Torture is mother of all human rights violations.
Torture gave birth to various human rights violations from
extra-judicial killing to denial of the right to fair trial.
International human rights law posits torture as the highest norm of
crimes. Thus, it makes torturer as the common enemy of all mankind
(hostis humanis generis).
(Source: KontraS, 26 June 2009)
Torture is mother of all human rights violations.
Torture gave birth to various human rights violations from
extra-judicial killing to denial of the right to fair trial.
International human rights law posits torture as the highest norm of
crimes. Thus, it makes torturer as the common enemy of all mankind
(hostis humanis generis).
Physical injuries are not the only mark that left by torture. Apart
from that, torture affects mental stability of the victim and often
created a post-traumatic mental instability. Torture is recognised as a
serious violation of human rights due to the fact that torture
subtracts human dignity. The time someone is tortured, instantly at
that time his/her humanity is torn apart.
Torture does not recognise its victims social background. It haunts
everyone. Before 1998, torture was used as the most powerful weapon of
military regime to shut the mouth of any person who is deemed to be
subversive or communist. In the aftermath of 1998, rampant practice of
torture was happening again. Only at this time it is used by the law
enforcers to demonstrate their arrogance and power. Those who are
vulnerable and marginalised became an easy target for police and
military authority. Minority groups by the account of religion,
ethnic, political background, poor urban, fisherman, labour, lesbian,
gay, bisexual, transgender and people who use drugs are also vulnerable
against the practice of torture.
Eleven years since the ratification of the United Nations Conventions
against Torture (CAT) in 1998, there has been no concrete efforts from
the Indonesian Government to effectuate the full implementation of the
said convention. The Government has not yet categorised torture as an
offence under its domestic laws or regulations. The draft of the
Indonesian Criminal Code (KUHP) indeed already incorporate torture as
punishable under the code, however the endorsement of the draft in the
mean time is relatively difficult pending the approval from the House
of the Representative. Furthermore, the Optional Protocol of the CAT
which was scheduled to be ratified in the end of 2008 is remaining to
be an empty promise. The particular importance of the OPCAT is that the
optional protocol provides a mechanism for prevention at the national
level relating to prisoners and relevant domestic institutions.
Accordingly, the certainty concerning the ratification of the OPCAT
should be regarded as a necessary agenda for the elected government.
Today, 26 June, is the defining moment for the
Indonesian Government to demonstrate its commitment to eradicate all
human rights violation in Indonesia, specifically with regards to
torture. Today is also the most appropriate day for all people in the
world, including Indonesia, to pay our tribute to those who endured
from torture irrespective where they are. It is also the moment for us
to demonstrate our solidarity, to commemorate those who have gone and
to salute those who survived, from this unspeakable and unimaginable
crime.
The Governments favourable position towards the victim can be started
by announcing its responsibility and to ask for forgiveness for all
torture practices happened in this republic. Governments respect
towards the victims can be manifested in performing reparation as
opposed to only financial compensation. Furthermore, actions such as
initiation of prosecution of the perpetrators and to assure that such
evil practice will not ever happen again are paramount.
The Indonesian Coalition against Torture (JAPI) is of the view that it
is time for the governments' intention of protecting, promoting and
fulfilling human rights violations needs to be reassessed. Therefore,
we strongly urge the Government to: 1). Criminalise torture. Determine
torture as a crime under Indonesian laws in accordance with the CAT;
2). Ratify the OPCAT without further delay. The failure to execute
these two significant steps in a relatively short period of time will
definitely prolong the list of victims of torture and substantially
increases the climate of impunity in Indonesia.
