-6- 6. In should be noted that The Law No. 26 of 2000 on Human Rights Court contains several weaknesses and deficiency that has deterred the cooperation between Komnas HAM and the State’s institution that then also deterred the judicial process of resolving gross human rights violation. Thus, amendment of this Law is an urgent need. Counter-terrorism measures and respect of Covenant guarantees 7. As mentioned in the previous submission, Komnas HAM pays special attention to the work of the Indonesian National Police in handling the case of terrorism. It should be mentioned that Komnas HAM specifically monitored the work of the police in combating terorrism in the period of 2009-2013 in the province of Aceh, Central Java, Jakarta and North Sumatera, Poso and Palu, Central Sulawesi. Komnas HAM found that several human rights violations allegedly were committed by the police, among others: a). Arbitrary arrest and detention; Killing ; c). unprocedural search and seizure act (not inline to the Criminal Procedures (Kitab Undang-undang Hukum Pidana/KUHAP); d) torture, e. orchestrated legal assistance; f) the act of intelligent causing physical and mental terror to the society; g) violations to the right to worship; h). the right to information of the family on the whereabout of detainees’s. 8. Thus, as mentioned before, Komnas HAM observed that the Police was not using careful procedure which may lead to human rights violations, among others are the violations of liberty and security of persons of the civilian populations who are not involved in terrorism and the uncareful procedure in handling the persons allegedly involved in terrorism. 9. Again, Komnas HAM urges Indonesia to conduct a comprehensive evaluation regarding the work of the Police in handling the case of terrorism in order to be in line with human rights. Komnas HAM is of the view that a comprehensive approach, including a preventive measures and dialogue, should be used in handling and combating terrorism while also look at the possibility to amend the Law on Combating Terrorism. Right to life (art. 6) 10. As mentioned in paragraph 6, Komnas HAM monitored the work of the police on hadling terrorism in the period of 2009-2013. The result of this monitoring works indicates that the personnel of the police allegedly killed the terrorist suspect in the course of apprehending them. It reflect in the recent situation in which within the period of November 2012- Februari 2013 at least 8 people of terrorist suspect were killed in Poso, Central Sulawesi ; Dompu, West Nusa Tenggara and Makasar, South Sulawesi. Recently, on 6 June 2013, a terrorist suspect (Nudin) was killed in Poso, Central Sulawesi. Komnas HAM noted that since the establishment of The National Police's Densus 88 counterterrorism unit, many terrorist suspect were killed in the course in apprehending them. In this regard, Komnas HAM is of the view that in some cases the situation of the apprehension can not be considered dangerous to the life of the police personnel and the civilian.

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