The Abduction And Assassination Of Theys Hiyo Eluay

FILE--West Papuan tribal leader Theys Eluay rides atop a jeep in traditional dress during a parade in Jayapura, West Papua, Indonesia, in this Feb. 22, 2000 file photo. Thousands of West Papua activists extended a week-long congress before declaring their independence from Indonesia, electing Eluay as chairman of the Papuan People's Presidium, which has been given the task of negotiating the future of West Papua, also known as Irian Jaya. (AP Photo/str)
FILE–West Papuan tribal leader Theys Eluay rides atop a jeep in traditional dress during a parade in Jayapura, West Papua, Indonesia, in this Feb. 22, 2000 file photo. Thousands of West Papua activists extended a week-long congress before declaring their independence from Indonesia, electing Eluay as chairman of the Papuan People’s Presidium, which has been given the task of negotiating the future of West Papua, also known as Irian Jaya. (AP Photo/str)

The abduction and assassination of Theys Hiyo Eluay (aged 64), chairman of Papuan Council Presidium, is a consequence of the culture of militarism and impunity since West Papua was annexed by Indonesia.[1] The violence started since the time when Sukarno, Indonesia’s President, proclaimed TRIKORA (Triple Command of the People) on 19 December 1961 in Yogyakarta. The three points of TRIKORA were: (1) Disband the “puppet state” of West Irian created by the Dutch;[2] (2) mass mobilisation, (3) raise the red-and-white flag (the Indonesian flag) in West Irian “. At the time, many West Papuan civilians were intimidated and killed. Following integration with Indonesia, the Jakarta government began to adopt the militaristic approach by conducting military operations in a number of areas in Papua.[3] About 100,000 (one hundred thousand) West Papuans have been killed during 38 years of integration with Indonesia.[4]

The process of destruction escalated particularly rapidly when the West Papuan people demanded independence from Indonesia in 1998 after the downfall of Suharto. Scores of peaceful rallies demanding independence staged by Papuans were dealt with by violence such as the Bloody Biak Incident (6 July 1998); Sorong (5 July 1999); Merauke (16 February 2000); Nabire (28 February-March 2000); Sorong (27 July 2000 and 22 August 2000); Wamena (6 October 2000). These aspirations for independence continued to erupt and were manifested very publicly and officially in the presence of President B.J. Habibie at the presidential palace on 26 February 1999 when representatives of the Papuan people in the Team of 100 met President B J Habibie. The demand came as such a shock that the president responded by asking the Team to think more deeply about they were asking for.[5]

Simultaneously, secret operations were stepped up to silence Papuan activists in the lead-up to the Second Papuan People’s Congress 2000 which was held from 29 May – 4 June 2000.[6] The week prior to the Second Papuan People’s Congress 2000, Vice-President Megawati made a sudden visit to Papua. She was met by demonstrations by pro independence activists throughout Papua. Megawati came away feeling “strongly impressed” by the desire for independence of the Papuan people in the various places she visited in Papua which was reflected in the report of Megawati’s visit that was sent to the Muspida (joint governing board). Megawati’s assessment became the basis for the report of the caretaker governor of Papua, Musiran Darmosuwito (former deputy governor of East Timor) sent by radiogram on 2 June 2000 to DEPDAGRI (Ministry of the Interior). This was further crystallized in the aspirations for an Independent Papua as expressed after the Second Papuan Congress 2000.

Evidence for this is contained in a leaked ‘top secret’ document issued by Directorate Generals of KESBANG and LINMAS of DEPDAGRI in an official document No. 578/ND/KESBANG/D IV/VI/2000, dated 9 June 2000. The leaked document contained the concept for an “Operational Plan for Territorial Conditioning and the Establishment of a Communications Network In Dealing with the Direction of Political Developments in Irian Jaya (Papua) in favour of independence and demanding separation from Indonesia.”

