-7- 11. Regarding the use of force during protest and on 24 December 2011 in Sape, Bima, West Nusa Tenggara, Komnas HAM may recall that the incident caused the death of 3 people, while many people injured including children. The investigation conducted by Komnas HAM gave result that the police was not following their procedure in dealing with the protesters. It is appreciated that the license of PT Sumber Mineral Nusantara was finally revoked by local administration. While measures of investigation and prosecution have been taken, Komnas HAM notes that the incident could have been prevented if the police took measures of coordination and communication with local administration and community figures to prevent the incident as recommended by Komnas HAM on 7 November 2011. 12. As mentioned in the previous submission, the death penalty has not yet been abolished from the Indonesian legal system. Until the end of 2012, Indonesia still has at least 11 legislations which imposes death penalty, among others are the Law on Narcotics, the Law on Psychotropic Substances, the Law on Eradication of Terrorism, and the Law on Criminal Acts of Corruption. In this regard, it should be noted that the Human Rights Committee states:” [w]hile it follows from article 6 (2) to (6) that States parties are not obliged to abolish the death penalty totally they are obliged to limit its use and, in particular, to abolish it for other than the “most serious crimes. Accordingly, they ought to consider reviewing their criminal laws in this light and, in any event, are obliged to restrict the application of the death penalty to the ‘most serious crimes’.. It should noted also that “the Committee is of the opinion that the expression “most serious crimes” must be read restrictively to mean that the death penalty should be a quite exceptional measure” (see HRC General Comment 6, 1982). 13. Komnas HAM conducted a short study on death penalty in Indonesia in 2008. The main finding is that Indonesia is not limiting the use of the death penalty for only the most serious crimes as the Indonesian domestic laws imposes death penalty to the crimes which are not considered as the most serious crimes under international law. In the periode 1997-2008, five new laws impose death penalty, they are : a). The Law Number 5/1997 on Psicotropica ; b). the Law Number 22/1997 on Narcotics ; c). the Law Number 31/1999 on Combating Corruption ; d). the Law Number 26/2000 on Human Rights Court ; e). the Law Number 15/2003 on Combating Terrorism. 14. The study also noted that Indonesia does not have a willingness to establish a moratorium on executions which is confirmed by the recent executions. The first execution in Indonesia since 9 November 20083 was done in March 2013 when Adami Wilson, a 48-year old Malawian national who was convicted for drug trafficking in 2004 was executed by firing squad in Jakarta. Then, in May 2013 Suryadi Swabhuana, Jurit, dan Ibrahim --who were convicted of murder—were executed in Nusakambangan, Central Java by firing squad. 15. The finding of a research on capital punishment of Komnas HAM which was conducted in 2012 shows that there was approximately 116 convicts to death during 2010, and 106 out of 116 convicts to death within 2000 - 2010. Those data indicate that the number of capital sentences increased significantly within the last ten years. The ratification of the ICCPR in 2005 does not significantly change the situation as there are still 42 people 3 Amrozi, Imam Samudra, and Ali Gufron who were convicted for terorrism were executed on 9 November 2008.