Komnas Perempuan Says YTR Case Cannot Yet Be Classified as Torture, Here's Why
The National Commission on Violence Against Women (Komnas Perempuan) has stated that the severe abuse case against a woman with the initials YTR (29) in Bandung, West Java, cannot yet be categorised as torture based on the definition in the United Nations Convention Against Torture. Nevertheless, Komnas Perempuan is still investigating the possibility of elements of torture in the case to ensure the application of appropriate legal provisions in accordance with the facts found, while also pushing for the comprehensive fulfilment of the victim’s rights, including protection, recovery, and thorough case handling.
Komnas Perempuan Commissioner Sondang Frishka Simanjuntak, speaking during the commemoration of International Anti-Torture Day observed online from Jakarta on Friday, said her institution has deployed a team to Bandung to gather field facts and coordinate with various parties regarding the handling of the case. According to her, the results of the investigation will be conveyed to the public once the information gathering process is complete. “In the YTR case, we cannot yet see it as a case of torture under the definition of the Convention Against Torture,” Sondang said.
She explained that the United Nations Convention Against Torture (CAT) requires an act that causes severe pain for a specific purpose, such as obtaining a confession or carrying out discrimination, as well as the involvement of the state. According to Sondang, in the YTR case, actions resulting in severe suffering have been observed. However, Komnas Perempuan is still investigating the possibility of an element of state omission, for example if the victim had previously attempted to report the incident but did not receive proper 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 Convention Against Torture,” she stated.
Based on initial findings, Komnas Perempuan assesses the case as an alleged severe abuse that was carried out repeatedly and in a planned manner, causing serious impacts on the victim’s condition, including causing disability. To support the evidentiary process, Komnas Perempuan is urging a comprehensive 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 the articles that can be applied against the perpetrator become layered and more complete, not only severe abuse as stipulated in the Criminal Code, but also the TPKS Law can be used,” Sondang said.