The targets of the operation included, (1) the conditioning of regencies and towns all over Papua down to the remote areas; (2) development of a communications network making use of influential personalities and supportive organizations to carry out activities like issuing statements, public assemblies, etc; (3) international diplomacy to win the support of the UN and other countries for Indonesian sovereignty over Papua. Operational methods to be used were: (1) clandestine (infiltration), (2) provocation and arrest of Papuan independence activists, (3) development activities; (4) a Papuanization program and preventing the internationalization of the Papuan case. The operation would be conducted overtly by means of attacks on mass demonstrations and covertly (clandestine). The operation was supported by the MPR (People’s Consultative Assembly) at its annual session in August 2000 when it adopted a decision to the effect that the territory of Papua required serious attention.

The top-secret document also included the name of Theys Eluay in the group of traditional leaders and fighters. On the same level were Tom Beanal (traditional), Yusuf Tanawani (who has since died), Rev. Herman Awom and Dr. Karel Phil Erari (church leaders), Dr. Benny Giay and Agus Alua (academics), Drs. Jakobus Pervidya Sallosa (politician and now governor of Papua), Simon P. Morin (politician), John Rumbiak and Johanis Bonay (ELSHAM-Papua), Gerson Abrauw and Diaz Giwijangge (students).

Reuters News Agency (dated 30 November 2000), received confirmation from DEPDAGRI that a meeting had been held to deal with the unrest which Jakarta called separatism in Papua and had been attended by 13 government bodies. The Papuan (Irian Jaya) police then translated that Operational Plan into its own Staff Analysis on Police Actions in Irian Jaya (Papua) to deal with Papuan Separatism in order to uphold the supremacy of the law, November 2000.

This analysis subsequently resulted in a planned operation, called “Operasi Sadar Matoa 2000”, lasting for 90 days. The targets of this operation were Papuan independence activists and the OPM and their sympathizers. This “Operasi Tuntas Matoa” illustrated the readiness and a systematic plan by the Papua Police to cope with what they called the separatist movement.[7] This Police policy was an integral part of a comprehensive state policy. These two documents clearly show that this was systematic, and involved organized measures to be conducted repeatedly.[8]

Profile of Theys Hiyo Eluay and the events leading up to 10 November 2001 incident.

Another element was to take extraordinary action directed against groups or certain civilians. Specifically with regard to the case of Theys Eluay, it is very clear that his abduction and death was well thought out and carefully planned. Theys, a civilian and an influential traditional leader, was the target because of his stance against Jakarta. He was a controversial figure with two faces; he sometimes appeared to be pro-government and sometimes pro-Papuan independence. To the Indonesian government, Theys used ‘cultural language’ whilst to the Papuan masses he spoke the language of politics. He frequently emphasized the need for a struggle by peaceful means, with politeness and love.

In October 1999, speaking as “Ondofolo Besar” (Great Tribal Leader), of Sereh, Sentani, and chairman of Lembaga Musyawarah Adat (Traditional Consultative Assembly), he appointed Yorris Raweyai [9] as the chairman of the Jakarta branch of the Papua Traditional Consultative Assembly. In August 1998, when independence sentiments were sweeping through Papua, Theys together with Yorris Raweyai (chairman of Pemuda Pancasila)[10] proclaimed the concept of ‘One Nation, Two Systems” for the future of the people of Papua at the building of the provincial Regional Development Bank in Jayapura. Theys was also involved in the 1969 Act of Free Choice, and during the New Order regime he served three terms as a member of Provincial Legislative Assembly in the Golkar group. But in 1996, he was not re-nominated for election and thereafter he spoke out forcefully again about independence.

The climax came when, along with the Papuan people, he issued a decree and unfurled the West Papuan flag (Morning Star Flag) on 1 December 1999 and 1 May 2000. He also signed a political communiqué during the Papuan Council Conference in Jayapura on 23-24 February 2000. On 29 May-4 June 2000, he convened the Second Papuan People’s Congress in Jayapura. An estimated 3,000 people from all over Papua attended this historic meeting.

When the Special Autonomy Bill was ratified by Parliament in Jakarta on 20 October 2001, Theys and other executive members of the Papuan Presidium Council were all present. They would firmly reject the autonomy law by peaceful means. Theys repeatedly told journalists that special autonomy was none of his affair, that he could not accept the idea of autonomy, and could only think about independence. We are the ones, he said, who owned the wealth and the government should ask us about how to use the natural resources. It would be divided: 80 % for us and 20% for the central government. It is for us, he said, to decide how to share it out. Secondly, the Papuan People’s Congress gave no mandate about special autonomy. So, what we had to do was to get our independence back.

