-5-
submission, Komnas HAM has completed inquiries on seven cases in which torture
allegedly were perpetrated. The detailed information regarding those cases as follows:2
(1)
The Case`of Timor Timur (East Timor/Timor Leste)
10.
The inquiries conducted by Komnas HAM concluded that torture as part of crimes
against humanity were committed. The alledge perpetrator were the police, the military
and the militia. The victims were civilian who can be identified as students and members
of CNRT. The report of the inquiry said that torture were comitted as a means of
terrorizing civilian.3
11.
The result of Komnas HAM inquiry on gross human rights violations of East Timor
incidents in 1999 had been submitted to the Attorney General in 2001/2000. The case had
been investigated and determined 18 defendants. They had been put into trial. In 2006, the
judicial process of the case had been completed in the cassation level. The decision on the
cessation level freed almost all of the defendant. Only one of the defendend, who is a
member of militian/Eurico Guterres, is found guilty and sentenced 5 years
imprinsonment.4
12.
It should be noted that, although, the report of Komnas HAM concluded that the
act of torture was committed, on the case of Timor Timur, none of the defendant were
accussed of committing and/or responsible for torture.
(2)
The Case of Tanjung Priok
13.
The report of Komnas HAM on Tanjung Priok concluded that torture was comitted
as crimes against humanity. Alledgely torture was perpetrated by the military and the
2
Overall, Komnas HAM has conducted inquiries on seven cases, according to time the inquiry conducted by Komnas
HAM:
(a) The case of Timor Timur 1999. The report of the inquiry was submitted to the Attorney General on 31
January 2000;
(b) The case of Tanjung Priok 1984. The report of the inquiry was submitted to the Attorney General on 7
July 2000;
(c) The Case of Peristiwa Irian/Papua 2000 (widely known as the case of Abepura 2000) Komnas HAM.
The report of the inquiry was submitted to the Attorney General on 17 May 2001;
(d) The Case of May Riot 1998. The report of the inquiry was submitted to the Attorney General on 19
September 2003. The Attorney General has not started to conduct the investigation and prosecution.
(e) The Case of Trisaksi, Semanggi I dan Semanggi II. The report of the inquiry was submitted to the
Attorney General on 29 April 2002. The Attorney General has not yet started to conduct the investigation and
prosecution;
(f) The case of Wasior (Juni 2001-Oktober 2002)-Wamena (2003). Komnas HAM conducted the inquiry in
2003. The result of the inquiry was sent to the Attorney general on 3 September 2004. The Attorney General has not
started to conduct the investigation and prosecution;
(g) The case of Enforced Dissapearances within the period 1997-1998. The result of the inquiry was
submitted to the Attorney General on 3 September 2006. The Attorney General has not started to conduct the
investigation and prosecution.
Komnas HAM is now in the process of conducting an inquiry on the case of Talangsari 1989.
3
See Annex 3
4
Recently, based on the decision of Supreme Court in the review level, Eurico Guterres was also acquitted.