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| Map Enarotali, where a shooting incident dated December 8, 2014 (IST) |
Jayapura, - National Commission on Human Rights (Komnas HAM) Republic of Indonesia released the results of a preliminary investigation of the shooting incident in Paniai on 22 December in Jakarta. Release Commission revealed several allegations that must be followed to prove these allegations.
Some of the alleged victims of one of them is getting a shot from the direction of the airport, where there are units that maintain Paskhas Enarotali airport area. This suspicion is reinforced by the results of the post mortem Paniai Hospital doctor stating that Yulian Yeimo get a gunshot wound in the abdomen translucent ass, it indicates that the direction of the shot vertically not horizontally.
In addition, the Commission has made a tentative conclusion, among others, the violence that occurred on 7-8 December 2014 in Paniai originated from alleged arrogance Timsus 753 individual members who did the beating of children who are in the post Christmas at Mount Togokotu. Then, in the violence in the Field Karel Gobay, Paniai, there is sufficient evidence in the discovery of the use of live ammunition mass pengahalauan. The Commission also did not find sufficient evidence related to threatening situations by the community as a basis for the use of excessive force committed by police and military personnel. (Victor Mambor)
Here is the release of the National Human Rights Commission released on December 22, 2014 in Jakarta.
PRESS STATEMENT NATIONAL HUMAN RIGHTS COMMISSION (Komnas HAM) RESULTS OF THE INVESTIGATION OF EVENTS WHILE VIOLENCE IN EASTERN DISTRICT Paniai, . Paniai, PAPUA IN DECEMBER 7-8, 2014
A. Background
National Human Rights Commission has received complaints from Paniai Students Association Java that are essentially asking the Commission to conduct an investigation into the shooting incident at the district. Paniai Prov. Papua, which resulted in 5 (five) people died and several others were injured by gunshot and persecution. In addition to the complaint, the Commission also obtain information through the mass media about the incident.
Follow-up on complaints and information media, the Commission lowered investigation team to the scene in the district. Paniai Prov. Papua on 12- December 15, 2014. The investigation team has conducted if the crime scene, asking the public witness testimony, witnesses are still being treated in hospitals Paniai, and inquire the police in this case Polres Paniai. Further investigation team then ask for information from the Papua Police on December 17, 2014.
B. Chronology of Events
The incident began on December 7, 2014 approximately 20:00 CEST, at which time a person uses a motor vehicle passes christmas cottage located at KM 4 Way shaft Madi-Enarotali, Paniai District East District.
Paniai, youth who are in the Christmas cottage chides him for not using the vehicle lights, so it can be harmful. Not accepted by the warning, the vehicle user then angry and threatened to come back again. Not long after, the user vehicle was returned to the cottage Christmas with his 6-8 people. They did the persecution of some young men who were there, which of them named Julian Yeimo.
Based on the post mortem carried out by hospital doctors, Julian Yeimo injured swelling on the back of the right ear, left ear, the thumb wound in the left leg due to a long-barreled rifle butt blows.
In the early hours of December 8, 2014 at 02.00 CET, a fire station in the village of Madi Commission Paniai, Paniai District East District. Paniai, which resulted in the Commission Office burned. This incident is still needed further survey of whether related to youth maltreatment events or not.
The aftermath of the beating of young people do not known, the mass cross-Enarotali Madi main road right in front of the cottage KM4 christmas at 07:40. Cross made for people who prosecute persecution that occurred on Sunday, December 7, 2014 night to be presented.
When societies are bars, comes a vehicle driven by military Danki 753, at that moment the sound of gunfire. In addition, the vehicle belongs Kabagops Paniai Police also marred by people who crossbar. Wakapolres Paniai (Commissioner Hanafi) and Vice Regent Paniai to negotiate with the community to open the barrier and the problem will be discussed with the commander, eventually the people running from the location bar to the Enarotali while dancing and waita, community gathering center is at Karel Field Gobay, Enarotali.
On the way to Gobay Karel Square, past the community of East Paniai police station, at the time it still has not happened in the destruction of the office and all the police forces or the police station no one is allowed to get out of the headquarters. Police members only guard in the courtyard of the police station headquarters.
Society then proceed to the field Karel Gobay, which passes through the East Paniai District Office and the Office of the Koramil. At that time people began to commit vandalism against koramil office while continuing to dance and waita. Not long ago heard a barrage of shots, the shots are not known from which direction. Community several times heard the gunfire.
As a result of the fire, the people who are in the field Karel Gobay ran evade and scattered, one of them in the direction of the market. At that time the people who are on the road next to the police station began destroying the glass throwing stones. Pollsek members manning issued a warning shot to the top to stop the destruction of action. Some shots of the power cord and billboards installed.
After the sound of gunfire stopped, the new note there are some people who suffered gunshot wounds and was also found people who died because of a shot.