In October, Theys told TEMPO Magazine that the Papuan Presidium Council was the representative of the whole Papuan people, the little folk and the leaders, the young and old, the men and the women, those at home or abroad, the living and the dead, they all want independence for Papua. Only a handful of people think otherwise, people like Freddy Numberi [11] who only think of themselves. They deceive themselves, the people of West Papua, and God.[12]

While the political elite in Jakarta were busying themselves with legislation about special autonomy, here in West Papua in October and November 2001, joint operations by TNI-POLRI patrols (“Patroli Garnizun”) were being conducted at night in Jayapura and the surrounding districts to maintain security (Kamtibmas). It was just like a ‘night curfew’. According to ELSHAM monitoring, the operations were conducted by personnel from the Army, the Navy, and Kopassus. In Sentani town where Theys lived, Infantry Battalion 751, which has its headquarters in Sentani, Polomo, was involved in these patrols. These operations terrified the local inhabitants to such an extent that they were afraid to go out at night. Young people who were found outside at night were arrested and taken away in military trucks to nearby police/security posts. It is indeed an irony that the late Theys Hiyo Eluay, chairman of Papuan Council Presidium, was abducted at 21.45 on 10 November 2001 in busy Jayapura and then murdered.

In the course of its investigations, ELSHAM Papua was told by DW, a TW courier who has worked with Kopassus, that on 29 October 2001 there was a meeting with Kopassus, which was held in the office of the company CV Megapura Arso I, on Jalan Trans Irian. One item on the agenda was a plan to have a night curfew in Koya Timur, Koya Tengah and Koya Barat.[13] The reason was that Kopassus was looking for a member of the TPN (the National Papuan Army, OPM) who had caused trouble in Koya. The meeting took a decision that TW would inform the local inhabitants not to leave their homes between the hours of 21.00 and 06.00. Night curfew patrols were conducted for three weeks by the local police and koramil (local military command) and satgas units of Kodam I Bukit Barisan/126 located in Arso, Muara Tami. This announcement would only be withdrawn if security conditions in the area permitted. Because of the operations of these joint patrols, the area where the crime was committed was isolated.

One week before the abduction and assassination of Theys H. Eluay, the ‘Dracula’ issue emerged. This issue occurred among the owners of food stalls in the region of Kota Raja, which is about 1 kilometer from the place where the abduction occurred and 29 kilometers from the place where the body of Theys was found, in Koya Tengah. For three days running, on 8, 9 and 10 November 2001, Cenderawasih Pos published reports about Dracula. These reports caused panic among many local inhabitants, especially among the families of the stall owners. ‘Dracula’ had the effect of terrorizing people in Jayapura and Abepura into not going out after dark.[14]

On the morning of Saturday, 10 November 2001, at about 9am, two people visited a kampung near the place where the body of Theys Eluay was found. They were traveling in a Starwagon vehicle in the direction Abepudar-Koya Barat, 5 kilometers. The two men told the local inhabitants that they were intelligence agents from the Irian Jaya Police Force. When ELSHAM Papua checked this report, the local people said that one of these two ‘intel’ agents was from Ambon and the other was from Java. They had come to meet the commander of the Papua Satgas (AR)[15] and also wanted to find out about the presence of Satgas Papua in the area. They said they needed this information in connection with (1) activities of Satgas Papua in the period leading up to 1 December 2001, (2) the number of members of Satgas Papua in Skouw, and (3) the number of heads of families there. They also asked about the local pro-independence leaders in Skouw, and wanted to know whether these people were still active or not.

theysgedragen-595x400On the evening of 10 November 2001, at 8.30pm, a local inhabitant (IN) from Skouw kampung wanted to go hunting in the area where the body of Theys was later found but he was stopped by three members of Kopassus (Agus, Yadi and Sanusy) who were riding on a Super Kijang. The commander of the Transat Kopassus post, riding on a Vespa, was also there and another member was in a Trael motor. As usual, before going out to hunt, (IN) reported to the Kopassus post in Skow Sae (Transat), in the home of a retired TNI soldier which is inhabited by transmigrants from outside Papua and local transmigrants. Because of what happened, (IN) did not going hunting but returned home and arrived back in Skouw kampung at about 11.30pm. (IN) told ELSHAM Papua that the situation on that evening was very unusual because these people were very busy. The guard post had been abandoned and all the Kopassus members were mobilized into a state of readiness.

