CRPD
Rights Tracker
Reports
(Art. 14) Liberty and security of person
(Art. 14) Liberty and security of person
List of Issue
Please provide information on the measures taken to revise and repeal all laws, policies and practices that deprive persons of their liberty on the basis of impairment, including disaggregated statistics for the past five years about the number of persons that have had their liberty restricted.
Alternative Reports
DPOs Coalition Report (OHANA)
Indonesia has ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Law No. 5 of 1998. Rules on freedom from torture are also regulated in the Criminal Procedure Code (KUHAP). Law No. 8 of 2016 concerning Persons with Disabilities Article 6 letter (f) affirms that persons with disabilities have the right to be free from torture, and other cruel, inhuman, and degrading treatment and punishment.
Nevertheless, in practice, the practice of torture in Indonesia is closely related to the law enforcement process since the investigation phase. The inaccessibility of the law enforcement system in Indonesia causes persons with disabilities to be more vulnerable to becoming victims of torture. In the case of the death penalty carried out by the Indonesian Government in 2015, there was an indication that one death row inmate suffered from schizophrenia. Mr. Rodrigo Gularte (42), a Brazilian death row inmate, was executed in 2015, even though several doctor and hospital records confirmed that he had been suffering from severe mental depression for a long time.
Another case that recently occurred and was ultimately ruled not guilty by the court involved Mr. Wendra Purnama (22), an intellectual disability, who was detained at Tangerang Youth Correctional Institution for a drug abuse case. After several court sessions, in July 2019 the Panel of Judges of the Tangerang District Court released Wendra, as he was deemed not criminally responsible for his actions, as affirmed in Article 44 of the Criminal Code (KUHP).
Proposed List of Issue
How does the government ensure/guarantee that persons with disabilities experiencing various forms of discrimination receive legal protection?
Response List of Issue (Coalition/OHANA)
No data available
Response List of Issue (HWDI)
Article 28 of the 1945 Constitution affirms that every Indonesian citizen has the freedom to assemble, associate, adopt beliefs, express opinions, be free from torture, degrading treatment, and be free from discrimination, in compliance with applicable laws. This is also affirmed in the Human Rights Law. Law 8/2016
In practice, to date, there are still many obstacles experienced by persons with disabilities in their daily lives that restrict their freedom, whether they come from the family, community, or the government itself. This can be seen from several cases experienced by persons with disabilities and from regulations made by the government, both regional and national.
For example, a regulation that discriminates against women with disabilities is the Circular Letter of the Regent of Bierun Regency, Aceh, on the Standardization of Coffee Shops/Cafes and Restaurants in accordance with Islamic Sharia, which prohibits men and women from eating and drinking at the same table except with their mahram (unmarriageable kin). The Circular Letter of the Mayor of Lokshumawe regarding the prohibition of sitting astride (straddling) for women riding motorcycles with non-mahrams. These two rules do not directly discriminate against disability, but in practice, they will be very discriminatory because they do not consider women with disabilities who, in certain situations, must be accompanied (need an assistant) and the forward-facing sitting position is considered the safest for the safety of persons with disabilities. Not all disability assistants are family members, so restricting women with disabilities from traveling with non-family members actually has the potential to limit the mobility of women with disabilities. This rule also contradicts the principle of accessibility which requires an assistant as a support system for persons with severe/vulnerable disabilities.
In East Java, there is already East Java Regional Regulation (Perda) No. 16 of 2012 concerning the organization of protection for women and children victims of violence, where one form of violence is the restriction of movement.
In other cases, the Government's failure to guarantee the right to safety and build a support system for persons with disabilities has restricted the mobility of women with disabilities, as they are vulnerable to becoming victims of violence. In Palembang, South Sumatra, women with intellectual disabilities / Down syndrome frequently experience sexual violence and harassment when walking alone. Meanwhile, South Sumatra Regional Regulation No. 6 of 2014 concerning Protection and Social Welfare Services for Persons with Disabilities still focuses on welfare and does not include aspects of prevention and handling of violence against women with disabilities.
Restriction or limited access also restricts the right to freedom of persons with disabilities, whether within the family, community, or public services. Families still tend to hide their family members who have disabilities. In a case in Lampung Province, a girl with a disability did not go to school because her parents claimed the school was inaccessible, and this consequently prevented the child from freely choosing the education she wanted. A similar case also occurred in Sidoarjo, East Java, where a girl with a physical disability had her mobility restricted by her family from childhood to adulthood, and was not allowed to pursue higher education like her other siblings.
Committee Recommendations
The Committee recalls its guidelines on the right to liberty and security of persons with disabilities and recommends that the State Party repeal all provisions that allow for the deprivation of liberty on the basis of impairment, including in Law No. 8 of 2016 concerning Persons with Disabilities and Law No. 18 of 2014 concerning Mental Health, as well as provisions and practices at the provincial and district levels.
Freedom from torture or cruel, inhuman or degrading treatment or punishment (Article 15)
The Committee recommends that the State Party:
Prohibit the use of shackling, isolation, and all forms of restraint in all settings, including within families and in social care institutions, and develop and promote non-coercive, community-based mental health support and services;
ⓘ Indicators
The use of shackling, isolation, and restraint(s)