The National Commission on Human Rights (Komnas HAM) questioned the North Jakarta Police's moveduring the mass arrests in Atlantis Gym and Sauna, which was allegedly used to hold a homosexual sexparty.
"Komnas HAM regrets the arrest of 144 people by North Jakarta Police at the Atlantis Gym and Sauna for allegedly conducting prostitutes. The action was done by raiding [the place] and followed by other inhuman acts," said DeputyChairman of Komnas HAM Muhammad Nurkhoiron in his written statement on Tuesday.
According to Nurkhoiron, the commission received complaints saying the menwere raided, arrested and escorted to North Jakarta Police headquarter without clothes using a city bus.
Although accompanied by legal counsel of the Advocacy Coalition for Violence Against Minorities, those people wasunfairlytreated by the police who took pictures of them in naked condition then putting the pictures on social media, news or chat app.
"That was an excessive abuse of power. It disrespected human rights and ruled out the presumption of innocence that should be respected in the process of law enforcement," said Nurkhoiron.
Nurkhoiron claimed the needless publication would potentially portraitthe men as criminals and a source of immorality, and thus would only multiply discriminatory act. The publicationis therefore, contradictory to the 1945 Constitution Law no. 39/1999 on Human Rights.
Arresting the men and not letting them to put on decent clothing also violatedthe 1945 Constitution no. 39/1999 on Human Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture).
Therefore, Komnas HAM requested the Police of the Republic Indonesia, especially North Jakarta Police to respect human rights when conducting legal process against minority groups with different sexual orientation. The National Police, Nurkhoiron added, must abide the Convention against Torture in their daily duties.
The police was urged not to publish photos, data and personal information of the arrested men thatpossibly couldhurttheir dignity as humans. The police was also urged toadhere to the presumption of innocence of those people.
In addition, the commission also demanded the police to release the innocent men and restore their reputation. Media and the public are also asked not to share or distribute photos/data/information of victims to respect theirhuman rights.
"This press release is delivered as a form of Komnas HAM's responsibility to carryout its mandated functions, duties and authorities in order to establish conducive condition for the development, protection and enforcement of human rights," endedNurkhoiron.
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