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.