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[ dilihat 128 kali ]

15 Years of The Case of Simpang KKA 3 Mei 1999
Implement the Qanun of Truth and Reconciliation Commission [TRC] for Aceh and Pro-Justicia Investigation

The Commission for Disappeared and Victims of Violence [KontraS] express its concern  regarding the slow action of the Government of Indonesia, in resolving the case of human rights violations in Simpang KKA of Aceh Province of Indonesia, which occurred in North Aceh on 3 May 1999. This condition affects the absence of fulfillment of the rights of victims and families, to access justice, truth, and remedy.

Fifteen years of the case of Simpang KKA, the government has yet responsible for human rights violations that occurred in KKA, namely extra judicial killing, torture and other cruel and, inhuman or degrading treatment or punishment, and enforced disappearances. We note that in this case, thirty nine [39] civilians were killed [including a 7-year-old child], 156 civilians suffered gunshot wounds, and about 10 civilians were missing.

The chronology of the case started with the issue of the loss of the Missile of Indonesian Military [TNI] 001/Liliwangsa Detachment on 30 April 1999, subsequently the military forces conducted a sweeping to houses of local residents by force [beating, kicking, threating, intimidating, and arresting of three civilians], due to the military sweeping, the residents protest by conducting demonstration to local Military Sub-district Command’s Office. Shortly thereafter, the military responded with repressive approach, and as a result occurred a human right volation as mentioned above.

Fifteen years after the case, National Commission on Human Rights, on 8 November 2013 established an Ad-Hoc team to conduct Pro-Justicia investigation, the investigation focused on five cases of human rights violations in Aceh, one of them is the case of Simpang KKA. Previously, the report of the Independent Commission on the Investigation of Violence in Aceh [KIPTKA between 1999 and 2000], which was formed during the reign of former president BJ Habibie, and to be continued by the next President Abdurrahman Wahid, the Commission provides a comprehensive overview that there was involvement of the state actors in the conflict. The report recommends to immediately reforming the security forces which involved in the case.

However, we stress that the investigation processes, should be in line with the implementation of the Qanun of TRC for Aceh, which was passed by the Aceh Local Parliament, on December 27, 2013. The implementation of the Qanun should become a priority of the Government of Aceh; and in this case the government at the national level [the President; Ministry of Internal Affairs, Ministry of Law and Human Rights, and National Commission on Human Rights], obligate to support the implementation of the Qanun, since the completion of past human rights abuses, as it has been mandated by the Constitution and the People Consultative Assembly [MPR] Decree No.V/MPR/2000 on Strengthening National Unity and Integrity.

Therefore, we call for the upcoming presidential election; the candidates should have a clean and clear track record of gross human rights violations, and has a mission and vision to comprehensively resolve past human right abuses, not only the case which occurred in Aceh, as well as for past human right abuses in Indonesia. Nevertheless, the government seems to facilitate those who are responsible for gross human rights violations, running for the next election of presidential candidates.

Based upon above-mentioned points and argumentations, we demand:

  1. The Chairperson of the Aceh Local Parliament should immediately implement the TRC, by hasten the selection of the proper commissioners of the TRC.
  2. The Ad hoc Investigation Team for 5 Cases in Aceh, must be working professionally and accountable, particularly accountable to victims and follow up the results of the investigation.
  3. Executive and legislative at the national level [President and Indonesian Parliament] must provide a full support to the implementation of the Qanun of the TRC for Aceh.
  4. We strongly recommend specifically to the Acehnese, and generally to the Indonesians, to vote in the upcoming presidential election, only the candidate who have the mission for the completion of state-crimes and do not have a track record committed gross human rights violations.

 

Jakarta, May 3 2014

The Commission for Disappeared and Victims of Violence [KontraS] 
Yati Andriyani, SHI, Deputy Coordinator of Advocacy
Mohammed Daud Berueh, SH., Head Division of Monitoring Impunity
Bustami Arifin, SH., Staff of Bureau of Monitoring and Documentation