Indonesia's Appaling Prison Condition

Jakarta, Indonesia — John – not his real name – is a prisoner who was taken into custody by the Kebayoran Baru Sector Police in Jakarta, Indonesia, on March 12. But what makes him different from other detainees is that he is HIV positive. He has been held under conditions so miserable that they amount to cruel, inhuman and degrading treatment.

On March 23, his parents found out that John was suffering severely. He was sick, and had neither eaten nor drunk for a very long time. His face was pale and he couldn’t stop trembling.

John had been held at the police station from March 13, but due to his poor physical condition he was transferred to the Soekanto Police Hospital on March 25, after his family’s bail request had been rejected. In the hospital, he was placed in an isolation room in a building reserved for sick prisoners.

The ambience at the medical facility is more like a prison than a hospital, with patients kept in rooms behind iron bars and locked with huge padlocks. Apart from the smell of drugs, the place is permeated with the unpleasant odors of blood and feces.

The hospital wards contain four or five beds, fully occupied. There is a toilet in the room behind a low wall, with no door.

John was placed in one of three isolation rooms in the building. Normally, only mentally ill detainees are put in these rooms, which are only about two square meters in size. The room contained no bed or mattress. There was no proper light or ventilation, the walls were dirty and full of graffiti and the floor was covered in puddles and dirt. There was a toilet behind a low wall, and no clean water. Sanitation was appallingly lacking.

John was found lying in this room, staring blankly and unable to talk. He had received no medical treatment since his arrival. He would be seen by a doctor only after April 13, for the absurd reason that April 9 is a general election, April 10 is Good Friday, and April 11 and 12 are a weekend.

The poor treatment John received at the hands of the police is more or less typical for prisoners in Indonesia, especially those with HIV/AIDS.

The U.N. Standard Minimum Rules for the Treatment of Prisoners state that sick detainees should be transferred to specialized institutions or to civil hospitals, where they should receive proper medical care and treatment from suitably trained personnel.

The rules require that a medical officer examine every prisoner as soon as possible and take all necessary measures to restore his or her health. The medical officer is responsible for the physical and mental health of the prisoners, and should daily see all sick prisoners and all who complain of illness.

The officer must also ensure the hygiene and cleanliness of the institution and the prisoners, the sanitation, heating, lighting and ventilation of the building, and the suitability and cleanliness of the prisoners' clothing and bedding.

Furthermore, the U.N. Office on Drugs and Crime, in conjunction with the World Health Organization and UNAIDS, has recommended that Indonesia reform its correctional facilities and detention centers with regard to the health conditions of detainees. It stated that clinical services are an important component of programs to cope with HIV/AIDS and drug abuse.

In response to the recommendations, Indonesia issued a plan to strengthen the clinical services in prisons by 2010, in which the government promised to provide optimal services to every prisoner in accordance with the Universal Declaration of Human Rights and other international human rights treaties, as well as national regulations concerning the treatment of prisoners.

With so many laws regulating the right to health for the detainee or prisoner, how could there be such a place as the hospital to which John was sent? The head of the Health and Medical Center of the National Police General, Brigadier (Pol) Bambang, in an interview in 2005 stated that insufficient funds were the main problem. Also, apparently there is no law stipulating which institution is responsible for financing prisoners’ medical care. Therefore the costs have been taken from the police’s health and medical budget, placing serious financial restraints on services.

John’s condition is indeed grave and the care he is receiving is far from adequate. He is suffering truly inhuman treatment, incompatible with human rights principles. His sad story demonstrates the urgent need for an independent monitoring body to ensure that prisoners receive adequate care and treatment in the future.

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(Christine Tambunan is a research associate at the Community Legal Aid Institute – LBH Masyarakat – in Jakarta, Indonesia. She is currently studying at the Faculty of Law University of Indonesia, majoring in legal practice. Her interests include issues of torture, monitoring detention, freedom of religion, social justice and development. LBH Masyarakat provides pro bono legal aid for disadvantaged and marginalized people.)

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UN Human Rights Prizes 2008

The 2008 United Nations Human Rights Prize winners include a doctor working in the Congo treating women and girl victims of sexual violence, a posthumous award to a Nun who defended the rights of the poor, landless and indigenous peoples of Brazil and the immediate past UN High Commissioner for Human Rights.

The UN General Assembly established the prize forty years ago to recognise “outstanding achievements in the field of human rights.” The awards will be presented at a ceremony in New York on 10 December to mark the 60th anniversary of the adoption of the Universal Declaration of Human Rights.

For 2008 six individuals and one organisation have been awarded the prize.

The winners are Louise Arbour, Benazir Bhutto (posthumous), Ramsey Clark, Dr. Carolyn Gomes, Dr. Denis Mukwege and Sr. Dorothy Stang (posthumous). The organisation, Human Rights Watch is also a recipient.

Prior to her appointment as High Commissioner for human Rights from 2004 until 2008 Louise Arbour served as the Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda and was responsible for the first indictment in history of a sitting head of state, the then President of Yugoslavia, Slobodan Milosevic.

Benazir Bhutto was elected Prime Minister of Pakistan in 1988 and 1993. Regarded as an ardent advocate for democracy and human rights Ms Bhutto was assassinated following a political rally in Rawalpindi in December 2007.

Ramsey Clark, veteran human rights defender and former Attorney-General of the United States is recognised for his steadfast insistence on respect for human rights and fair judicial process for all, in accordance with international standards.

Dr Carolyn Gomes is the Executive Director and co-founder of Jamaicans for Justice, the premier human rights advocacy group in Jamaica, developing innovative local and international partnerships to advance the cause of human rights.

Dr Denis Mukwege co-founded and operates the General Referral Hospital of Panzi, in Bukavu, South Kivu, in the Democratic Republic of Congo. An average ten to twelve women arrive at the hospital daily for treatment, many of whom require major surgery. Dr Mukwege describes the sexual violence in the region as a weapon of war, which has destroyed entire communities.

Sister Dorothy Stang of the Sisters of Notre Dame de Namur was murdered in 2005 in Anapu, Brazil. Despite numerous death threats Sister Dorothy had defended the rights of the poor, landless and indigenous populations of the Anapu region of Brazil for nearly forty years.

For 30 years, Human Rights Watch (HRW) has documented human rights violations across the globe and played a major role in campaigns for the establishment of the International Criminal Court, the International Campaign to Ban Landmines and more recently the Coalition to ban cluster munitions.

Commenting on this year’s winners, the UN High Commissioner for Human Rights, Navanethem Pillay said, “The Human Rights Prize sends a clear message to those who stand for human rights and freedoms that the international community is grateful for and supports their tireless efforts to promote the Universal Declaration of Human Rights.”

The winners are selected by a committee made up of the President of the General Assembly, the President of the Economic and Social Council, the President of the Human Rights Council, the Chairperson of the Commission on the Status of Women, and the Chairperson of the Advisory Committee of the Human Rights Council.