INDONESIA: International review pointed out country’s torture problem

FOR IMMEDIATE RELEASE
AHRC-STM-172-2008
June 25, 2008

A Statement by the Asian Human Rights Commission on the Occasion of the International Day against Torture

INDONESIA: International review pointed out country’s torture problem

(June 26 is observed every year as the United Nations International Day in Support of Victims of Torture.)

In the second week of June, the UN Human Rights Council in Geneva reviewed, among that of other countries, the human rights record of the Republic of Indonesia. Torture remained a main concern for both civil society groups and the Office of the UN High Commissioner for Human Rights. But that was not convincing enough for the country.

For the Universal Periodic Review, various national and international non-governmental organisations made submissions to the process, pointing out the severity of the problem. The general consensus is that the situation is caused by the country’s unwillingness to implement locally, what it has agreed to internationally ?the criminalisation of torture.

In October 1998, almost 10 years ago, Indonesia had already ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) which obliges states to make acts of torture, as defined in the international treaty, a crime punishable by law. The treaties monitoring body that observes the implementation process, the UN Committee against Torture, has also recently reviewed the country’s implementation of the convention and came to the same concluding observations, urging Indonesia to “announce a zero-tolerance policy on any ill-treatment or torture by state officials”¹?and to include the definition of torture in its penal legislation.²

The amendment of the Indonesian laws has been postponed for virtually 10 years ³, during which time the police and the military continue to use torture as a method of investigation, to force people from their land, to silence civil society activists, e.g. in Papua and for various other reasons. Policing is still not seen in the country as a service to public life and to citizens, but as an armed apparatus to control the public and to facilitate corrupt interests.

In the Universal Periodic Review of Indonesia that ended this month, all these issues were raised by different stakeholders. The review ended with recommendations by many countries. However, few recommendations have been agreed to by Indonesia, others have received less consideration. Among those that remained without the expression of strong commitment to act is the criminalisation of torture in accordance with the international definition. Indonesia is encouraged to continue its acclaimed legal review and give this point not only consideration put to urge an implementation as part of a “zero-tolerance policy”.

Footnotes:
1?Art. 10, Concluding Observations of the Committee against Torture in the CAT review of Indonesia 2008
2?Art. 13, Concluding Observations of the Committee against Torture in the CAT review of Indonesia 2008 
3?The ratification of CAT and thus the obligation to criminalize torture is 10 years ago.