COMMITTEE AGAINST TORTURE ISSUES FINDINGS ON INITIAL REPORTS OF INDONESIA AND BENIN

CAT
27th session
22 November 2001
Afternoon





Calls for Effective Complaints System, Investigations in Indonesia;

Recommends Efforts by Benin to End Mob Justice


The Committee against Torture issued its conclusions and recommendations this afternoon on initial reports of Indonesia and Benin, calling among other things for Indonesia to establish an effective, independent complaints system to undertake prompt investigations into allegations of ill-treatment by police and other officials, and for steps to be taken by the Government of Benin to end occurrences of mob justice.

On the situation in Indonesia, the Committee also recommended that the Government amend penal legislation so that torture and related offenses were strictly prohibited under criminal law in keeping with Convention standards; that it ensure that all persons, including senior officials, who were involved in the perpetration of torture were prosecuted; and that it ensure that the ad hoc human rights court in East Timor would have the capacity to consider the many human rights abuses which were alleged to have occurred there between 1 January and 25 October 1999.

The panel cited concern, among other things, about what it called a climate of impunity for torture committed in Indonesia, and about a large number of allegations of such maltreatment by the police, the army, and paramilitary groups. It said positive aspects of the Indonesian report included ongoing efforts to reform the legal system and revise the Constitution to improve human rights protections; establishment of Human Rights Courts; and the recent formal separation of the police from the military.

On the situation in Benin, the Committee recommended among other things that the Government adopt a criminal definition of torture fully in keeping with the Convention, and that it provide appropriate penalties for the offense; that regulations be established on the right of torture victims to fair and adequate compensation from the State; and that human-rights education programmes be strengthened for law-enforcement officials and medical personnel.

The panel of 10 independent Experts cited among positive aspects of the report of Benin the standing of international treaties ratified by the country under Benin's Constitution, which ranked them higher than domestic law; and the establishment of the Benin Human Rights Commission.

Indonesia presented its report to the Committee on 16 November, and it was further discussed on 19 November. Benin presented its report on 15 November and the Committee continued its review of the document on 16 November

The two countries, as among the 126 States parties to the Convention against Torture, are required to present periodic summations to the Committee of national efforts to put the Convention's provisions into effect. Government delegations generally appear before the Committee during the consideration of such reports to answer questions and provide additional information.

The Committee will reconvene at 10 a.m. on Friday, 23 November, the final day of its autumn two-week session, to issue its conclusions and recommendations on the reports of Zambia and Israel.

Conclusions and recommendations on initial report of Indonesia

The Committee said positive aspects of the situation in Indonesia included ongoing efforts to reform the legal system and revise the Constitution to improve human rights protections; the establishment of Human Rights Courts; formal separation of the police from the military; recognition by the Government that eradication of torture was linked to overcoming a culture of violence within society, particularly within the army and the police; and expressed interest by the Government in cooperating with national non-governmental organizations (NGOs) in monitoring prisons and detention centres.

The Committee noted that factors and difficulties existed in the country that impeded implementation of the Convention, including armed secessionist conflicts in several parts of its territory and the difficulties attendant to Indonesia's ongoing political transition.

Concern was cited, among other things, about the large number of allegations of torture and ill-treatment committed by members of the police forces (especially the mobile police units ("Brimob"), the army (TNI) and paramilitary groups reportedly linked to the authorities, and particularly in areas of armed conflict, such as Aceh, Papua, and the Moluccas; about allegations of excessive use of force against demonstrators; about allegations that paramilitary groups reported to be perpetrators of torture and ill-treatment were supported by the military and sometimes reportedly were joined by military personnel; about allegations that abuses were sometimes committed by military personnel employed by foreign companies in Indonesia to protect their premises and to avoid labour disputes; that there was a climate of impunity in Indonesia for acts of torture; that there had been a lack of response by the Government to communications sent by the Special Rapporteur on torture, and that he had not been invited to visit the country despite requests dating back to 1993.

Among the panel's recommendations were that Indonesia amend penal legislation so that torture and related offenses were strictly prohibited under criminal law in keeping with Convention standards; that an effective, reliable and independent complaints system be established to undertake prompt and effective investigations into allegations of ill-treatment by police and other officials; that the Government ensure that all persons, including senior officials, who were involved in the perpetration of torture were prosecuted; that immediate measures be taken to strengthen the independence and effectiveness of the National Commission on Human Rights; and that the Government ensure that the ad hoc human rights court in East Timor would have the capacity to consider the many human rights abuses which were alleged to have occurred there between 1 January and 25 October 1999.

The Committee also recommended that the Government ensure that crimes under international law such as torture and crimes against humanity committed in the past could be prosecuted in the courts, despite laws limiting retroactive prosecutions; that the length of pre-trial detention be reduced and adequate protection for witnesses and victims of torture be ensured; that human rights defenders be protected from harassment and threats; that the Special Rapporteur on torture be invited to visit Indonesia, including conflict areas; that Indonesia cooperate fully with the United Nations Transition Authority for East Timor (UNTAET), especially in providing assistance in investigations and court proceedings; that Indonesia make the declarations provided for in articles 21 and 22 of the Convention to allow individual complaints to be made to the Committee; and that the country's next periodic report include statistical data on torture and maltreatment disaggregated by, among other things, gender, ethnic group, geographical region, and type and location of detention.


Conclusions and recommendations on initial report of Benin

Among positive aspects of the report, the Committee cited the standing of international treaties ratified by Benin under Benin's Constitution, which ranked them higher than domestic law; the State party's commitment to put an end to large-scale violations of human rights which took place during the so-called "revolutionary" period; the strict prohibition on the practice of torture contained in article 18 of the Constitution; the establishment of the Benin Human Rights Commission; and the compensation of some persons who were subjected to torture during the "revolutionary" period, based on the recommendations of an Inter-ministerial Committee.

Concern was noted, among other things, over citizens' apparent lack of faith in the justice system and the resulting recurrence of the problem of mob justice; overcrowding and deplorable physical conditions in prisons; and the existence in Benin's legislation of legal provisions in the Criminal Code exonerating anyone who was guilty of offenses when such acts were ordered in accordance with the law or by a legitimate authority or were committed in self-defence, contrary to article 2 of the Convention against Torture, which allows no excuse or justification for torture.

The Committee recommended, among other things, that Benin adopt a definition of torture fully in keeping with the Convention, and that it provide appropriate penalties for the offense; that regulations be established on the right of torture victims to fair and adequate compensation from the State and to set up programmes for rehabilitation; that necessary legislative measures be approved to bring the Criminal Code into line with article 2 of the Convention; that human-rights education programmes be strengthened for law-enforcement officials and medical personnel; that measures be taken to eliminate the practice of mob justice; and that Benin consider making declarations under articles 21 and 22 of the Convention to allow individual complaints to be brought before the Committee.




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