-6- police. The torture took place at the District Military Command (Kodim) of Central Jakarta , Laksusda V Jaya, Pomdam V Jaya and Military Detention House (RTM) Cimanggis. The method of torture were inflicting of physical pain or suffering by act of physical violence by hitting with the gun and kicking. 5 14. The result of Komnas HAM inquiry on gross human rights violations of Tanjung Priok incidents in 1998 had been submitted to the Attorney General in 2001. The case had been investigated and determined 14 defendants. They had been put into trial. In 2006, the judicial process of the case had been completed in the cassation level. All of the defendant were acquitted. 15. On the case of Tanjung Priok, only one of the defendant, Pranowo [the Chief of Regional Military Command V Jaya (Kapomdam V Jaya)] was accussed should be responsible for the act of torture based on the definition of torture stated in article 9 Law 26/2000. The first level Court decided that the defendant, Pranowo, is found not guilty and acquitted. This decision was affirmed by the Supreme Court. (3) The Case Papua/Irian Jaya 16. This case widely known as a case of Abepura. Komnas HAM conducted an inquiry on this case and concluded that torture, as crimes against humanity, was committed. Alledgly the act of torture was committed by the police against civilian who can be identified as student and common people including children. The number of victim was 106 consisted of 9 women and 96 men (the more detailed see annex). The act of torture alledgely caused death of two of victim who died in Mapolres Jayapura (the detailed see annex) and caused permanent disability of one of the victim (detailed information see annex). The act of torture took place att victim's house (at Abepura Sub-district and South Jayapura Sub-district), on the way to or on the truck up to his detention at sub district Police (Polsek) Abepura and Police Precinct Jayapura.6 17. The report of Komnas HAM stated that, the method of torture in this case were : (a) Inflicting of severe pain or suffering: (i) Inflicting of physical pain or suffering by act of physical violence: beating with rattan and wood, hitting with gun and kicking using military boots. (ii) Inflicting of physical pain or suffering using special devices/instruments and/or substances : burnt with cigarret on the hands of the victims. (iii) Inflicting of physical pain or suffering using water by throwing water over victim’s wound. (iv) Inflicting physical pain or suffering by forced consumption of solids and liquids by forcing the victim to lick the dropped blood on the floor, to drink water mixed with blood, and eat their own hairs (after their hairs cut off by the police). 5 6 See Annex 3 See Annex 3

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