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Indonesia: New Aceh Law Imposes Torture

by via HRW
(New York) - A new criminal bylaw passed by the provincial parliament of Aceh imposes torture, violates basic rights to privacy, and fails to protect victims of sexual violence, Human Rights Watch said today. Human Rights Watch urged the Indonesian government to review and reject all provisions relating to the death penalty, stoning, and flogging, and called on the Ministry of Home Affairs to overturn the law immediately.
The new law calls for married adulterers to be stoned to death and punishes consensual sexual conduct with flogging - 100 lashes each for homosexual conduct and for adulterous conduct between unmarried partners. The law (Law No. 11/2006 of the Government of Aceh) passed on September 14, 2009, and although Aceh's governor, Irwandi Yusuf, has said he will not sign the law, it will take effect in mid-October unless national authorities intervene.

"Stoning and flogging constitute torture in any circumstances," said Elaine Pearson, deputy Asia director at Human Rights Watch. "Imposing these draconian punishments on private, consensual conduct means the government can dictate people's intimate lives."

In addition to criminalizing all sex outside of marriage, the new law fails to criminalize marital rape and introduces discriminatory and unjust evidentiary requirements to prove rape. In doing so, the law places sexual assault victims at risk of being punished for engaging in illegal sexual conduct, instead of providing victims of violence or abuse with clear channels for redress.

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