- 14 -
47.
Pending the end of 2006, the Attorney General as well as the House of
Representatives of the Republic of Indonesia have yet done anything to follow-up the
results of the inquiries conducted by Komnas HAM with regard to Wasior and Wamena
incidents and the Trisakti, Semanggi I and Semanggi II incidents.
48.
Thus, it can be said that Komnas HAM also gained limited support and cooperation
from the government to realize its functions, not merely on the issue of resources but also
on the response of the government to the human rights cases that not been followed up by
some of the government agencies (e.g. The Attorney General, DPR – House of
Representative). In this regard, the discontinue investigation process by the Attorney
General with regard to cases with indication of gross human rights violations although the
inquiry of these cases had been completed by Komnas HAM for a long time should be
mentioned. This discontinue of these cases reflects the resistance to eliminate impunity in
Indonesia.
49.
Open conflict between security officers and demonstrators occurred in a mass
demonstration demanding the closing of P.T. Freeport on 16 March 2006. As the result,
five police and military officers died (four police officers from the Papua Police District
and one military officer from the Air Forces of the Indonesian National Military).
Moreover, four members of the Indonesian Police were heavily injured while 24 others
and four demonstrators were injured. With regard to the incidents, security officers had
arrested several members of the community accused of involvement in the act of violence.
The security officers were also continuing the search for perpetrators to be legally
processed.
50.
As a response to the incidents, Komnas HAM had visited the area on 21-24 March
2006, involving the Representative of Komnas HAM in Papua. In the visit, Komnas HAM
also conduct a meeting with the Papua Police District with the objectives as follows:
(a)
To ensure that the perpetrators will be processed through prevailing legal
system.
(b)
The search of the perpetrators should respect the principles of human rights
since the process could create fear in the community which is a violation to the
right to personal safety.
(c)
The Papua Police District should facilitate the implementation of Komnas
HAM in the monitoring process of the incidents.
51.
Moreover, Komnas HAM monitored the condition of the members of the
community accused of being involved in the Abepura incident. They were detained in
Papua Police District in Jayapura. According to the Papua Police District information, the
Papua Police District has detained 15 accused perpetrators of the Abepura incidents until
22 March 2006. Komnas HAM had emphasized the importance of respecting the human
rights of the detainees to the Papua Police District by avoiding the use of torture on the
detainees. To this request, the Papua Police District had stated that they did not torture any
of the detainees.