Nduga who later were tried separately at the Jayapura III Military Court and the Timika District Court. 46. Komnas HAM takes note of the just decisions of the Jayapura III Military Court against the accused TNI officers as of: life imprisonment, 20 and 15 years imprisonment. However, it should be noted that this case is still in the appeal process. 47. A case of gross human rights violations on the Paniai case was tried in the Human Rights Court, with the case: 1/Pid.Sus-HAM/2022/PN Makassar. However, the court only charged 1 (one) low-rank military officer as a suspect. Later the suspect was declared not guilty. Currently, the Paniai case is still at the cassation stage at the Supreme Court. 48. Regarding the Wasior and Wamena case, Komnas HAM has complied with the Attorney General's recommendation to separate the case into 2 (two) dossiers due to different tempus and locus. However, the human rights court for the cases has not yet been established. K. Prohibition of torture and other cruel, inhuman, or degrading treatment or punishment and treatment of persons deprived of their liberty 49. Komnas HAM takes a positive note on the inclusion of legal norms that have made torture a form of crime according to the new Criminal Code (Law Number 1 of 2023) with a maximum penalty of 7 (seven) years in prison. 50. Throughout 2020 - 2021, Komnas HAM has handled 100 cases with 46 dying victims as a result of torture, cruel, and degrading treatment by law enforcement officers. The acts of torture included beatings, kicking, electric shocks, urination, forcing to drink urine, denudation, stripping, and dragging using motorized vehicles. Of the 100 cases handled by Komnas HAM, only 22 were processed, either through legal process or by internal police mechanisms, and most of the perpetrators were not punished. 51. The majority of the 100 cases related to torture mentioned above were torture that occurred during the investigation process when law enforcement officers inquired about information. To prevent and reduce the possible use of torture during interviews, Komnas HAM encouraged law enforcement agencies to set up procedures to use cameras in every investigation. 52. Komnas HAM also encourages procedures for investigating any law enforcement officers who commit torture to be carried out by external investigation officers to ensure a fair, transparent, and objective legal process.

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