Komnas accuses TNI of abuses in Papua

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

The National Commission on Human Rights (Komnas HAM) said on Friday that based on preliminary findings the Indonesian military (TNI) committed gross abuses in Papua in 2001 and 2003, and says it is launching a legal probe into the incidents.

Sa'afroedin Bahar, head of Komnas HAM's Papua investigation team, said after a meeting with President Megawati Soekarnoputri that the team would look into the possible gross rights abuses by TNI and police in Wasior in 2001 and Wamena regency in 2003.

"There were extra judicial killings and torture by military and police personnel," Sa'afroedin said in a press conference here Friday.

The inquiry would be led by Anshari Thayib, also a member of the rights commission.

According to Sa'afroedin, TNI personnel tortured 48 people, killed seven and forcibly evacuated some 7,000 residents in Wamena between April and June 2003.

The incidents took place during raids by the Army after alleged Free Papua Movement (OPM) members broke into a TNI armory in Wamena regency on April 4, 2003, and escaped with 29 riffles.

Meanwhile in Wasior regency, 16 people were tortured, three killed and dozens of homes were burned down by police during raids carried out after six troopers from the police's paramilitary force, the Mobile Brigade (Brimob), who were guarding a logging company were killed by a group of Papuan rebels.

The troopers' killings took place on June 13, 2001, and the raids were launched in the surrounding areas immediately after the incident and lasted for more than two months.

"We got indications (of abuses) after our meetings with witnesses and victims during our preliminary probe from Sept. 8 through Sept. 15," Sa'afroedin said.

He said the commission had informed President Megawati about its plan to investigate the incidents during Friday's meeting and asked the government to assist it with the inquiry.

During the meeting, President Megawati was accompanied by Coordinating Minister of Political and Security Affairs Susilo Bambang Yudhoyono, Minister of Justice and Human Rights Yusril Ihza Mahendra, and National Police chief Gen. Da'i Bachtiar.

"We will summon possible suspects, whose names we already have. We have asked the government to support the probe," Sa'afroedin said.

"We had a good discussion with the government side. Please note that we do not hate the military, but we need to find the perpetrators of these sort of cases," he added.

Under the Law No. 39 on human rights tribunals, the commission's findings can be used as evidence before a rights tribunal.

Commenting on the Komnas HAM plan, senior security minister Susilo said rights abuses by soldiers "cannot be justified" even if they were only doing their jobs.

In an apparent contradiction, he also said, however, that rights abuses in conflict areas such as Papua and Aceh were "unavoidable."

"In conflict areas such as in Papua or in Aceh ... it cannot be avoided that there are clashes and action taken beyond acceptable levels, including human rights violations. However, that cannot be legitimized," Susilo said.

He expressed the hope that the team would not immediately jump to conclusions that human rights abuses had taking place in the incidents that were probed by the commission.

"Some cases are merely criminal cases that can be handled by conventional courts, rather than a human rights tribunal," he said.

The OPM has waged a sporadic low-level revolt since Indonesia took control of Papua, a mountainous jungle-clad territory, from the Dutch in 1963. A controversial U.N.-organized plebiscite in 1969 of leaders of the local population resulted in a decision to join Indonesia.