Komnas HAM Concluds 3 Human Rights Violations In The Vina Cirebon Case

Illustration of Komnas HAM. (Between)

JAKARTA - The National Human Rights Commission (Komnas HAM) has completed monitoring of the deaths of Vina and Eki in Cirebon, West Java.

Coordinator of Human Rights Enforcement Sub-Commission Uli Parulian Sihombing said his party had produced three conclusions and a number of recommendation points for four ministries/agencies.

"Monitoring has been carried out by asking for statements from witnesses, attorneys from the defendants, digital forensic experts, forensic experts, forensic doctors, convicts at detention centers/prisoners in Bandung, investigators at the Cirebon Police and West Java Police, and conducting field reviews in Bandung and Cirebon," he said in a statement, Monday, October 14, confiscated by Antara.

From the results of monitoring, based on Law Number 39 of 1999 concerning Human Rights, Komnas HAM concluded that there were three types of human rights violations in this case. First, violations of the right to legal aid.

According to Komnas HAM, based on information from the convicts and their attorneys, the defendants were not accompanied by advocates at the level of investigation and investigation examination at the Cirebon Police at the end of August 'October 2016.

"The essence of the right to legal assistance is also confirmed based on the Decision of the West Java Regional Police Bidpropam Ethics Session and the Cirebon Police's Sie Propam around March 2017," added Uli.

Second, violations of the right to be free from torture. Komnas HAM received recognition from the convicts that they experienced torture or other treatment during detention and arrest at the Cirebon Police.

"This was confirmed based on the Decision of the Ethics Session of the West Java Regional Police Bidpropam, Sie Propam, Cirebon Police in around March 2017," said Uli explaining.

In addition, Komnas HAM said that the photo circulating on social media in early 2016 showed that the condition of the defendants had been confirmed authenticity by digital forensic experts.

Third, the violation of the defendant's rights is free from arbitrary arrests. According to Komnas HAM, the defendants did not receive an arrest warrant and notification to the family during the arrest process by the Cirebon Police Narcotics Unit at the end of August 2016.

"The defendants were arrested not in the context of being caught red-handed. The family of the defendant did not know about the arrest of the defendant," said Uli.

On that basis, Komnas HAM recommended a number of points to the Head of the Indonesian National Police (Kapolri), the Witness and Victim Protection Agency (LPSK), the National Police Commission (Kompolnas), and the Regional Office of the Ministry of Law and Human Rights West Java.

To the National Police Chief, Komnas HAM recommended evaluating and examining the ranks of the West Java Regional Police and Cirebon Police regarding the alleged process of arresting the convicts of the deaths of Vina and Eki who did not comply with the procedure.

In addition, Komnas also recommended that the National Police Chief evaluate and examine the ranks of the West Java Regional Police and Cirebon Police regarding allegations of torture and violence that resulted in injuries to the convicts.

Then, Komnas HAM recommended the National Police Chief to ensure the fulfillment of the rights of the convicts to receive legal assistance and assistance, as well as guarantees of access to meet their families and attorneys.

It was also recommended to the National Police Chief to ensure the fulfillment of the rights of the convicts free from all acts of torture, punishment for cruel, inhumane treatment, degrading the dignity and dignity of humanity.

Finally, Komnas HAM recommended the National Police Chief to ensure the protection and fulfillment of the right to justice and legal certainty against the families of Vina and Eki in legal proceedings.

Furthermore, Komnas HAM recommends LPSK to ensure the fulfillment of the rights to protect witnesses, victims, and provide trauma healing services to victims' families and witnesses, as well as provide security protection.

"Ensure the fulfillment of the rights to a sense of security for witnesses and other parties related to this incident," Uli continued regarding recommendations to LPSK.

Meanwhile, Komnas HAM recommends Kompolnas to supervise and evaluate the entire legal process related to this case, both those that have been running in 2016 and those that are currently still ongoing.

On the other hand, to the West Java Regional Office of the Ministry of Law and Human Rights, Komnas HAM recommends ensuring the fulfillment of the rights of the convicts to receive legal assistance, as well as guaranteeing access to meet with their families and legal counsel.

"Ensuring the fulfillment of the rights of the convicts to be free from all acts of torture, punishment for cruel, inhumane, degrading the dignity and dignity of their humanity while serving their detention," concluded Uli regarding the recommendations of the West Java Regional Office of the Ministry of Law and Human Rights.