“Komnas HAM takes the following response: Komnas HAM urges for the trials to be done independently and impartially, in accordance with the principle of a fair trial as per the Human Rights Law and the Covenant on civil and political rights,” Chairperson of Komnas HAM Atnike Nova Sigiro noted in a statement received here on Saturday.
They also urged the National Defense Force Commander to supervise the judicial and law enforcement process and for the Supreme Court to supervise the judiciary apparatus that tries military and civilian defendants to ensure that the results were accountable and also effective and efficient.
They also requested for the Witness and Victim Protection Agency (LPSK) to protect the families of the victims and aid in their recovery.
“The victims’ families said that they needed guarantees of protection and (help in the process of) recovery from the LPSK during the trial process of this case,” she concluded.
The agency appealed to everyone to support the process of the trial, so it would run well.
“Komnas HAM RI would like to thank all parties, who have provided the information and information needed in this monitoring process,” he affirmed.
On November 2, 2022, the commission concluded its final monitoring and investigation report on the murder and mutilation of four people in which military personnel in Mimika District had been involved. They also issued recommendations regarding follow-up actions to the National Defense Force.
As an effort to follow up on recommendations pertaining to law enforcement, they monitor the trial process, as it is their responsibility to ensure that the entire trial process runs accordingly and can proffer a sense of justice, especially to the victims’ families.
The commission, through its Papua Provincial Representative Office, pursues monitoring for the trial processes that were held on three separate occasions at PM III-19 Jayapura on January 10, 19, and 20, 2023.
According to their fact findings and analysis, people and the victims’ families could witness the trial, with the police and national defense force giving security. However, the trial process did not run effectively due to the lack of preparation on the part of the court apparatus.
Some of the trial proceedings that needed internet network, such as for witnesses, defendants, and evidence examinations, did not go accordingly due to network issues.
The courtroom is not spacious enough to accommodate the number of people keen to participate in the trial process.
The judicial process ignores accessibility for families to participate in all stages of the trial. She noted that the separate judicial process was inefficient in terms of the time and costs, particularly for families that were examined as witnesses.
The process of criminal accountability was not optimal, as the military and civilian defendants were tried separately. The witness of civilian perpetrators could not take part firsthand in the trial of the accused military personnel.
In addition, civilian suspects had yet to undergo trial through the general court, and the latest information on case files is still with the Timika District Attorney.
The victim’s family was not satisfied with the indictment of the Makassar High Military Authority against the defendant, Major Helmanto Francis Daki, for placing Article 480 of the Criminal Code as the primary indictment, Article 365 of the Criminal Code as the first subsidiary indictment, while Article 340 of the Criminal Code as the first indictment is more subsidiary.
This could mean very light sanctions for perpetrators, thereby increasing the risk of similar cases recurring.
The victim’s family and lawyers felt that the trial process seemed too rushed, even though sufficient time must be allotted in order to examine all facts in detail.
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