Kopassus chief passes the buck in Theys case

Tiarma Siboro and Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

Chief of the Army's Special Forces (Kopassus) Maj. Gen. Amirul Isnaini refused to take any responsibility for the killing of Papua independence leader Theys Hiyo Eluay last November, which allegedly points in the direction of Kopassus members, saying all military personnel stationed in that province were the responsibility of Trikora Military Command.

He, however, said that the Kopassus headquarters would provide legal assistance for the troops immediately after they arrived in Jakarta.

"It must be understood that Kopassus members' activities in Irian Jaya, including any military operations, are no longer my responsibility as they are under the Trikora Military Command," Amirul said.

Theys, the charismatic former chairman of the Papuan Presidium Council (PDP), was found dead hours after he was reportedly abducted by what witnesses described as "non-Papuan people" on his way home after attending a function at the Kopassus compound, raising speculation that Kopassus members were behind the killing as most of the members of the elite force are of Javanese extraction.

Amirul said Monday that he had not received any reports from his troops in Papua that could be construed as involvement in the killing.

Key witness Aristoteles Masoka, Theys' driver, is still missing. Several witnesses who refused to be identified told a Military-Police investigation team that they saw a man believed to be Aristoteles arriving at the Kopassus compound through the front door soon after Theys' death.

The report prompted the team to conduct a thorough investigation at Kopassus headquarters in Irian Jaya, including excavating several places around the compound to see if Aristoteles might have been buried there.

Asked if the Kopassus leadership had any knowledge of the investigation results, Amirul said, "The team has no obligation to report to us about their investigation."

Meanwhile, four human rights watchdogs are planning to file a judicial review with the Supreme Court against Presidential Decree No. 20/2001 issued in November, 2001 on the establishment of a national commission to probe the killing of Theys.

The Commission for Missing Persons and Victims of Violence (Kontras), the Indonesian Legal Aid Foundation (YLBHI), the Indonesian Legal Aid and Human Rights Foundation (PBHI) and the Papuan Institute for Human Rights Research and Advocacy (Elsham Papua) planned to submit the review by the end of this month.

Kontras coordinator Ori Rahman told reporters on Monday that the watchdogs had obtained powers of attorney from Theys' wife as well as Tom Beneal and Toha Alhamid, both of whom represent Theys' Papuan Presidium Council (PDP).

"The decree has violated Law No. 39/1999 on the National Commission on Human Rights (Komnas HAM) and Law No. 26/2000 on human rights tribunals which give the authority to Komnas HAM for an investigation," he said.

Ori Rahman also questioned the policy of President Megawati Soekarnoputri who chose to set up what she termed an "independent commission" whose findings would have no legal recognition, instead of instructing Komnas HAM to carry out the task.