Thu, 13 Feb 2003

Widow wants Theys' trial moved to Papua

Nethy Dharma Somba and Kanis Dursin The Jakarta Post Jayapura, Papua

The prosecution of seven members of the Army's Special Forces (Kopassus) does not seem to have helped to heal the wounds inflicted on Mrs. Yanneke Ohee Eluay by the tragic death of her husband, the late Dortheys Hiyo Eluay, on Nov. 11, 2001.

Struggling to hold back tears, mother of three Yanneke told The Jakarta Post that she wanted the case to be taken to an international rights tribunal or at least the trial moved to Jayapura, the provincial capital of Papua.

"I want the trial to be held here so that the (Papuan) people can see for themselves who are the culprits," Yanneke told the Post at her home in Sentani, located at the foot of Cyklop mountain, Papua, on Tuesday.

Seven Kopassus members are currently being prosecuted at a court-martial in Surabaya, East Java, for their role in the murder of independence leader and chairman of Papua Presidium Council (PDP) Theys, who was found dead on Nov. 11, 2001.

He was kidnapped on his way home to Sentani, some 40 kilometers outside the provincial capital, Jayapura, on the evening of Nov. 11 after attending a function hosted by a local unit of the feared Kopassus in Jayapura.

No official explanation was given why the court-martial was held in Surabaya instead of Jayapura. All witnesses and material evidence, including the car Theys used on that fateful night, were still in Papua.

Yanneke, the ninth and only wife Theys married in church, has been summoned twice to testify at the trial but refused to show up for security reasons.

"The Papuan people didn't want me to go (to testify at the court-martial). They told me to take care of my own safety and anticipate any eventuality," said Yanneke, who was accompanied by her lawyer, Latifah Anum Siregar, from the Alliance of Democracy for Papua.

"If the trial were held here I would testify. I would be hurt even more if I had to go to Surabaya and see those who kidnapped and killed my husband. It is better for me not to see them; besides I think the statement I made earlier under oath should be sufficient," said Yanneke, who married Theys in 1987.

Local military prosecutors had vowed to guarantee the safety of Yanneke but she and her lawyer considered that to be insufficient.

"But if they force me to testify, I want my lawyer to come along and the court must pay for our trip and the living costs of my children at home," she said, while stating how much money she would need if she had to go to Surabaya to testify.

"More than that, I want (the Trikora) military commander, Papua Police chief, Jayapura Police chief, governor, mayor and chairman of the Papua legislature to be present when I testify so that they will all know what really happened to my husband and be responsible for my security and safety," she said.

Military prosecutors offered to pay for a plane ticket and food allowance for Yanneke alone during her stay in Surabaya.

She also expressed doubt that the court-martial would unravel the mystery surrounding the killing of her husband. "I have no faith in the trial, it is like a thief prosecuting a thief," she said.

Since the killing of her husband, Yanneke and her children have been forced to depend on the generosity of her relatives and friends of her late husband to get by.

"I have no job and my husband has passed away. We have no pension and have to live on the generosity of people around here; my parents and members of my family sometimes help, sometimes PDP. I have also asked for help from friends of my late husband to help with the schooling of my children," she said.

After the death of her husband, Yanneke changed her strategy in the fight for independence. Last September, she decided to join the National Labor Party headed by Muchtar Pakpahan.

"I hope by joining the party, I can help resolve problems in Papua, and I believe the party will resolve the Papua question," said Yanneke, who claims to be the party's deputy chairman for Papua province.

Muctar Pakpahan, she said, had vowed to declare Papua independent if he were elected president.

"Of course, we Papuans will nominate Pak Muchtar as president; he has already told me that he would separate Papua from Indonesia if he became president," she said, without elaborating.

Indonesia is due to hold general and presidential elections in 2004.

Yanneke acknowledged that the National Labor Party was too small to win next year's presidential race "but it has links with international trade unions".

"Recently, we held a meeting to discuss various issues, including my husband's case, and Muchtar took the cases immediately to the UN. So, from that point of view, I decided to join the party," she said.

Yanneke also believed that sooner or later Papua would become independent. "Deep in my heart I still believe Papua will definitely become independent," Yanneke said.