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Court clears ex-soldier of all charges in Papua rights abuse trial

Ananda Teresia and Kate Lamb (Reuters) (The Jakarta Post)
Jakarta
Fri, December 9, 2022 Published on Dec. 8, 2022 Published on 2022-12-08T19:43:49+07:00

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T

he Makassar Human Rights Court in South Sulawesi on Thursday acquitted a retired Army officer in the fatal shooting of four teenagers in Papua in 2014, crushing hopes that the military would be held accountable for alleged abuses in the restive region.

Held in an infrequently used human rights court, the seven-week trial saw public prosecutors bring charges of “crimes against humanity” against Maj. Gen. (ret.) Isak Sattu for his alleged role in ordering the fatal shooting.

Presiding judge Sutisna Sawati said on Thursday that the defendant had been found not guilty, and was cleared of all charges.

The case relates to an incident, also referred to as Bloody Paniai, which occurred when security forces opened fire on a crowd of demonstrators during a protest in Paniai on Dec. 8, 2014. Hundreds of residents had gathered to protest against the beating of a child

Five people, including four high school students, were reportedly killed during the incident, and 21 other civilians were injured.

Isak was a liaison officer for the Paniai Military Command (Kodim) at the time of the incident.

Yones Douw, a lawyer and representative of the families of the victims, said the trial was only held to “create a good image for Indonesia”.

“Since the beginning of the trial, we rejected it because there was only one suspect and we just knew he would be freed,” he said.

Prosecutors, who alleged that Isak had failed in his command responsibility by not stopping his troops, had called for him to be jailed for 10 years.

Isak’s lawyer, Syahrir Cakkari, said he was cleared of all charges because he was not responsible for the actions of the Indonesian Military (TNI) personnel involved in the incident.

The National Commission on Human Rights (Komnas HAM), which has the authority to conduct a preliminary investigation to determine whether or not a case constitutes a violation, concluded in early 2020 that TNI soldiers had committed “gross human rights violations” by killing and persecuting civilians.

But the case stalled after the Attorney General’s Office (AGO) returned the preliminary investigation dossiers submitted by Komnas HAM in 2020, reportedly citing administrative errors.

President Joko “Jokowi” Widodo has paid particular attention to trying to improve development and social welfare in Papua and has promised to ensure justice for the victims of the Paniai incident.

A number of civil groups had been demanding the Paniai case be tried in Papua, to make it more accessible for local people and the families of victims so they can keep tabs on the court proceedings.

Activist groups said that holding the trial in Papua would make it easier for prosecutors to present witnesses.

They also said that establishing a rights court in Papua, where rights violations have repeatedly occurred, would create infrastructure for any future trials. 

This is in line with a newer law on Papuan special autonomy, which mandates the creation of such a tribunal, as part of efforts to uphold human rights in the country's easternmost region.

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