ELSHAM Papua investigations in the location where the body of Theys was found pointed to some very strange things. It is clear that the ‘abductors’ were free to move around on that evening (see the map of the abduction). This sketch shows that from the base of Satgas Tribuana Kopassus, Hamadi, where the abduction took place, to the place where the crime was committed in Koya Tengah, the abductors were clearly freely able to drive passed thirteen security posts or military and police installations in the environs of Jayapura.[16]

Statements by witnesses
210403bTheysOn Saturday, 10 November 2001, at 10.30am, Infantry Colonel Hartono, commander of the Tribuana Kopassus base came personally to fetch the late Theys Eluay, chairman of the Papuan Presidium Council, from his home, bringing him a Christmas present, a white, long-sleeved shirt. The late Theys Eluay left home at 11am and went to Matoa Hotel, where he attended a meeting of the Papuan Presidium Council. At around 6pm, the victim phoned his wife at home in Sentani to say that he was going straight to Hamadi to attend a reception at the Tribuana Kopassus base. At about 6.30, Theys and his driver, Aristoteles Masoka (23) arrived at the reception which was being held to mark Indonesian Heroes’ Day, 10 November, at the Tribuana Kopassus base in Hamadi, South Jayapura sub-district. Although the reception was still in progress, the late Theys took his leave at 9.30pm to return home to Sentani, together with his driver, Aristoteles Masoka, known as Aris, in his car with number-plate B 8997 TO. Not long afterwards, at 10.10pm, the driver made a call by hand-phone to Yaneka Ohee (40), the wife of the late Theys Hiyo Eluay to say: ‘We have been attacked and taken hostage’. His wife asked him who had taken them hostage but the driver only replied: ‘Mama, please inform the ministers, our friends in the congregation. Please pray for us because the two of us are in great danger. Long live Our Lord Papua!’ And with these words, the voice on the phone was cut off.

Near the housing complex of the regional government (PEMDA) I Entrop-Jayapura, a witness said he saw the abduction of Theys Eluay. According to this witness, at around 9.45pm, they saw a dark-colored Kijang van collide into another Kijang which was also dark-colored (this later proved to be the car of Theys Eluay) at a distance of 2 meters, they clearly saw two heavily-built non-Papuans with short straight hair, with light skins and dressed in black, alight from the vehicle that had collided into the other one. They hit the driver and tried to pull him through the door. But Theys’ driver was holding onto the steering wheel very tightly. One of the two men pushed the driver into the vehicle, grabbed hold of the steering wheel and drove off. The witnesses saw part of the driver’s leg hanging out of the car that was being driven fast to Abepura.

12202529_10207693088476036_1764955229_nAt 9.50 another witness who took the driver Aristoteles Masoka (23) said that about 50 meters from the place where the abduction took place, as they were traveling in a Carry vehicle (taxi/public transport), they saw a person hanging on to a dark-colored Kijang vehicle which was going in the direction of Jayapura to Abepura. They were held up because of what had happened. Seeing what was happening, the driver of the Carry vehicle stopped his car and watched what was going on. After the Kijang vehicle from which a person was hanging out passed, they saw it stop about 50 meters on, and suddenly the person who was hanging out, fell from the vehicle and ran towards them and asked them (the witnesses) for help. When he got close, they realized that he was the driver of Theys Eluay. They took the man into their vehicle and drove in the direction of Jayapura. As they were going along, Theys’s driver shouted and asked them to take him to the Tribuana headquarters of Kopassus in Hanurata-Hamadi. They did so at his request and drove him to the Tribuana Kopassus base. They dropped him five meters from the entrance to the Tribuana base and then they continued their journey to Jayapura.

