Vitorio Mantalean, Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) is disappointed with the results of the investigation report compiled by the government sponsored Joint Independent Fact Finding Team (TGIPF) into the Kanjuruhan football stadium tragedy on October 1.
Kontras Legal Division Head Andi Muhammad Rezaldi believes that the TGIPF has not provided any firm conclusions or recommendations in relation to the alleged systematic crimes committed by security forces.
According Kontras, there are a number of facts which suggest the involvement of more senior actors behind the Kanjuruhan tragedy which was triggered by the massive firing of teargas by security forces into the stadium stands.
Because of this, the incident which resulted in the death of at least 133 people should be investigated as a gross human rights violation rather than an ordinary crime.
"This is because based on the existing facts, it is alleged that a systematic attack was carried out by security forces against the civilian population which has the potential to be a crime against humanity as stated under Article 9 of Law Number 26/2000 on Human Rights Courts", explained Rezaldi on Tuesday October 18.
The Kontras also believes that the TGIPF has not been firm in its recommendations for the Polri (Indonesian police) and TNI (Indonesian military) in relation to the tragedy.
"In connection with the Polri for example, it is as if the TGIPF is closing its eyes to the legal responsibility of superior officers in the use of force", he said.
Rezaldi also highlighted the section of the TGIPF report which cited allegations that the teargas was fired without orders. Kontras believes that this does not mean that the commanders are free from liability.
"Yet, in the context of the doctrine of command responsibility, even though the use of force may not be based on an order by a superior, the commander or leadership of a unit is still liable in legal terms", said Rezaldi.
Moreover, the TGIPF also discovered efforts by police to delete CCTV recordings which can be alleged to be an attempt at obstruction of justice.
The National Human Rights Commission (Komnas HAM) meanwhile has so far yet to conclude that the Kanjuruhan tragedy was a gross human rights violations.
"There are indications of a human rights violation", said Komnas HAM commissioner for investigation and monitoring, Choirul Anam, when asked whether or not there were indications of a gross human rights violation on October 12.
[Translated by James Balowski. The original title of the article was "Kontras Sayangkan TGIPF Tak Usut Tragedi Kanjuruhan sebagai Pelanggaran HAM Berat".]
