Report on 1965 Tragedy Judicial Inquiry by National Commission of Human Rights:
New Momentum to Redress the Wrongdoing of the New Order
Report of judicial inquiry by National Commission of Human Rights on the series of mass violence during the early reign of Soeharto's New Order government, 1965-1967 up to 1970s has opened up a new momentum to promote the accountability for past human rights violation and therefore deserves the appreciation and support public. In its report, the Commission has found any indication of the alleged human rights violations, of killings, torture, enforced disappearances, forced labor, rape, imprisonment without due process of law and various other measures.
We assume that the National Human Rights Commission inquiry report has opened the door for a variety of measures to revealed the truth, provide legal certainty and justice for the victims and bring a change in the alignment of history through the recognition of the various practices of violence in the past, especially in our politics of the New Order regime. This is an important step, by given the condition of the victim of growing concern, due to old, sick and poor. In fact, based on the information from the region in recent months, there are at least four victims who died a month. Until now, victims still has been received discrimination laws or social stigma. This indicates that until the final seconds of the release of this report, the victims still continue to get impact of the continuing as a result of incidents occurring in the past..
Furthermore, the results of this Commission become a follow-up to respect on the victims dignity, which could contribute to negate the incredible public deception, particularly through the education space to the Indonesian society.
The results of this inquiry for four years, as mandated by Law no. 26 of 2000 on Human Rights Court, should be followed up by the Attorney General for further investigation. Other recommendation made by the National Human Rights Commission is a non-judicial mechanism such as Truth and Reconciliation Commission. This is in accordance with the verdict of the Constitutional Court which recommended the government to take the policy in settle of past human rights violations. Both of the above recommendations should be read as two complementary: the Attorney General should follow up findings of fact of the Commission and to complete the investigation and prosecution of cases with sufficient evidence to prosecute the perpetrators.
The second recommendation is the task of President and / or the House to immediately formulate a policy of non-judicial. The non judicial policy can emphasize the atrocities that did occur but it would be difficult on legal procedures related to the completeness of the examination of evidence, either because the actors most had died or because the physical evidence the prosecution to complete the process difficult to fulfill in their entirety. The fulfillment of the rights of victims to find out why they become victims, and recognition of their existence as a victim should be the main focus, so it can then take recovery steps for the provision of rehabilitation of social security, health, and the return of seized property forced in the past.
Therefore, we recommend:
1. President with the House of Representative should immediately issued a decree forming Ad Hoc court that the Attorney General can investigate the recommendation from National Commission of Human Rights without delay
2. Attorney-General should immediately follow up the further investigation by call witnesses, and suspects who are still alive
3. The House of Representative should conduct effective oversight to the Attorney General and the Government to ensure the implementation of the NHRI's recommendations.
4. President should immediately take the necessary steps to develop policies for the recovery of the immediate victims, both associated with the reparation, rehabilitation and cessation of discrimination against victims
5. NHRI to submit the report also directly to the President and the Parliament, given the nature and special character of the massacre would be covered in the investigation of 1965-1967.
6. Witness and Victims Protection Agency to maximize the support of fulfillment the rights of victim by referring to the NHRI's report.
Jakarta, 25 Juli 2012
Komisi untuk Orang Hilang dan Korban Tindak Kekerasan (KontraS)
Asia Justice and Rights (AJAR)
Lembaga Studi and Advokasi HAM Masyarakat (Elsam)
Ikatan Keluarga Orang Hilang Indonesia (IKOHI)
Lembaga Bantuan Hukum Jakarta (LBH Jakarta)
Korban dan Keluarga Korban Peristiwa 1965-1966