One witness who had been invited as a guest to the Heroes’ Day reception, which was attended by Theys Eluay, told ELSHAM that at about 10.10 pm, which is about thirty minutes after Theys left and went home, he was asked to tidy up the hall. Then, he saw someone come in. The person was grabbed by several Kopassus embers at the door and taken to the soldiers’ room. As this was happening, the person who had been grabbed was crying and saying: ‘O dear, if anything happens, I will be responsible to ibu. The car has been lost. What’s on earth has happened!’ As this was going on, a Kopassus member told the witness to leave immediately. (The person who had been grabbed was Aristoteles, the driver of Theys.)

On Sunday, 11 November, at 9am, the family (of Theys) received a phone call from Arthur Tombun, former police chief of Sentani to say that Theys’s car had been found at Km 9, Koya Village, Abepura. At 2.35pm, an investigation team composed of ELSHAM Papua, the sub-district police, the Papuan Presidium Council, the Jayapura Legal Aid Institute and several journalists went to the place of the crime. When they arrived, they found Theys’ body in the vehicle, in an upright, sitting position with the legs facing forward. There was a damp, red stain on the stomach. The tongue was hanging out. While the team was carrying out a detailed investigation of the decaying corpse, some members of the security forces rushed up and removed it to an ambulance to be taken to the Dok II Jayapura General Hospital. This group was led by Drs. Daud Sihombing, Jayapura Police chief. Aristoteles Masoka, Theys’ personal driver, had also been abducted but, at the time of the writing of this report, nothing was known about his whereabouts.

At 4.15pm in Sentani, angry crowds gathered at the residence of Theys after hearing that Theys had met with an unnatural death. These angry crowds burnt down two shops, two banks, a chemist shop and a hotel. The security forces opened fire in order to calm down the crowd.

An autopsy conducted by doctors at the Pathology Institute of the Faculty of Medicine at the University of Indonesia (Jakarta) No 200/IBS/SB/2001 came to the conclusion that Theys Hiyo Eluay had died as a result of unnatural causes, because of strangulation/swellings.

The Situation After the 10 November 2001 Incident
One week after the burial of Theys (17.11.01), Thaha Alhamid, 48, the Secretary General of the Papuan Presidium Council received a death threat from someone who sent a text message to his mobile (cell) phone. The short message from this unlawful caller was written in a Papuan style and sent on Wednesday night (27/11), saying “Thaha, get ready to follow Theys.” Thaha read the intimidating message at 9.30pm, and the message was recorded as being sent at 9.24pm, from mobile (cell) phone number 0815-1649058. The same thing happened to Boy Eluay, 35, son of Theys Hiyo Eluay, chairman of the Papuan Presidium Council who reported the incident to ELSHAM Papua. Boy had received a number of threatening messages on his mobile phone, and because he felt unsafe, he reported this to ELSHAM on 4 December 2001, after he received another such message, which said: “Boy, you must give proper information. You must help the police because we also help family. We have already received the names of those who killed your father.” Boy read this message at 7pm, and the mobile phone number, which sent the message, was 0812-4801124.

In order to try to find out who had made that threatening call, Boy Eluay contacted some people he knows to trace the owner of that number. It turns out that the number of that mobile phone, 0812-4801124, belongs to Police captain, Arif Basra (Papua Police Force). Now Boy Eluay is being closely followed by members of the Papuan Task Force (Satgas Papua), and members of the Koteka Task Force (Satgas Koteka) who are guarding the area around Boy Eluay’s home, at housing complex BTN Post 7, Sentani.

