“Article 18 of Law 26 of 2000 concerning human rights courts, states that inquiries into cases of gross violation of human rights shall be conducted by Komnas HAM. According to Articles 21 and 23 of this law, the investigation and the prosecution of cases of gross violations of human rights shall be undertaken by the Attorney General and heard by a Human Rights Court.
Komnas HAM reports that so far they have conducted inquiries in 12 cases of gross violations of human rights, and submitted the files to the Attorney General. However, efforts to address cases of gross human rights violations have stagnated. According to Komnas HAM’s submission to the United Nations Human Rights Committee, “the lengthy resolution based on Law No. 26 of 2000 has resulted in the lack of guarantee in the fulfilment of justice [and] the death toll is increasing.”
The SCA notes that when an NHRI is provided with a mandate to receive, consider and/or resolve complaints alleging violations of human rights, it should be provided with the necessary functions and powers to adequately fulfil this mandate. The SCA is of the view that the NHRIs are expected to handle complaints fairly, speedily and effectively through processes which are readily accessible to the public.
NHRIs may be empowered to carry out investigations into complaints and refer their findings to an appropriate authority. NHRIs should have the authority to deal with bodies against which complaints are made and may be authorized to seek compliance with its decisions through the judiciary.
The SCA encourages Komnas HAM to advocate for changes to the enabling law to mandate it with explicit power to effectively handle complaints of gross violations of human rights in accordance with the Paris Principles.”