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More delays in probe into Theys' murder

| Source: JP

More delays in probe into Theys' murder

Tiarma Siboro, The Jakarta Post, Jakarta

After months of delays, National Military Police Chief Maj. Gen.
Sulaiman A.B. disclosed on Wednesday that the military police had
not yet completed their investigation of several members of the
Army's Special Force (Kopassus) suspected of murdering
proindependence Papuan leader Theys Hiyo Eluay last November.

"Based on our current investigation, we have found three new
suspects, including a Kopassus officer identified as Lt. AG. They
are now in our detention house here, with the nine others who
were arrested previously," Sulaiman told The Jakarta Post by
telephone.

Three of the nine are middle-ranking officers: Lt. Col.
Hartomo, Maj. Doni Hutabarat and Capt. Rianaldo. While, the
other six are non-commissioned officers, identified as WS, AL,
BG, ED, IR and GR.

The case was scheduled to be heard by a military tribunal in
June, but was delayed indefinitely. Both Sulaiman and Army
officials said, at the time, that the case could be brought to
the tribunal by early October, but it seems as if more delays are
likely.

"We are having difficulties in producing witnesses and
material evidence for the killing," he said.

Theys was found dead in Koya Tengah village on Nov. 11, 2001
the morning after he and his driver Aristoteles Masoka had
attended a dinner on National Heroes Day at the Kopassus'
Tribuana unit complex in Hammadi area in Jayapura, Papua.
Aristoteles is still missing, presumed dead.

Theys' murder sparked a strong protest from Papua's political
elite and religious leaders with a call for the establishment of
an independent team involving foreign investigators to look into
the case thoroughly. Both the provincial authorities and
religious leaders have urged the government to condemn the murder
as a major human rights violation, but the government maintains
that it was a common crime.

The police have given up investigating the murder since
members of the military are allegedly involved in the case, which
is the jurisdiction of the military's own internal law enforcers.

Sulaiman sidestepped allegations that the military
investigators had hampered the legal process, saying that "this
is not an ordinary case."

He however declined to elaborate.

The military police have rarely, if ever, investigated their
own for abuse of human rights in conflict regions, including
Aceh, East Timor and Maluku. The same is true of corruption
cases.

Sulaiman said he had no objection to the establishment of an
independent team, but that this case did not necessarily apply.

"Our legal system covers only individual responsibility
instead of institutional. By trying this case before the military
tribunal, we expect the panel of judges to impose stern penalties
against those involved in the case," he said, adding it was out
of the question to consider Kopassus, as an institution, of
wrongdoing, as it was merely a group of officers acting alone.

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