Two days after the burial of Theys, on Monday 19 February, at 11.10am, ELSHAM Papua received a phone call from the District Police Commander, AKB Pol Drs. Daud DJ Sihombing, SH, who said he wanted to invite ELSHAM Papua to discuss the mysterious death of Theys. The Jayapura police commander, he did not want to talk long on the phone, either on an ordinary line nor a mobile phone because all lines are being bugged. So it was agreed to have a closed meeting at the ELSHAM Papua office in Jalan Kampus, ISTP Padang Bulan. Then later that day, at 9.35pm, ELSHAM Papua received a phone call from Police Commissioner Boy Rafly, of the investigation division of the Papua police force. He too wanted to discuss the mysterious death of Theys. The meeting with the commissioner was scheduled for 2pm and the meeting with the Jayapura police commander for 4pm. During the meeting, Boy Rafly asked ELSHAM to provide protection for the witnesses of the killing of Theys and said that they (the police) would provide back-up. He also stated that the witnesses who were currently being detained had already been interrogated. They (the police) needed to work together with the ELSHAM Papua leadership in order to discuss protection for the witnesses. Jayapura police commander, Drs. Daud Sihombing SH, stated that from the statements of the witnesses made to the police, it seems they had been summoned by the Satgas Tribuana, Kopassus Unit, though it is not clear why. But the witnesses did not respond to the summons and they felt afraid. It would be better for them go there (to the Satgas Tribuana HQ) together, not just alone, so that they would be frightened by what they heard or what was said by the people who had summoned them (Kopassus), if they were scolded and threatened with death. So, this would be yet another indication on top of the indications already in hand; if they were not the ones who did it, they would not have been making these threats. Isn’t that logical? This is my first reason for being here, said the police commander. My second reason is: how can we protect these witnesses. If we handle this ourselves, it may attract attention from people so the police commander suggested that ELSHAM should handle and protect the witness, with the assistance of the district police who will provide back-up and security as well as providing food. During the meeting, the police commander also said that the (results of the) investigation into the killing of Theys would be made public within a week.

In response to this suggestion, ELSHAM Papua sent letter to the provincial police commander, thanking him for the co-ordination with the Papua police force. In principle the protection of the witnesses is a matter of concern for all of us, but ELSHAM Papua as an independent organization was not willing to collaborate with the police on the question of witness protection; in the eyes of the law, witness protection is the responsibility and duty of the police. ELSHAM Papua will continue to conduct investigations in its capacity as an organization operating in the field of human rights in Papua, and the police are responsible for witness protection.

One week after the death of Theys, Made Mangku Pastika (Papua provincial police commander) stated that the abduction and killing of Theys had been carried out by three groups a group who came up with the idea, a group who planned it and a group who executed it. It is quite possible that the three groups did not know each another, but their aim and mission were the same.

There are a number of versions regarding the whereabouts of Aristoteles, Theys’ driver who is the key witness. The police initially named Aristoteles as the key witness to lift the veil concealing the truth about the death of Theys Hiyo Eluay. However, on 4 December 2001, in a co-ordination meeting with the Mengkopolkam (Minister for Co-ordination of Police and Law and Order) in Jakarta, Papua provincial police commander, Made Mangku Pastika stated that Aristoles was still alive and was now in PNG.[17] None of the members of the Papuan Presidium Council know anything about the whereabouts of Aristoteles.

ELSHAM Papua’s Findings
As has been outlined above, the existence of a top secret document from the Department of the Interior together with the Matoa Awareness Operation (Operasi Sadar Matoa) which was launched by the provincial police points to the role of President Megawati Sukarnoputri (who was vice-president at the time) in contributing to the many civilian deaths in Papua. Theys is the ‘climax’ of Megawati’s policy to crush what they describe as separatism in Papua as well as in Aceh.

Because the policy of the Department of the Interior and of the police force is a part of state policy as a whole, President Megawati’s administration should accept responsible for the abduction and death of Theys Hiyo Eluay. The two documents referred to above indicate that there is a systematic approach [18], they demonstrate that it is very well organized, which follows a regular pattern, and there are therefore strong grounds for calling upon the international community to form an independent team to take part in investigating the abduction and killing of Theys Hiyo Eluay. Based on past experience, it is clear that the government and the law enforcement agencies in Indonesia are part of these organized actions. Moreover, there are doubts about the independence of the National Human Rights Commission (KOMNAS HAM) in handling cases of human rights violations in which the armed forces are implicated TNI. [19]

211101aTheys-Hiyo-Eluay2The investigation conducted by ELSHAM Papua regarding the abduction and killing of Theys Hiyo Eluay has brought a number of facts to light. On the night of 10 November 2001, Theys Hiyo Eluay was abducted and killed after having attended a reception held by the Kopassus Tribuana Unit. Theys was not the only one to have been invited to this reception, several other members of the Papuan Presidium Council such as Thaha Alhamid, Willy Mandowen, and Father Herman Awom were also invited. However, they refused to attend; only Theys attended because Colonel (Infantry) Hartomo (Commander of Kopassus Tribuana Unit) went to Theys’ house to fetch him on Saturday 10 November 2001 at around 10.30am, bringing a Christmas gift for Theys in the form of a white, long-sleeved shirt. The autopsy by a doctor of the Pathology Department of the Faculty of Medicine at the University of Indonesia, document number 200/IBS/SB/2001 dated 14 November 2001 stated that Theys Hiyo Eluay did not die of natural causes, and recorded it as a suspicious death caused by strangulation and bruises. Testimony from several witnesses also indicates that Aristoteles Masoka (the key witness) is in the hands of Kopassus, and according to the police investigation, he is sill alive.

