Paniai's Decision Needs Follow-Up
The National Human Rights Commission has recommended the Attorney General take legal action for the acquittal of the accused of gross human rights violations in the Paniai case. Victims' rights also need to be fulfilled.
The defendant in the Paniai Gross Human Rights Violations case, Isak Sattu, Major Inf (retired) was sentenced to 10 years in prison in a human rights violation trial that was held at the Makassar District Court, Monday (14/11/2022)
MAKASSAR, KOMPAS — The panel of judges at the Human Rights Court chaired by Sutisna Sawati at the Makassar District Court, South Sulawesi, on Thursday (12/8/2022), handed down an acquittal against Maj. Infantry (Retired) Isak Sattu, the sole accused in the case of alleged gross human rights violations in Paniai in 2014. Due to his acquittal, Komnas HAM recommended that the Attorney General take further legal action according to the results of the Komnas HAM investigation.
Komnas HAM External Deputy Chairman Abdul Haris Semendawai said Komnas HAM respects the decision of the Human Rights Court which handed down an acquittal against Isak Sattu, accused of human rights violations in the Paniai case in Papua. However, Komnas HAM provided a number of notes related to the trial process for the accused. This includes the process of proving a case which was not considered running optimally because the majority of the witnesses presented at the trial came from officers or members of the Indonesian Military (TNI) and National Police (Polri).
Based on these considerations, according to Haris, Komnas HAM recommended that the Attorney General take legal action regarding the decision of the panel of judges at the Human Rights Court. In addition, the Attorney General was also asked to prosecute the perpetrators who had command or field responsibility in the Paniai incident in accordance with the results of Komnas HAM's investigations.
Also read:
> Talangsari Victims Demand State Responsibility
> Clearing up Settlement of Gross Human Rights Violations
"Komnas HAM also recommends that the Witness and Victim Protection Agency be proactive in providing protection and fulfilling the rights of witnesses and victims in the 2014 Paniai incident," said Haris, Thursday (12/8).
In their decision, the panel of judges at the Human Rights Court said the defendant Isak had not been legally and convincingly proven to have committed gross human rights violations as charged.
"Acquit the defendant from all the first or second charges as charged by the public prosecutor. Restore the dignity and honor of the accused," said the head of the panel of judges, Sutisna, in the trial which lasted nearly three hours.
The defendant in the Paniai Gross Human Rights Violation case, Isak Sattu, Major Inf (retired), listened to the prosecutor's demands in a trial on human rights violations which was held at the Makassar District Court, Monday (14/11/2021).
This decision was met with tears from Isak. Since the beginning of the trial, Isak admitted that during the Paniai gross human rights violation incident he just happened to be at the Enarotali Military Command Headquarters (Koramil), Papua, where a demonstration by residents took place which ended in chaos. In this incident, TNI troops were said to have shot residents and left 4 people dead and 10 others injured.
At that time, residents rallied at the Enarotali Koramil 1705-02 to protest against the beating by several members of the TNI towards residents. The beating was the result of an altercation caused by a TNI member who nearly ran over a group of youths who were asking for donations on the street for a Christmas event.
Previously, the prosecutor demanded Isak be sentenced to 10 years in prison. Isak was charged with committing the crime of gross human rights violations in the form of crimes against humanity, violating the first charge of Article 42 Paragraph (1) Letters a and b, in conjunction with Article 7 Letter b, Article 9 Letter a, Article 37 of Law Number 26 of 2000 of the Human Rights Court.
Also read:
> Waiting for the President’s Promises
> Discourse on Truth and Reconciliation Commission Law and Cultural Reconciliation
In their consideration, the panel of judges said based on the examination of a number of witnesses, including expert witnesses, evidence and facts from the trial, Isak was not proven to have violated the articles imposed. As a liaison officer, structurally Isak was not responsible for the troops at the Koramil Headquarters. Even though at that time he had the highest rank, he was not given the mandate or authority to replace or take over the duties of the Koramil commander who was not present at the time of the incident.
Another fact is that the results of firearms tests show no compatibility. Meanwhile, examinations or autopsies on the victims were also not carried out, including ballistic tests on the bullets that hit the victims.
Isak, who admitted that when the incident happened he was at Paniai Koramil Headquarters, was eventually placed as the sole defendant. The reason was based on the prosecutor's indictment that at the time of the incident, Isak was the only officer and senior officer at the Koramil. At the time of the incident, the Koramil commander was not present.
Evaluation
We also don't want the country to turn into a country that practices impunity for crimes without justice.
A member of Commission III of the House of Representatives (DPR) from the Nasdem Fraction, Taufik Basari, said Commission III of the DPR would evaluate the course of the human rights trials that had taken place so far. This is because not a single serious human rights court has succeeded in providing a sense of justice for the victims. Therefore, Commission III of the DPR will see what the problem is in those sessions, including the trial of the Paniai case. Commission III of the DPR will also look at the willingness and ability of the Attorney General's Office to process human rights violations in the human rights court.
"We also don't want the country to turn into a country that practices impunity for crimes without justice," he said.
This article was translated by Hyginus Hardoyo.
