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Jakarta Post

Komnas HAM urges AGO to appeal against ‘Bloody Paniai’ acquittal

Victims’ families want other suspects exposed.

Nur Janti (The Jakarta Post)
Jakarta
Tue, December 13, 2022

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Komnas HAM urges AGO to appeal against ‘Bloody Paniai’ acquittal

T

he National Commission on Human Rights (Komnas HAM) has called for the Attorney General's Office (AGO) to appeal a recent ruling by a regional human rights court that acquitted the sole defendant in the 2014 fatal shooting of civilians in Paniai regency, Papua.

The Makassar Human Rights Court in South Sulawesi ruled last week that the incident was a gross human rights violation but found Isak Sattu, a retired Indonesian Army major and the only accused on trial in relation to the case, was not guilty of “crimes against humanity”. Isak, who was a liaison officer with the Paniai Military Command (Kodim) at the time of the incident, was cleared of all charges.

Two judges on the five-member bench dissented, saying that Isak was guilty for failing to stop the shooting as part of his duty.

AGO prosecutors had demanded that Isak be sentenced to 10 years in prison.

The Bloody Paniai incident occurred in the regency on Dec. 8, 2014, when security forces opened fire on a crowd of demonstrators protesting the beating of a youth the previous day by members of the Indonesian Military (TNI). Five people, including four teenagers, were killed during the incident, and 21 other civilians were injured.

The AGO investigated the case after Komnas HAM concluded in early 2020 that the Paniai tragedy was a “gross human rights violation”.

"We encourage the AGO to take legal action by filing” a cassation appeal with the Supreme Court, Komnas HAM commissioner Abdul Haris Semendawai told the press on Thursday.

Komnas HAM also urged the AGO to bring to trial any other individuals who were alleged of involvement in the shooting, including those who were in positions of command with the TNI at the time of the incident. Stopping the investigation with Isak would mean impunity for anyone else responsible for the incident, the commission said.

AGO spokesman Ketut Sumedana told The Jakarta Post on Sunday that the office still had ample time to review the verdict before making its next move.

"I'd say we will consider filing a request for cassation [appeal] shortly," Ketut said, adding that the AGO had discussed the case with Komnas HAM following the verdict.

According to the 2009 Supreme Court Law, prosecutors have 14 days to file an appeal after a verdict is issued.

The victims’ family members found it hard to believe that only one person had been brought to trial. They also demanded that the AGO reopen the case and investigate any other potential suspects, saying that the incident had involved members from two TNI units and one police unit.

“From the beginning, we knew that the sole defendant would walk free,” Yones Douw, a lawyer representing the victims’ families, told the Post on Sunday.

They suspected that the government had held a show trial merely to improve its reputation in the eyes of the international community and to mollify Papuans who had long sought justice, and that it had no real intention of carrying out justice.

Separately, the Commission for Missing Persons and Victims of Violence (Kontras) noted that only two written testimonies from survivors were presented for the defense during the course of the trial.

"The trial was dominated by testimonies from [security force members], from the side of the alleged perpetrators. It was one-sided," Kontras said.

The Paniai tragedy is the only one to be brought before a human rights court out of the 12 past cases that Komnas HAM has declared gross human rights violations, with the 1965-1966 communist massacre numbering among the remaining 11 cases.

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