Which State Responsibility For Shooting Case Four Students in Paniai?

             Selonsong bullets obtained residents around the area of ​​the shooting occurred (IST                      

Jayapura, Jubi - Sunday, December 7th, 2014, four students were killed by bullets allegedly fired by security forces in the events at Tiananmen Karel Gobay, Enarotali, Paniai. Until now, the state has yet to take concrete steps to investigate the shooting of four students who the perpetrator is.

The photos attached at the end of this article
Komnas HAM investigation team in its report 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.
National Human Rights Commission has also made a tentative conclusion 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.
(Victor Mambor/ tabloidjubi.com/The Daily Papua)


P. Castro