Mon, 28 Oct 1996

Protection for suspects

Tentative findings made public by the West Java chief of police yesterday pinpointed a Bogor police chief detective lieutenant, identified only as DT, as being the main offender responsible for the torture and death of robbery and murder suspect Cece. The charges, if proven to be true, once again show how vulnerable crime suspects are while they are being investigated by the police, even though we know that in such cases the principle of the presumption of innocence should be applied.

Our code of criminal law procedures, despite its many shortcomings, provides strict protection of the rights of suspects. For example it mentions the length of time a suspect can be held in custody, his or her right to legal assistance and other such matters.

As is the case with many other regulations, however, these stipulations are often violated. The problem is that investigators are expected to extract a confession from suspects. As a consequence investigators are tempted to cut corners and do it the easy way. The important thing is that an confession is obtained. Although the police have said that they prefer proof to an admission of guilt, acts of violence against suspects continue to occur.

It is true that these acts of violence are not always committed by the police. In many cases the suspect is "borrowed" by other parties who then do the torturing. According to the law, however, the responsibility for the suspect's well-being remains in the hands of the legally authorized investigators; the police. This grave responsibility should push the investigators to be cautious regarding the manner in which they treat their suspects.

-- Republika, Jakarta