Theys suspects 'committed ordinary murder': Probe

Theys suspects 'committed ordinary murder': Probe

Tiarma Siboro, The Jakarta Post, Jakarta

A military probe concluded that the murder of Papuan leader
Dortheys "Theys" Hiyo Eluay was not politically motivated, and
thus the nine suspected Army Special Forces (Kopassus) officers
involved in the death will be tried through a regular Military
Tribunal next month.

National Military Police chief Maj. Gen. Sulaiman A.B. on
Monday confirmed as a result of the findings that his team would
recommend that "the suspects only be charged with committing a
regular murder as stipulated in Article 338 of the Criminal
Code."

"The legal process is continuing, but thus far we are not
classifying it as a human rights violation. It's purely a
criminal act," Sulaiman told The Jakarta Post after attending a
hearing with Indonesian Military TNI chief Gen. Endriartono
Sutarto and several legislators.

Sulaiman's latest comments seemed to contradict his previous
remarks in which he stated that the murder was politically
motivated. His most recent statement is bound to disappoint those
who had hoped that case would go before the more rigorous human
rights tribunal.

A Military Tribunal is comprised of judges solely from the
military, while a human rights court would include civilian
judges.

Currently, the nine suspects face a maximum of 15 years in
jail. Should prosecutors fail to show the severity of the
suspects' individual involvement much lesser sentences could be
handed out.

Under a human rights tribunal the minimum sentence is 10
years.

A Military Tribunal would also effectively inhibit any
revelation that the murder may have been committed as part of a
larger scheme involving, possibly, government officers and senior
military generals.

Sulaiman on Monday also revealed that the team's probe found
that "no civilians were involved" in the murder.

He, however, refused to elaborate on a possible motive for the
murder, if politics had been ruled out.

Sulaiman seemed confident of the case his team had built
against the nine Kopassus officers, saying that they had damning
testimony from several witnesses even though "none of the
suspects have admitted to the crime."

According to Sulaiman, after completing the investigation "we
will soon hand over our files to military prosecutors and expect
them to try the case in July."

Many had long suspected the involvement of Kopassus officers
since the chairman of the Papuan Presidium Council (PDP) was
found dead near their base after being abducted by an "unkwown
group" in November last year upon his return from a visit to
Kopassus headquarters in Jayapura.

Theys' driver, Aristoteles, remains missing and is presumed
dead.

The TNI investigation team had also excavated parts of the
grounds at Kopassus' Tribuana IX compound to follow up on
suggestions that Aristoteles might have been buried there. So far
nothing has been found.

Three of the suspects are middle ranking officers: Lt. Col.
Hartomo, Maj. Doni Hutabarat and Capt. Rianaldo. The other six
are non-commissioned officers.