-8-
physical liberty, torture, ill-treatment and enforced disappearance of civilians. Moreover,
the actions were part of direct attack on civilians, which was series of actions taken against
civilians in follow up to policy of an authority. Since the actions were also widespread and
systematic in nature, the forms of the actions could be categorized as crimes against
humanity.10 The report stated that the crimes against humanity was alledgly perpetrated by
the military.
23.
The number of the victim of the act of torture were 13 activists. The torture took
place in Cijantung, Jakarta. Based on the inquiry, The method of torture took several forms,
as follows: 11
(a)
Inflicting of severe pain or suffering :
(i)
Inflicting of physical pain or suffering by act of physical violence:
beating and falanga (hung up side down);
(ii)
Inflicting of physical pain or suffering using special
devices/instruments and/or substances which is using electric shiocks ;
(iii) Inflicting of physical pain or suffering using water: soaking of cold
water/dirty water over the victim ;
(iv)
Inflicting physical pain or suffering by forcing to take up painful
position: keeping victim tightly tied up and forcing the victim to sleep over
a block of ice.
(b)
Inflicting of mental pain or suffering :
(i)
Intimidation and threats causing fear using guns;
(ii)
Blindfolding
24.
Komnas HAM completed the inquiry and, based on the Law 26/2000, submitted
the report of the inquiry to the Attorney General on 3 September 2006. The Attorney
10
In the enforced disappearance incidents in 1997-1998, at least 13 persons were reported as victims of
enforced disappearance whose whereabouts are unknown pending the end of the working period of the Ad
Hoc Team. They are: Yani Afrie, Sony, Herman Hendrawan, Dedi Hamdun, Noval Alkatiri, Ismail, Suyat,
Petrus Bima Anugerah, Wiji Thukul, Ucok Munandar Siahaan, Hendra Hambali, Yadin Muhidin and Abdun
Nasser. Ten other pro-democracy activists who were released are Mugiyanto, Aan Rusdianto, Nezar Patria,
Faisol Riza, Raharja Waluyo Jati, Haryanto Taslam, Andi Arief, Pius Lustrilanang, Desmond J. Mahesa, and
“St” (initial).
11
Person(s) responsible for the crimes against humanity as mentioned above are:
(a)
Commander or superior who did not prevent, terminate, or deliver the perpetrators to the authorized
officials for inquiry, investigation and prosecution;
(b)
b. Direct perpetrator(s) who caused the occurrence of the crimes and perpetrators who did the crime
together with other person(s) (joint criminal enterprise).
5. According to the facts mentioned above, victims identified and crossexamination of evidence, the team
concluded that 27 persons are responsible for the criminal acts in the enforced disappearance incidents
in 1997-1998, namely:
(a) 11 persons allegedly conducted the acts of crimes against humanity directly;
(b) 10 persons alleged of command responsibility.
(c) 6 persons alleged of joint criminal enterprise.