Kopassus chief passes the buck in Theys case

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.