|
Subject: UN body criticizes 'widespread' torture by Indonesian police,
military [2 Reports]
also: U.N. body says torture widespread in Indonesia
UN body criticizes 'widespread' torture by Indonesian police, military
By BRADLEY S. KLAPPER Associated Press Writer
GENEVA, May 16 (AP) - A U.N. panel said Friday that Indonesian police
and military forces are allegedly engaging in widespread torture, and it
urged the world's largest Muslim country to punish the abuse of prisoners.
Indonesia "should take immediate steps to prevent acts of torture
and ill-treatment throughout the country, and to announce a zero-tolerance
policy on any ill-treatment or torture by state officials," said the
U.N. Committee against Torture.
The panel of 10 independent experts, which reviews adherence to the
1984 international anti-torture treaty, cited "numerous, ongoing,
credible and consistent allegations" of abuse in Indonesia.
Police practice torture "especially to extract confessions or
information to be used in criminal proceedings," while security
forces and paramilitary groups employ "widespread torture and other
cruel, inhuman and degrading treatment" in military operations
against rebellious provinces, the committee said.
In its report to the committee, Indonesia described its commitment to
the global ban on torture as "unwavering" and said its courts
had adopted a broad view of torture that goes beyond international
standards.
But the U.N. panel said credible allegations of torture and prisoner
mistreatment committed by Indonesian law enforcement, military or
intelligence services are "seldom investigated and prosecuted."
"Perpetrators are rarely convicted or otherwise sentenced to
lenient penalties which are not in accordance with the grave nature of
their crimes," it said. "No state official alleged to have
perpetrated torture has been found guilty."
The committee said Indonesian police investigations heavily rely on
confessions as a form of evidence for prosecution, which may promote
torture. It criticized Indonesia for failing to say that confessions
extracted under torture cannot be used in court proceedings.
"Criminal convictions require evidence other than the confession
of the detainee," the Geneva-based body said.
It also criticized police for failing to bring prisoners promptly
before a judge, noting that they can first be held in custody for up to
two months. Some detainees are never registered, the panel added. Lawyers
and independent doctors have only restricted access rights.
On the Indonesian armed forces' behavior, the panel said military and
"sweep" operations have been particularly abusive in places such
as Papua, Aceh and other provinces that have suffered from conflict.
It also noted the high incidence of rape by military personnel in
conflict areas, which it called a form of torture. Rape complaints in
Indonesia need to be confirmed by two witnesses, making legal action much
more difficult.
In Aceh province, the criminal code allows corporal punishment for
various offenses, and enforcement is under the authority of a
"morality police" known as the "Wilayatul Hisbah,"
that is not necessarily supervised by national authorities, the committee
said. Prisoners are presumed guilty and then publicly humiliated through
flogging, caning or other abusive methods. The body said punishments seem
to be disproportionately meted out to women.
The panel's 14-page report of "concluding observations" was
released after two days of hearings with Indonesian officials.
The Asian country was commended for raising the age of criminal
responsibility to 12, but the panel said children as young as 8 were still
being sentenced to jail terms or corporal punishment for minor offenses.
They are sometimes held captive with adult prisoners.
------------------------------------
U.N. body says torture widespread in Indonesia
By Laura MacInnis
GENEVA, May 16 (Reuters) - Indonesia's police, armed forces and
intelligence services routinely torture and degrade criminal suspects to
extract confessions, with almost total impunity for those responsible, a
United Nations rights body said on Friday.
The U.N. Committee Against Torture said it was "deeply concerned
about numerous ongoing credible and consistent allegations" of abuse
in the Indonesian justice system.
Military officials and "morality police" were also found to
use disproportionate force and violence, particularly against women, in
the Aceh province and other areas of conflict, the 10-member independent
panel said in a report released in Geneva.
It cited "grave concerns over the climate of impunity for
perpetrators of acts of torture, including military, police and other
state officials, particularly those holding senior position."
"No state official alleged to have perpetrated torture has been
found guilty," the committee said in its 14-page findings, which are
not legally binding but carry diplomatic weight.
The report expounded upon the concerns raised in November by U.N.
torture expert Manfred Nowak, who said torture of detainees in Indonesian
police custody was rife despite efforts to combat rights abuses after the
ouster of autocratic president Suharto.
SAFEGUARDS
The U.N. panel called on Jakarta to take immediate steps to uphold
legal safeguards for those taken into custody, including ensuring all
detained suspects get the right to access a lawyer, notify a relative, be
informed of the charges laid against them and be brought before a judge in
a timely manner.
It told Indonesia to "ensure that all allegations of torture and
ill-treatment are promptly, effectively and impartially investigated and
that the perpetrators are prosecuted and convicted in accordance with the
gravity of these acts.
The committee added state officials should publicly announce a
zero-tolerance policy for perpetrators of acts of torture and support
prosecution.
Particular concern was raised about "morality police" in Aceh
-- riven by separatist violence for decades before a peace pact in 2005 --
which the panel said had an undefined jurisdiction and unclear supervision
by public or state institutions.
"The necessary legal fundamental safeguards do not exist for
persons detained by such officials, including the absence of a right to
legal counsel, the apparent presumption of guilt, the execution of
punishment in public, and the use of physically abusive methods (flogging,
caning, etc)," it said.
"The punishments meted out by this policing body have a
disproportionate impact on women," the committee added, also raising
alarm over a high incidence of rape and sexual violence committed by the
military in conflict areas, and sexual abuse and forced labour against
female migrant workers in the country.
The U.N. panel stressed that attacks on ethnic and religious minorities
remained a problem in Indonesia, a former Dutch colony that is home to the
world's largest Muslim population.
It further called on Jakarta to fully cooperate with international
efforts to investigate, prosecute and extradite those responsible for
abuses in East Timor, a former Indonesian territory that became
independent in 2002. (Editing by Stephanie Nebehay and Janet Lawrence)
Back to May menu
April
World Leaders Contact List
Main Postings Menu
|