Komnas Perempuan Explains Why YTR Torture Case Does Not Yet Meet UN Standards

The National Commission on Violence Against Women (Komnas Perempuan) has revealed the reasons why the torture of YTR does not yet meet the standards of the United Nations Convention Against Torture (CAT). Komnas Perempuan Commissioner Sondang Frishka Simanjuntak stated that the CAT requirements for torture stipulate an act causing severe pain for a specific purpose, such as obtaining a confession or carrying out discrimination, along with state involvement. Sondang acknowledged that in YTR’s case, there were visible acts resulting in severe suffering. However, Komnas Perempuan is still investigating the possible element of state negligence. For instance, if the victim had attempted to report the incident but did not receive an appropriate follow-up. “That is where we can see that there has been state involvement, providing neglect so that it falls into the category of torture under the Anti-Torture Convention,” Sondang said in Jakarta on Friday (26/6). Based on initial findings, Komnas Perempuan assesses that the case constitutes severe, repeated, and planned abuse that has caused serious impacts on the victim’s condition, including causing disability. To support the evidentiary process, Komnas Perempuan is urging a thorough medical examination so that all forms of violence experienced by the victim can be identified, including the possibility of criminal acts of sexual violence. “So that later the articles that can be applied to the perpetrator become layered and more complete, not just severe abuse as regulated in the Criminal Code, but also using the Sexual Violence Crime Law,” Sondang said. Komnas Perempuan also noted that torture cases against women still face the challenge of under-reporting. This is because some victims are still afraid to report or worry that their reports will not be adequately followed up. According to the institution, enforcing access to justice and comprehensive handling is an important part of efforts to prevent torture against women. Komnas Perempuan is still investigating the possibility of protection guarantees in this case to ensure the application of legal provisions. The institution will also push for the comprehensive granting of victims’ rights, including protection, recovery, and comprehensive problem handling.