2) Komnas HAM responds to monitoring result of mutilation case trial
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1) Firearms seized in Sarangani bound for West Papua – police
By: Allen V. Estabillo - @inquirerdotnet Inquirer Mindanao / 01:35 AM January 22, 2023
GENERAL SANTOS CITY, South Cotabato, Philippines — A cache of firearms seized on Jan. 7 from an Indonesian and two Filipinos in Kiamba town in Sarangani province was bound for West Papua to beef up the firepower of secessionist rebels there, according to a report from the Soccsksargen Police Regional Office.
Soccsksargen refers to Region 12. It’s is composed of an acronym that stands for the region’s four provinces and one highly urbanized city — South Cotabato, Cotabato, Sultan Kudarat, Sarangani, and General Santos.
The 29-year-old Indonesian suspect — Anton Gobay — “was able to get support— from a faction under the Jihada Minsupala Command of the Moro National Liberation Front (MNLF) in Mindanao, Col. Leo Sua, commander of the Regional Mobile Force Battalion 12, said in a report released last Monday.
But Sua did not cite the group’s role in the Indonesian’s acquisition of the firearms.
The firearms caches consisted of 10 Colt AR-15 rifles, 20 magazines, and 10 detachable rifle butts.
The Filipino suspects were identified as Michael Tino, 25, of Barangay Malalag, Maitum town in Sarangani, and Jimmy Abolde, 53, of Zoneza Saway, Barangay Labangal here in General Santos City.
They were caught in possession of the firearms stashed inside trolley bags aboard a tricycle passing through a checkpoint in Barangay Nalus, Kiamba.
Upon questioning, the foreigner introduced himself as an Indonesian based on the identification card. But he failed to present his passport.
Sua said Gobay reportedly gained entry into the Philippines from West Papua province in Indonesia via Jakarta and then to Manila.
“Accordingly, the firearms will be used for the defense force of their military forces in [West Papua],” he said.
The conflict has been reported to have worsened in the past several years in West Papua due to a long-drawn separatist rebellion.
The West Papua National Liberation Army, labeled by Indonesia as a terrorist and armed criminal group, is the armed wing of the Free Papua Movement, which had long been seeking independence from Indonesia.
Sua said a complaint for violations of the Comprehensive Law on Firearms and Ammunition had already been filed against the suspects before the Sarangani Prosecutor’s Office.
He said they have stepped up their “24/7 synchronized checkpoint operations” and police visibility operations in parts of the region through their maneuver companies and platoons.
“Our unit will not allow anyone to just freely transport their firearms, especially if undocumented and illegal even though they are foreign nationals. Everyone should follow the laws and regulations of our country,” Sua said.
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2) Komnas HAM responds to monitoring result of mutilation case trial
5 hours ago
Jakarta (ANTARA) - The National Commission on Human Rights (Komnas HAM) responded to initial findings from the Jayapura III/19 Military Court trial on the murder and mutilation of four people that involved Mimika District's military staff.
"Komnas HAM takes the following response: Komnas HAM urges for the trials to be done independently and impartially, in accordance with the principle of a fair trial as per the Human Rights Law and the Covenant on civil and political rights," Chairperson of Komnas HAM Atnike Nova Sigiro noted in a statement received here on Saturday.
They also urged the National Defense Force Commander to supervise the judicial and law enforcement process and for the Supreme Court to supervise the judiciary apparatus that tries military and civilian defendants to ensure that the results were accountable and also effective and efficient.
They also requested for the Witness and Victim Protection Agency (LPSK) to protect the families of the victims and aid in their recovery.
"The victims' families said that they needed guarantees of protection and (help in the process of) recovery from the LPSK during the trial process of this case," she concluded.
The agency appealed to everyone to support the process of the trial, so it would run well.
"Komnas HAM RI would like to thank all parties, who have provided the information and information needed in this monitoring process," he affirmed.
On November 2, 2022, the commission concluded its final monitoring and investigation report on the murder and mutilation of four people in which military personnel in Mimika District had been involved. They also issued recommendations regarding follow-up actions to the National Defense Force.
As an effort to follow up on recommendations pertaining to law enforcement, they monitor the trial process, as it is their responsibility to ensure that the entire trial process runs accordingly and can proffer a sense of justice, especially to the victims' families.
The commission, through its Papua Provincial Representative Office, pursues monitoring for the trial processes that were held on three separate occasions at PM III-19 Jayapura on January 10, 19, and 20, 2023.
According to their fact findings and analysis, people and the victims' families could witness the trial, with the police and national defense force giving security. However, the trial process did not run effectively due to the lack of preparation on the part of the court apparatus.
