Komnas Perempuan: YTR Case Cannot Yet Be Classified as Torture
The National Commission on Violence Against Women (Komnas Perempuan) has stated that the case of severe abuse 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 according to 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, who attended the International Day Against Torture commemoration online from Jakarta on Friday, said her institution had 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 announced 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.
According to Sondang, actions resulting in severe suffering have been evident in the YTR case. However, Komnas Perempuan is still investigating the possibility of an element of state negligence, for instance, 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 as defined in the Convention Against Torture,’ she stated.
Based on initial findings, Komnas Perempuan assesses the case as an alleged severe abuse carried out repeatedly and in a planned manner, causing serious impacts on the victim’s condition, including 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.
Komnas Perempuan also noted that cases of sexual torture against women still face challenges in the form of under-reporting, as some victims are still afraid to report or worry that their reports will not be followed up adequately. According to the institution, strengthening access to justice and comprehensive handling is an important part of efforts to prevent torture against women.