UNAIR expert: Criminal suspects’ rights must be protected

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AMIRA Paripurna (on the right), lecturer on Crime, Criminology, and Victimology, Faculty of Law UNAIR (Photo: Personal Doc.)

UNAIR NEWS – Some time ago, there was a commotion on social media discussing a case of bullying done to one of the vloggers who distributed aid containing trash. Then bullying videos of suspects in custody went viral, caused many pros and cons of social media users.

In this regard, an expert of Law from Universitas Airlangga (UNAIR) Amira Paripurna S.H., LL.M., PhD., regretted the bullying incident happened to the suspect. She said that every crime suspect has rights that must remain protected and guaranteed by the state, including their rights in detention.

“The state still needs to take firm steps in guaranteeing the rights of suspects in detention,” Amira said.

Amira said that incidents of violence in detention or prisons are still happening and the authorities often let it keeps happening.

The authorities have violated the principles of Human Rights, regulated in the Convention on Civil and Political Rights (Law No. 12 of 2005) and the Convention Against Torture and Cruel Treatment (Law 5 of 1998). It shows that the state, in this case law enforcement officials, have neglected the protection of suspects’ rights and also show poor surveillance in preventing unlawful acts in detention or prisons.

“Physical violence is the most common. However, the principle of equality before the law and the presumption of innocence is often ignored, ” she said.

A person who is still a suspect and undergoing a detention process has the right to be free from intimidation, pressure, and physical abuse, or sexual harassement. If there is still a lot of harassment, it will be able to affect the psychological status of the suspect or detainee.

“This incident does not only show us the poor surveillance and control in the detention system in law enforcement institutions,” she explained.

Amira also explained, if indeed the detention officers let abuse or acts of violence happened, they can also be held accountable for criminal acts of persecution.

There is a need for firm action to members of the police force who are responsible for allowing these degrading actions to take place. Revealing the involvement of every party who committed violence, ordered, or even allowed it to happen.

She emphasized that letting violence happen to suspects in detention must not happen again for any reason. Law enforcement that fulfills due process and avoids acts of violence must be guaranteed by the state.

“Law enforcement officials should also focus on how to restore the rights of victims, in this case the transvestite (of the prank case conducted by FP, ed),” she concluded. (*)

Author: Ulfah Mu’amarotul Hikmah

Editor: Binti Q Masruroh

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