Presidential decree vital in probing Theys' death

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.