Some of the trial proceedings that needed internet network, such as for witnesses, defendants, and evidence examinations, did not go accordingly due to network issues.
The courtroom is not spacious enough to accommodate the number of people keen to participate in the trial process.
The judicial process ignores accessibility for families to participate in all stages of the trial. She noted that the separate judicial process was inefficient in terms of the time and costs, particularly for families that were examined as witnesses.
The process of criminal accountability was not optimal, as the military and civilian defendants were tried separately. The witness of civilian perpetrators could not take part firsthand in the trial of the accused military personnel.
In addition, civilian suspects had yet to undergo trial through the general court, and the latest information on case files is still with the Timika District Attorney.
The victim's family was not satisfied with the indictment of the Makassar High Military Authority against the defendant, Major Helmanto Francis Daki, for placing Article 480 of the Criminal Code as the primary indictment, Article 365 of the Criminal Code as the first subsidiary indictment, while Article 340 of the Criminal Code as the first indictment is more subsidiary.
This could mean very light sanctions for perpetrators, thereby increasing the risk of similar cases recurring.
The victim's family and lawyers felt that the trial process seemed too rushed, even though sufficient time must be allotted in order to examine all facts in detail.
Related news: Military police detains six suspects in Mimika murder case
Related news: Papua violence: Bodies of 8 workers taken to Mimika hospital
Related news: Komnas HAM backs quick passage of domestic workers' bill
"Komnas HAM takes the following response: Komnas HAM urges for the trials to be done independently and impartially, in accordance with the principle of a fair trial as per the Human Rights Law and the Covenant on civil and political rights," Chairperson of Komnas HAM Atnike Nova Sigiro noted in a statement received here on Saturday.
They also urged the National Defense Force Commander to supervise the judicial and law enforcement process and for the Supreme Court to supervise the judiciary apparatus that tries military and civilian defendants to ensure that the results were accountable and also effective and efficient.
They also requested for the Witness and Victim Protection Agency (LPSK) to protect the families of the victims and aid in their recovery.
"The victims' families said that they needed guarantees of protection and (help in the process of) recovery from the LPSK during the trial process of this case," she concluded.
The agency appealed to everyone to support the process of the trial, so it would run well.
"Komnas HAM RI would like to thank all parties, who have provided the information and information needed in this monitoring process," he affirmed.
On November 2, 2022, the commission concluded its final monitoring and investigation report on the murder and mutilation of four people in which military personnel in Mimika District had been involved. They also issued recommendations regarding follow-up actions to the National Defense Force.
As an effort to follow up on recommendations pertaining to law enforcement, they monitor the trial process, as it is their responsibility to ensure that the entire trial process runs accordingly and can proffer a sense of justice, especially to the victims' families.
The commission, through its Papua Provincial Representative Office, pursues monitoring for the trial processes that were held on three separate occasions at PM III-19 Jayapura on January 10, 19, and 20, 2023.
According to their fact findings and analysis, people and the victims' families could witness the trial, with the police and national defense force giving security. However, the trial process did not run effectively due to the lack of preparation on the part of the court apparatus.
Some of the trial proceedings that needed internet network, such as for witnesses, defendants, and evidence examinations, did not go accordingly due to network issues.
The courtroom is not spacious enough to accommodate the number of people keen to participate in the trial process.
The judicial process ignores accessibility for families to participate in all stages of the trial. She noted that the separate judicial process was inefficient in terms of the time and costs, particularly for families that were examined as witnesses.
The process of criminal accountability was not optimal, as the military and civilian defendants were tried separately. The witness of civilian perpetrators could not take part firsthand in the trial of the accused military personnel.
In addition, civilian suspects had yet to undergo trial through the general court, and the latest information on case files is still with the Timika District Attorney.
The victim's family was not satisfied with the indictment of the Makassar High Military Authority against the defendant, Major Helmanto Francis Daki, for placing Article 480 of the Criminal Code as the primary indictment, Article 365 of the Criminal Code as the first subsidiary indictment, while Article 340 of the Criminal Code as the first indictment is more subsidiary.
This could mean very light sanctions for perpetrators, thereby increasing the risk of similar cases recurring.
The victim's family and lawyers felt that the trial process seemed too rushed, even though sufficient time must be allotted in order to examine all facts in detail.
Related news: Military police detains six suspects in Mimika murder case
Related news: Papua violence: Bodies of 8 workers taken to Mimika hospital
Related news: Komnas HAM backs quick passage of domestic workers' bill
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