number of government officers cannot differ between torture and maltreatment.
Well, it is okay if the government officers cannot understand the meaning of torture. What important is, the legal officers have to understand it. However, tragically, the legal apparatus cannot understand the meaning of torture either. Police still conduct investigation using torture. Prosecutor charges the torture with maltreatment, not -at least- premeditated murder. Thereafter, Panel of Judges decides the perpetrator with light judgment. Then, do we wrong whether we bet that Indonesian Government concedes not understand the meaning of torture?
Today, June 26th, is the UN International Day for support the victims of torture. Therewith of, let us re-demand the fulfillment of the Indonesian Governments pledges that had been propagated everywhere. The promises were said on United Nation Human Rights Council Convene, the promises in Law Number 5 Year 1998. All pledges stated that Indonesia Government shall do some furtherance efforts on promotion and protection of human right vigorously, which unfortunately those promises threatened in memorial. Tons of CAT recommendations are only being an ornament on governments tables. Do we need to re-bet, whether Indonesian government have ears or not? We do not need to, do we?
Jakarta, June 26, 2007
Sincerely yours
| Taufik Basari, S.H., S.Hum., LL.M. |
Ricky Gunawan, S.H. |
| Director of Legal Aid and Advocacy |
Coalition Against Torture |
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984. The above statement has only been forwarded by the AHRC.
