Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) is urging the Attorney General's Office (AGO) investigation team which is to investigate alleged gross human rights violations during the Paniai incident in Papua to question former TNI (Indonesian military) chief Moeldoko.
Kontras Coordinator Fatia Maulidiyanti says that the AGO's investigation team must question the TNI commander, the Indonesian police chief, the Papuan regional police chief and the commander of the Cenderawasih/XVII regional military command (Kodam) at the time who are alleged to have been involved in the Paniai incident on December 7-8, 2014.
This is because Article 42 of Law Number 26/2000 on a Human Rights Court stipulates chain of command responsibility.
"It is reasonable to underline that the Paniai incident occurred during the era of TNI commander Moeldoko. Yet President Jokowi [Joko Widodo] in fact promoted Moeldoko to Presidential Chief of Staff on January 17, 2018", said Maulidiyanti in an official press release on Monday December 6.
Maulidiyanti said that Kontras is highlighting several issues related to the AGO's investigation into alleged gross human rights violations in Paniai.
As has been reported, on December 3 Attorney General ST. Burhanuddin signed AGO Decree Number 267/2021 on the Formation of an Investigation Team on Alleged Gross Human Rights Violations in Paniai, Papua in 2014.
The decree is based on Investigation Order Number Print-79/A/JA/12/2021, The Paniai investigation team will be made up of 22 senior prosecutors and chaired by the deputy attorney general for special crimes.
The team was formed taking note of National Human Rights Commission (Komnas HAM) letter Number 153/PM.03/0.1.0/IX/2021 dated September 27, 2021 in response to the AGO's return of its investigation dossier into alleged gross human rights violations in Paniai.
"Based on the results of Komnas HAM's investigation it was concluded that TNI members during the incident, both from within the command structure of the Cenderawasih/XVII Kodam through to the field command at Enarotali were allegedly responsible [for the incident]", said Maulidiyanti.
Maulidiyanti said that as a result of the actions of the TNI members in the Paniai incident, 11 people were assaulted, four were killed and 10 others injured. The Komnas HAM also noted that during the incident violations occurred against the rights of children, woman and the right to a sense of security and life.
Aside from calling for Moeldoko to be questioned, Kontras is also urging the investigation team to work professionally, transparently and independently, and to hasten the fulfillment of the right to truth, justice and the rehabilitation of the victims of the Paniai incident.
They are also asking the investigation team to involve civil society elements with a proven work record and who are concerned with human rights in order to maintain the team's independence.
"The reason being that that Paniai incident which occurred on December 7-8, 2014 involved many joint TNI and Polri [Indonesian police] personnel", said Maulidiyanti.
Maulidiyanti is also urging the AGO to make regular and transparent reports on the investigation team's activities so their work is transparent and accountable. The team is also being urged to involve the participation of victims in the search for evidence.
In addition to this, Maulidiyanti is urging the AGO not to just investigate the Paniai incident, but also investigate the 2001 Wasior and 2003 Wamena cases and other alleged human rights violations in Papua. Maulidiyanti said that the AGO has more than enough authority to complete any shortcomings in the Komnas HAM's investigation dossiers into these cases.
"There is no reason for the Attorney General's Office to continue returning investigation dossiers to Komnas HAM [on the grounds that they are incomplete]", said Maulidiyanti.
Earlier, Coordinating Minister for Security, Politics and Legal Affairs Mahfud MD stated that the investigation status of the Paniai case had been raised to a criminal investigation. Mahfud also stated that the case will be dealt with in accordance with prevailing laws.
"As has already been announced by the Attorney General, the case of alleged gross human rights violations in Paniai, Papua, which the Komnas HAM handed over to the government, has been raised to the level of a criminal investigation by the Attorney General's Office with the appointment of 22 prosecutors. So this will be processed in accordance with prevailing laws", said Mahfud on the Coordinating Ministry for Security, Politics and Legal Affairs YouTube channel on Sunday December 5.
CNN Indonesia has contacted Moeldoko in relation to Kontras' remarks but as of posting this report has still not received a response. (iam/DAL)
Notes
On December 8, 2014, barely two months after President Widodo was sworn in as president for his first term, five high-school students were killed and 17 others seriously injured when police and military opened fire on a group of protesters and local residents in the town of Enarotali, Paniai regency. Shortly after the incident, while attending Christmas celebrations in Jayapura on December 28, Widodo personally pledged to resolve the case but seven years into his presidency no one has yet been held accountable for the shootings.
[Translated by James Balowski. The original title of the article was "KontraS Desak Moeldoko Diperiksa di Kasus Langgar HAM Berat Papua".]