Presidential decree vital in probing Theys' death

Fabiola Desy Unidjaja and Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

A member of the rights commission's fact-finding team on the death of Theys Hilo Eluay claimed there were already strong clues that might shed light on the case, but without presidential intervention the police would be unable to unravel the murder any further.

Member of the National Commission on Human Rights Koesparmono Irsan did not beat around the bush, suggesting that something was suspicious about the current investigation into the death of the Papuan independence leader.

He told The Jakarta Post here on Wednesday that even with the evidence in hand, in the absence of a stronger mandate taking the form of a presidential decree, the investigation would get nowhere.

"The police have uncovered material and substantive clues but cannot do anything about them because they don't have the power to cross-check the information with those who are mentioned in the testimonies," he claimed.

Koesparmono did not reveal what clues were in hand, or what possible obstacles were deterring the police from their investigation.

However, Koesparmono may be one of the few with inside information on They's death as he, along with colleague Bambang W. Soeharto, were recently in Irian Jaya to gather information on the commission's behalf.

He said that the proposed presidential decree would be to initiate a joint investigation team comprising police, the military, prosecutors, nongovernmental organizations and the rights commission itself.

He had little faith in the effectiveness of the current police investigation and altogether dismissed the government's inquiry, which involved the military and the police.

That team had achieved little, if any at all, progress, with local and top-ranking military officials hastily proclaiming that security forces had not been involved.

Theys, head of the Papua Presidium Council, was found dead in his car in Jayapura on Nov. 11 after being abducted the previous evening. His driver mysteriously remains missing.

The motive behind the murder also remains unclear, with many suggesting that it was politically motivated due to his involvement in the separatist struggle.

Koesparmono argued that a joint team under the aegis of a presidential decree was necessary, as it would encompass all elements involved in the issue and lend it greater credibility.

He claimed that the rights commission by itself could not carry out an investigation as the case did not directly represent a widespread violation of human rights.

But the commission would willingly participate in a joint team since the implications of the murder had a significant impact on the human rights situation in the province as a whole.

Koesparmono said President Megawati Soekarnoputri could not procrastinate any further, as the decree on the joint team had to be issued before she left for the province on Saturday to celebrate Christmas there.

"The Irianese aren't asking for a Christmas present from Megawati other than the decree (on the joint investigation team)," he remarked.

Already feeling the heat on allegations of the military's possible involvement, Army Chief of Staff Gen. Endriartono Sutarto was quick to deny the accusations on Wednesday.

Endriartono maintained, "There was no single (Army) policy on Theys."

"Even if something was done by any of my men, it was done without official orders," he said after meeting with President Megawati Soekarnoputri.

"The President urged a quick resolution of the case," he said of his talks with Megawati.

Endriartono further pledged that if military officers were eventually implicated in the killing they would be severely punished.

"I promise there will be no cover-up ... We will support and assist any party to resolve the murder," Endriartono added.