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UN. Sp. Rapporteur on Torture, etc report – Indonesia/W Papua excerpt

March 9, 2015

Indonesia/West Papua excerpt from http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/Documents/A_HRC_28_68_Add.1_AV.doc

A/HRC/28/68/Add.1

Advance Version
Distr.: General
6 March 2015

English/French/Spanish only
Human Rights Council
Twenty-eighth session

Agenda item 3

Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez

Addendum

Observations on communications transmitted to Governments and replies received*

* The present document is being circulated in the languages of submission only.

Indonesia

(a) JAL 01/05/2014 Case No. IDN 2/2014 State Reply: None to date Allegations concerning the violent dispersal of a demonstration in Jayapura, West Papua, on 2 April 2014, and the arrest and torture of two student demonstrators, Mr. Alfares Kapisa and Mr. Yali Wenda.

1. The Special Rapporteur regrets that the Government of Indonesia has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

2. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Indonesia, by failing to protect the physical and psychological integrity of the demonstrators up to the arrest and during detention and from threats and intimidation following their release, has violated the right of Messrs. Kapisa and Wenda to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(b) JAL 16/12/2013 Case No. IDN 5/2013 State Reply: None to date Allegations concerning torture and death in custody of Mr. Aslin Zalim, a 34-year-old civil servant in Bau-Bau, South East Sulawesi, Indonesia, and torture of two other detainees.

3. The Special Rapporteur regrets that the Government of Indonesia has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

4. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Indonesia, by failing to prevent the death of Mr. Aslin Zalim and protect the physical and psychological integrity of the three detainees, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. The State is urged to conduct a fair and impartial investigation into the incidents and to prosecute and punish those responsible.

(c) JUA 13/06/2014 Case No. IDN 3/2014 State Reply: None to date Allegations concerning Ms. X, a 26 year old girl who was allegedly gang raped and now faces threat of corporal punishment by caning.

5. The Special Rapporteur regrets that the Government of Indonesia has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

6. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above and thus, that the Government of Indonesia, by using corporal punishment in response to Ms. X’s alleged extramarital sex – when in fact she was the victim of gang rape-, has violated her right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

7. The Rapporteur wishes to stress that corporal punishment of any sort is always torture in violation of international law, even if judicially imposed.

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John M. Miller, National Coordinator
East Timor & Indonesia Action Network (ETAN)
Phone: +1-917-690-4391
Email: etan Skype: john.m.miller
Twitter: @etan009
www.etan.org

2012 Recipient of the Order of Timor (Ordem Timor)

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