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VII. Appendix

Appendix 1: Recommendations made by the Committee Against Torture on November 12-23, 2001124

(a) Amend the penal legislation so that torture and other cruel, inhuman or degrading treatment or punishment are offences strictly prohibited under criminal law, in terms fully consistent with the definition contained in article 1 of the Convention. Adequate penalties, reflecting the seriousness of the crime, should be adopted.

(b) Establish an effective, reliable and independent complaint system to undertake prompt, impartial and effective investigations into allegations of ill treatment and torture by police and other officials and, where the findings so warrant, to prosecute and punish perpetrators, including senior officials.

(c) Ensure that all persons, including senior officials, who have sponsored, planned, incited, financed or participated in paramilitary operations using torture, will be appropriately prosecuted.

(d) Take immediate measures to strengthen the independence, objectivity, effectiveness and public accountability of the National Commission on Human Rights (Komnas-HAM), and ensure that its reports to the Attorney General are published in a timely fashion.

(f) Ensure that crimes under international law such as torture and crimes against humanity committed in the past may be investigated and, where appropriate, prosecuted in Indonesian courts.

(g) Continue measures of police reform to strengthen the independence of the police from the military, as an independent civilian law enforcement agency.

(h) Reduce the length of pre-trial detention, ensure adequate protection for witnesses and victims of torture and exclude any statement made under torture from consideration in any proceedings, except against the torturer.

(k) Reinforce human rights education to provide guidelines and training regarding, in particular, the prohibition of torture, for law-enforcement officials, judges, and medical personnel.

(l) Invite the Special Rapporteur on Torture to visit its territories.

(n) Take immediate steps to address the urgent need for rehabilitation of the large number of victims of torture and ill-treatment in the country.

(o) Make the declarations provided for in articles 21 and 22 of the Convention.

(p) Include, in its next periodic report, statistical data regarding torture and other forms of cruel, inhuman or degrading treatment or punishment, disaggregated by, inter alia, gender, ethnic group, geographical region, and type and location of detention. In addition, information should be provided regarding complaints and cases heard by domestic bodies, including the results of investigations made and the consequence for the victims in terms of redress and compensation.

(q) Widely disseminate the Committee's conclusions and recommendations throughout the country, in all appropriate languages.]

Appendix 2: Other HRW publications on Aceh

For more information on the human rights situation in Aceh since the resumption of the fighting in May 2003, please see the Aceh under Martial Law series of reports and briefing papers produced by Human Rights Watch:

1) Aceh Under Martial Law: Human Rights Under Fire
A Human Rights Watch Briefing Paper, June 2003

2) Aceh Under Martial Law: Unnecessary and Dangerous Restrictions on International Humanitarian Access
A Human Rights Watch Briefing Paper, September 2003

3) Aceh Under Martial Law: Can These Men Be Trusted to Prosecute This War?
A Human Rights Watch Briefing Paper, October 2003

4) Aceh Under Martial Law: Muzzling the Messengers: Attacks and Restrictions on the Media
A Human Rights Watch Report, November 2003

5) Aceh Under Martial Law: Inside the Secret War
A Human Rights Watch Report, December 2003

6) Aceh Under Martial Law: Problems Faced By Acehnese Refugees in Malaysia
A Human Rights Watch Report, April 2004.




[124] “Conclusions and Recommendations of the Committee Against Torture: Indonesia,” CAT/C/XXVII/ Concl.3, Committee Against Torture, 27th session, November 12-23, 2001.


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