TP3 & UI WATCH Press Release: Submission of Report on Unlawful Killing of Six HRS’ Guards At KM 50 Cikampek Tol Road to The UN Resident Coordinator Office in Jakarta

Selasa, 15 November 2022

Faktakini.info

*TP3 & UI WATCH*

*Press Release*

Jakarta, 15 November 2022

*Submission of Report on Unlawful Killing of Six HRS’ Guards At KM 50 Cikampek Tol Road to The UN Resident Coordinator Office in Jakarta*

Today, representatives from TP3 and UI Watch had submitted Report on unlawful killing of six (6) guards of Habib Rizieq Shihab (HRS) to UN Resident Coordinator Office in Jakarta. TP3 were concerned with the unlawful killing of Six HRS' Guards on December 7, 2020 by *State apparatus* around Karawang Regency, West Java, and KM50 Jakarta-Cikampek toll road.

TP3 discovered that the killing of Six HRS’ Guards was not an ordinary crime and was not

executed only by the Police, but systematically involved other armed forces and state apparatus.

TP3 had conducted a thorough research and presented in a form of a White Book which was also submitted to UN Resident Coordinator Office.

TP3 concluded that the crime is not an ordinary crime but qualify as a crime against humanity which must be prosecuted based on Law No.26 of 2000.

Our research indicates that the killing was a crime by the state, not just by the Police. It was a systematic attack directed against the Six HRS’ Guards who were just civilian citizens. They were brutally attacked to be killed, priorly tortured before they were murdered. The killing of the Six HRS' Guards violates the provisions of the Vienna Convention 1993 and Rome Statute 1998.

Accordingly, the circumstances of the execution shall be considered an act of torture under the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment 1984. *This is an act by the State not just by individuals.*

The State was trying to impressed the public when the National Human Rights Commission (Komnas HAM) involved in the matter. Instead of conducting a mandatory investigation, Komnas HAM only produces what is known to be *monitoring report*.

According to Komnas’ Report (January 2021) the State admitted that the killing on December 7, 2020 to four of the victims was an unlawful killing but they also assert that the other two victims was killed in a self-defense. This prove there is a systematic intention to deceive the public and to cover up the State involvement in the killing.

This cover up continue when the State prosecuted and indicted the Police Officers, Yusmin Ohorella, and Fikri Ramadhan to be criminally responsible for the killing. These two were a member of the Police force who were allegedly the actually unlawful killer. They both were trialed at the South Jakarta District Court Friday (18/3/2022). However, the South Jakarta District Court Judges acquitted the two police officers.

The trial is a comedy. Because all of the victims have died, they cannot be asked for a statement

from the shooting incident at the trial. Witnesses from the HRS’ Guards were never asked to testify. The information heard in Court is from the police and state officials alone. But, it is not from the victims or HRS’ Guards. Therefore, this is not a court of justice but a court of comedy.

To date, the State Republic of Indonesia has not publicly recognized its responsibility for killing of the Six HRS Guards. Moreover, it has failed to offer an apology or condolences to their family for their death and how they were killed.

This indicates that the State is unwilling to prosecute and the trial was just a joke. Hence, the State still owe justice to the victims and must a conduct a real investigation based on Law no 26/2000.

*Recommendation*

1. The state must conduct an objective and just investigation into the killing of the Six HRS’ Guards to build substantial files on each of the alleged perpetrators and identify mechanisms for formal accountability, such as Indonesian Human Rights Courts, an ad hoc or hybrid tribunal.

2. The state must recognize the rights of victims and their families, including conveying an apology, securing the rehabilitation of the murdered victims, and providing restitution for the family of victims.

3. In addition, the state must conduct a just and fair trial through an independent and accountable court and prevent the impunity of the offenders.

*TP3 & UI

Watch:*

Marwan Batubara, HP Coordinator.