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.