-7- (b) Inflicting of mental pain or suffering which were intimidation and threats causing fear.7 18. The result of Komnas HAM inquiry on gross human rights violation of Abepura incidents in December 2000 had been submitted to the Attorney General in 2001. This case had been investigated, which determined two defendants, Jayapura Police Commander Superintendent, Drs. Daud Sihombing, and Brigadier General Johny Wainal Usman. The two defendants had been tried in human rights courts. Only Daud who was accussed of responsible for torture.8 The Human Rights Court in Makassar had decided to free Daud Sihombing on 8 September 2005 and Jhony Waenal Usman on 9 September 2005. In the trial process one judge, Kabul Supriyadi gave his dissenting opinion on the court decisions. With regard to the court decisions, the Attorney General has requested a cassation to the Supreme Court. The decision was affirmed by the Supremer Court. (4) The Case of Papua (well known as Wasior-Wamena) 19. Komnas HAM conducted the inquiry on this case and concluded that crimes against humanity was committed. Torture as crimes againt humanity was committed and allegedly pepetrated by the police. The number of the victim for the case of Wasior was 39 civilian and 1 dead. The number of the victim for the case of Wamena was 38 civilians. 20. In the case of Wasior, the act of torture took place in the house of the victims, on the way when the victim were brought to Makodim 1702/JWJ and in the detention of Makodim 1702/JWJ.9 21. Komnas HAM had completed the projustitia inquiries of the Wasior 2001-2002 incidents and the Wamena 2003 incidents (both in Papua) in 2004. The result of the inquiry had been submitted to the Attorney General office through a letter No. 290/TUA/IX/2004 dated 3 September 2004. However, the Attorney General had returned the documents through a letter No. R-209/A/F.6/11/2004 dated 30 November 2004, which stated that the result of Komnas HAM inquiry was not complete. In response, Komnas HAM had returned the inquiry findings to the Attorney General through a letter No. 376/TUA/XII/2004 dated 29 December 2004, which firmly stated that according to article 20 paragraph 3 of the Act No. 26/2000, the investigator can only return the inquiry findings to the inquirer when the inquiry findings are insufficient, which defined as “not sufficient to meet the conditions for a gross violation of human rights to be followed up by investigation”. Until the writing of this submission, the Attorney General has not yet started the investigation of this case. (5) The Enforced Dissapearances Incident in 1997-1998 22. This is a case on enforced dissapearances of activists within the period of 19971998. Komnas HAM conducted an inquiry on this case. Komnas HAM found substantial preliminary evidence of the occurrence of gross human rights violation of the enforced disappearance incidents in 1997-1998 in the forms of murder, arbitrary deprivation of 7 See Annex 3 Daud Sihombing was charged of resposible for murder and arbitrary deprivation of liberty, while Jhony Wainal Usman was charged of responsible for murder and persecution. 9 See Annex 3 8