Inquiry body names 6 officers as involved in Theys' murder

Annastashya Emmanuelle and Tiarma Siboro, The Jakarta Post, Jakarta

The government-initiated National Inquiry Commission (KPN) announced on Monday that six military officers from the Tribuana X Task Force of the Trikora Regional Military Command in Irian Jaya were allegedly involved in the murder of Papuan leader Theys Hiyo Eluay.

The commission chairman, Koesparmono Irsan, however, refused to name the suspects -- three of whom are middle-ranking military officers, the remaining three are lower-ranking officers -- claiming the names of the suspects were still subject to changes depending on further investigation by the military police.

The commission also failed to discover the motives of the murder, saying they were only given three months to conduct their investigation.

"We recommend the investigation be continued by the military police, which has more authority (to conduct the investigation)," Koesparmono announced, after reporting to President Megawati Soekarnoputri on the results of its investigation at the State Palace.

Theys, chairman of the Papua Presidium Council, was found dead on Nov. 11 last year, after attending the National Heroes' commemoration day at the Army's Special Force (Kopassus) compound in Jayapura, the capital of Irian Jaya.

In their report, the commission announced they had not found any indication of gross human rights violations, which is ruled under Law No. 26/2000 on Human Rights Tribunal.

The law stipulates that a crime is categorized as a gross human rights violation when it is conducted systematically and in a widespread manner.

"During the questioning of witnesses, we found no indication of a gross human rights violation," Koesparmono said, adding that the Irianese had told the commission that any legal process concerning Theys should be conducted in Irian Jaya.

In their report, the commission also recommended the military police continue searching for Theys' driver Aristoteles Masoka, who went missing after Theys' murder.

In response to the commission's report, President Megawati, who was accompanied by the Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono, urged the investigation to proceed with the legal process as soon as possible.

Separately, a team of lawyers for the Kopassus members revealed that they had sent letters to TNI chief Adm. Widodo AS, Army Chief of Staff Gen. Endriartono Sutarto, National Military Police chief Maj. Gen. Sulaiman AB, as well as to Kopassus chief Maj. Gen. Amirul Isnaeni, demanding that their clients have their detentions suspended.

Ruhut Sitompul, a lawyer for one of the Kopassus officers, said that "the letter sent to Gen. Amirul needs to consider that is he (Amirul), their superior who asked the military police to detain these three members of Kopassus."

"It must be clarified whether the detention of these three Kopassus officers was merely due to a decision made by their superior, that is the Kopassus chief. Under military law, the investigator has no right to place the suspect in jail."

On Monday, the three officers, identified as Lt. Col. HM; Maj. DH; and Capt. R; were again questioned at military police headquarters for further investigation after they were officially accused of violating Article 338 of the Criminal Code for killing Theys.

Later in the day, Sulaiman, however, revealed the arrest of the three Kopassus members had been decided by the military police headquarters. He added he had yet to consider whether or not he would release the three.

"It was me, and not the chief of Kopassus, who decided to put these three officers in our cell. As investigator, of course we have the right to arrest the suspect. What has been revealed by these lawyers is potentially misleading," Sulaiman said, after a special security coordination meeting at the office of Coordinating Minister for Political and Security Affairs.