C. Victims
Most of the victims of torture and gunshot wounds are still in the age of the child, with the following details:
1. Victims of Persecution in front of the post Christmas On December 7, 2014 (the first scene)
Mia Gobay, 13 years; Elikian Pigai, 12 years; Elijah Gobay, 10 years; Aten Gobay, 12 years; Diston Yeimo, 12 years; Ferry Gobay, 8 years; Benjamin Giay, 9 years; Anikan Pihai, 13 years; Abimelech Pigai, 14 years; Otovince Pihai, 12 years; Yulian Yeimo, 16 years old
2. Victims of gunshot wounds in the field Karel Gobay on December 8, 2014 (TKP II).
a. Victim Dies
Alpius Youw, Male, 16 Years (Luka Shoot); Alpius Gobay, Male, 17 Years, (wound Shoot); Simon Degey, Male, 17 years old, (gunshot); Yulian Yeimo, Male, 16 Years (gunshot wound in the abdomen translucent ass)
The victim died early. Alpius Youw and Alpius Gobay found to be on the sidelines Karel Gobay in a position opposite to each other and not in accordance with the direction of the shot, it was found after reconstruction in the field. Police investigation team found a lot of blood spots in the middle of the field Karel Gobay, this raises the question whose blood spots. Investigators suspect that the victim was shot while in the middle of the field, then by the community moved to the sidelines. But allegations of investigators still have strengthened it by witnesses who saw the events on December 8, 2014, this is a barrier atu salahs of investigators because people still are not willing to testify. While the victim's death. Simon degey and Yulian Yeimo plantations are found to be located between the field Karel Gobay and Eranotali Airport Runway.
The question that arises from the discovery of the victim's location is what they're doing, because the location is far from the location of the mass gathering. In addition, how they were shot also be other questions, because the distance between the discovery of the victim with the police station and Koramil Enarotali East Paniai very much.
Komnas HAM investigation team suspect that the victim get shots from the direction of the airport, where there are units that maintain Paskhas Enarotali airport area. This suspicion is reinforced by the results of the post mortem Paniai Hospital doctor stating that Yulian Yeimo get a gunshot wound in the abdomen translucent ass, it indicates that the direction of the shot vertically not horizontally.
That all these allegations are still needed further investigation and an autopsy on the victim died, to see the direction of the shot. If not done more in-depth investigation with the requested statements of the action at the scene, it will be extremely difficult to draw conclusions in accordance with the facts that occur in the field.
So is not performed an autopsy on the victim, would greatly hamper the investigation team for arranging the events that occurred on December 8, 2014.
b. Injuries
Andreas Dogopia, Male, 23 Years (abdominal gunshot wounds, lacerations on his left hand); Yulian Mote, 36 Years, Male (lacerations of the head, mouth and nose); Julian Tobay, 40 Years, Male (left thigh penetrating gunshot wound of the left thigh); Yeremias Kayame, 59 Year (wound on his right hand); Jerry Gobay, 13 Years, Male (wound in the right leg); Octavian Gobay, 13 Years, Male (Cut to the right hand); Noak Gobay, 29 years, male (Cut to the right hand); Neles Gobay Naphtali, 45 Years, Male (wound in the left hand); Yeremias Kayame, 59 Years, Male (Luka on the right hand); Italy Edoway, 35 Year, Female (wound in his right hand); Abernadus Bunay, 10 Years, Male (wounded in the right thigh).
To the victims of gunshot injuries that occurred on December 8, 2014, has not been established their position when exposed to fire. This is because the witnesses are still not willing to provide further details, other than that there have been several witnesses who returned to his village. By knowing the position of the witnesses when exposed to fire, will be able to put together how the incident at the time and idea who did the shooting.
Therefore, further investigation is needed to request information from the witnesses and to reconstruct it in the field.
3. Victims of police and military forces
a. Police Members
AKP Peter Gawe Boro (Kapolsek CITY) Bruises on the chest due to stone throwing by the mob; Brigadier Jakson Naidoo, Cut on the chin due to stone throwing by the mob; Paul Stenly Alfons Miriau, blisters on the bottom of the nose due to stone throwing by mobs. TNI members
b. TNI members
Sergeant Djamal, bruise on the elbow due to stone throwing by the mob; Sergeant Gobay, head injuries due to hit by a stone by the mob; Sergeant Sugiantaro, Luka back caused by stoning by the masses; Sergeant Billy, the wounds on the head by a stone throw to the masses; Sergeant Satria, bruises on the chest due to stone throwing by the mob; PFC Ricardo, wound swelling in his left hand as a result of stone throwing by the masses; Sergeant Gede, the wound on his right hand due to stone throwing by mobs.
D. Conclusion While
After carefully reviewing and analyzing all the data, facts, information, and evidence, witness statements, reports, relevant documents, as well as a variety of other information, the team concludes temporary as follows:
1. The Commission has expressed its regrets and deep condolences to the family members who are victims in this incident either died or were injured.
