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- The president, the armed forces commander, and other
senior public officials should publicly condemn torture and other forms of
mistreatment in detention. They should issue orders to all security
personnel to immediately end all mistreatment of detainees, whether for
the purpose of extracting a confession, to exact retribution for real or
alleged support of GAM, or for any other reason. Official statements
condemning torturing and other ill-treatment must be disseminated widely
within the Indonesian armed forces and police service and on public
media.
- Take all necessary steps to ensure that the armed forces,
police, and other security forces treat detainees in accordance with
international human rights and humanitarian law. All personnel should
understand that they have a right and duty to refuse orders to commit
torture or other mistreatment against persons in custody.
- To deter abuses, all members of the security forces,
including interrogators, should wear with badges bearing their name.
- Take steps to reduce the possibility of mistreatment of
persons in detention, such as permitting unfettered access to independent
monitors and the placement inside detention facilities of non-governmental
organizations or Komnas HAM.
- Require medical personnel at detention facilities to
report any signs of abuse that may be due to mistreatment and report such
information to the appropriate authorities.
- Ensure that conditions of detention conform to the U.N.
Standard Minimum Rules for the Treatment of Prisoners.
- Communicate information on persons taken into custody
promptly to relatives and legal counsel. Customary international
humanitarian law provides for the right of detained persons to be allowed
to send and receive correspondence and to receive visits from family
members.
- Permit and encourage visits to detainees by legal counsel,
medical personnel, and appropriately supervised family members.
- Establish a central register of detainees, which would
enable judicial authorities and penitentiary administrations to monitor
the location and transfers of, and status of judicial proceedings in
respect of, all detainees in Indonesia.
- End the practice of arbitrary and indefinite detention.
Promptly release all detainees for whom there is no legal basis for
detention or charge them with a legally cognizable offense.
- Publicly identify all places of detention in Aceh and
allow access to impartial humanitarian agencies. Provide access for
non-governmental agencies to all detention facilities and prisons in Indonesia.
- Ensure that the military in Aceh complies with the law on
civil emergencies. Clarify which agencies have the authority to carry out
arrests and detentions and what procedures should be applied.
- Ensure that all arrests except those in flagrante
delicto are carried out with properly issued arrest warrants.
- Ensure all trials conform to international fair trial
standards.
- Permit prompt access to defense attorneys. Permit them
adequate time and facilities to prepare a defense.
- Ensure that the defense at trial is able to question
prosecution witnesses and present defense witnesses.
- Prohibit prosecutors from seeking to admit evidence
obtained through torture or other cruel, inhuman, or degrading treatment.
- Instruct prosecutors not to seek to admit into any legal
proceeding evidence obtained through torture or other cruel, inhuman, or
degrading treatment.
- Permit persons questioned regarding criminal offenses to
have defense counsel present at the time of questioning.
- Courts must enforce the requirement that two forms of
evidence are necessary for a conviction; confessions alone should never be
the basis for convictions.
- Put into place an effective legal aid system providing
free and competent legal assistance to those who cannot afford legal
representation.
- Cooperate with investigations by the National Commission
on Human Rights, Komnas HAM, and NGOs of detainee treatment and the trial
process for those convicted of treason/rebellion or other criminal
offenses relating to actions on behalf of GAM.
- Invite the United Nations Special Rapporteur on Torture
and Cruel, Inhuman or Degrading Treatment or Punishment, and the Special
Rapporteur on the Independence of Judges and Lawyers to investigate and
report on these allegations and make relevant recommendations.
- Military and police officials should launch their own
investigations and discipline personnel found to have committed or been
complicit in the torture or other mistreatment of detainees.
- Instruct prosecutors to open investigations of allegations
of mistreatment and file criminal charges in cases in which credible
evidence is discovered.
- Make all findings of official investigations public.
- Fulfill role as judicial officers and refuse to accept
evidence produced as the result of torture or other mistreatment.
-
Make clear to the Indonesian government that enhanced military
cooperation will depend on accountability within the armed forces for abuses in
Aceh and elsewhere.
-
Insist in public and private that Indonesia open Aceh to
independent national and international journalists, human rights workers,
diplomats, and observers.
-
Pressure the government to implement the recommendations made by
the Committee against Torture and the recommendations made by the Special
Rapporteur on the Independence of Judges and Lawyers.
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Donor assistance for strengthening the Indonesian judicial system
should prioritize criminal justice reforms that would ensure that the criminal
law, criminal procedure code, and judicial practice comply with international
human rights standards.
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