2. The violence that occurred on 7-8 December 2014 in the district. Paniai begins alleged arrogance Timsus 753 individual members who did the beating of children who are in the post Christmas at Mount Togokotu.
3. In the event of violence in Gobay Karel Square, Regency. Paniai, prov. Papua, there is adequate evidence discovery of the use of live ammunition in mass pengahalauan.
4. The police investigation is still getting obstacle in conducting the investigation, either because the victims who died did not do an autopsy so do not know the cause of death and it is unknown whether or not there is still a projectile.
5. Still more research is needed on the projectile fragments taken from victims of gunshot wounds in hospitals Paniai, to determine the type of weapon used to shoot the victim.
6. The absence of sufficient evidence related to threatening situations by the community as a basis for the use of excessive force committed by police and military personnel.
7. The police are still encouraging settlement / law enforcement in the violence that occurred in East Paniai district, Kab. Paniai, to find out who is responsible.
8. When the settlement process has not been done traditionally by the Government District. Paniai and society.
9. In the event of violence in the district. Paniai Prov. Papua sufficient preliminary evidence to suspect violations of human rights as guaranteed in the various laws and regulations relevant in the field of human rights.
10.Forms of action (type of acts) human rights violations that occur in the event of Violence in the district. Paniai Prov.Papua, are as follows:
a. Right to Life.
According to available data, there are at least four (4) people were killed in the incident. Based on this, then there has been a violation of the right to life is a right that can not be reduced under any circumstances (non-derogable rights), as guaranteed in Article 28 A in conjunction with Article 28 I of the 1945 Constitution, Article 4 in conjunction with Article 9 paragraph ( 1) Act No. 39 of 1999 on Human Rights and Article 6 paragraph (1) of Law No. 12 of 2005 on the Ratification of the International Covenant on Civil and Political Rights.
b. Right to Not Getting Treatment Cruel, Inhuman and Degrading Treatment or Punishment.
In the event, based on the description of data, information and facts, there are some findings that indicate the presence of cruel, inhuman and degrading treatment committed by the police.
Based on this, then there has been a violation of human rights in the form of treatment that is cruel, inhuman and degrading as guaranteed in Article 28 G paragraph (2) of the 1945 Constitution in conjunction with Article 16 paragraph (1) of Law No. 5 of 1998 on the Ratification of the Convention Against Torture in conjunction with Article 33 paragraph (1) of the Act
Number 39 Year 1999 on Human Rights in conjunction with Article 7 of Law No. 12 of 2005 on the Ratification of the International Covenant on Civil and Political Rights.
c. Rights of Security.
In general, these events have led to a sense of fear and anxiety experienced by the people, both who are victims or who witnessed the event. Based on this, it has been a violation of the right to security as guaranteed in Article 28 G paragraph (1) of the 1945 Constitution in conjunction with Article 30 of Law No. 39 Year 1999 on Human Rights.
d. Rights of the Child.
In the events in districts. Paniai Prov. Papua, found the involvement of children either directly or indirectly. Based on this, then there has been a violation of children's rights as guaranteed in Article 28 B (2) of the 1945 Constitution, in conjunction with Article 52 paragraph (1) in conjunction with Article 63 of Law No. 39 Year 1999 on Human Rights, in conjunction with Article 4 in conjunction with Article 15 c and d, in conjunction with Article 16 paragraph (1) of Law No. 23 of 2002 on Child Protection, in conjunction with Article 19 paragraph (1) in conjunction with Article 37 paragraph a Presidential Decree No. 36 of 19 990 on the Ratification of the Convention on Children's Rights.
11. The military is still not willing to provide information to the National Human Rights Commission Investigation Team, so that the information obtained regarding the incident is still intact.
12. Team Investigation Commission has mengumpulkn evidence from witnesses and get the video at the time of the events in Tiananmen Karel Gobay, all of these can be used as a basis to form an advanced team.
5. Recommendations While
1. Request to TNI cq cq Army Chief Commander XVII / Cenderawasih to be able to provide information to the National Human Rights Commission Investigation Team.
2. Request to Menkopolkam to immediately form a Joint Fact-Finding Team consisting of elements of military, police, National Human Rights Commission and the Indigenous People of Papua Cq Paniai.
3. Encourages the Commission to coordinate with the Witness and Victim Protection Institute (Agency) to provide protection for witnesses and victims to be reached for comment by the Investigator.
4. Request to all parties not to infer who is responsible for the incident, before the results of the investigation / inquiry conducted.
5. Urge the National Police and Armed Forces to maintain stable security situation ahead of Christmas Day, highlighting ways in which preventive and persuasive.
6. Requests the Government Paniai to help treat the injured until they heal.
Jakarta, December 22, 2014
NATIONAL COMMISSION ON HUMAN RIGHTS
Chairman of the Investigative Team
Dr Maneger Nasution
_________________________________________________
Source .
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