Recommendations
The results of the ELSHAM Papua investigation, and the testimony of a number of witnesses, indicate that the abduction and killing of Theys Hiyo Eluay was well planned and politically motivated. ELSHAM Papua therefore makes the following recommendations:

That the President of the Republic of Indonesia immediately establish an Independent Investigation Team in order to investigate the case of the killing of Theys Hiyo Eluay.

The Indonesian government should stop the repression in Papua immediately.

The Indonesian government should hold a peaceful dialogue immediately to discuss setting straight the history of Papuan integration.

The Indonesian government should explain, honestly and transparently, the Secret Document issued by the Department of the Interior on 9 June 2000 and its implications.

The President as the Commander in Chief of the Armed forces and the Police should immediately withdraw all non-organic forces, which are currently operating in Papua.

The Indonesian government as well as the Armed Forces and the Police are under an obligation to provide protection to the witnesses in the case of the killing of Theys Hiyo Eluay, as well to human rights activists in Papua.

Notes
[1] West Papua was annexed by Indonesia in 1969 as a result of an Act of Free Choice in which 1,025 representatives of Papuans and non-Papuans took part.

[2] West Papua was a colony of the Dutch for about ninety years, when it was known as Dutch New Guinea.

[3] According to investigations by ELSHAM (2000), since then, 10,000 to 20,000 troops have been dropped in Papua.

[4] The assassination of Theys reminds the Papuan people of a similar fate met by Arnold Ap, a leading cultural personality who was hounded down and killed by Kopassanda (as Kopassus was known at the time) on 26 April 1984. In 1996, Dr Thomas Wanggai who proclaimed the idea of West Melanesia was put on trial; he died of poisoning in Cipinang Prison, Jakarta.

[5] Thereafter, the Team of 100 took action to popularize the meeting with Habibie. These activities were received with great enthusiasm by Papuan people, with the setting up of command posts (posko). The establishment of poskos was rejected by the chief of police of Papua in a decree No MK/01/IV/1999, 17 April 1999.

[6] President Abdurrahman Wahid expressed his support by agreeing to attend the Second Papuan Congress which was convened by the Papuan Presidium Council, but he subsequently reversed this decision, saying that he did not want to create the impression that he supported Papuan aspirations for independence. Instead of attending, he contributed Rp 1 billion for the Congress. The Congress produced a seven-point resolution. This included the appointment of Theys Hiyo Eluay as the chairman of the Papuan Presidium Council (PPC) and a statement that an Independent Papua would leave the Republic of Indonesia.

[7] See document entitled: Rencana Operasi ‘Tuntas Matoa 2000’, Irian Jaya Police No.Pol.:/R/Renops/X/2000.

[8] See definition of ‘Crime Against Humanity at the Rome Conference’, Darryl Robinson, page 47, American Journal of International Law, Vol. 93, Issue 1 (Jan. 1999), 43 – 57.

[9 Chairman of Pemuda Pancasila, an underbow organization of GOLKAR (state party) involving mostly gangs. Since President Suharto’s fall in May 1998, Yorris Raweyai turning to “support” Theys H. Eluay and West Papua independent movement with the climax of Papua People’s Congress II 29 May – 4 June 2000. Today Yorris Raweyai becomes “spokesman” of Papua Presidium Council (PDP).

[10] According to monitoring by Indonesian human rights activists, Yorris Raweyai, chairman of Pemuda Pancasila, and his group have been involved in a number of disturbances of a religious and racial nature, such as incidents in Sampit, West Kalimantan and Maluku.

[11] The position taken by Theys points to a ‘concealed’ conflict between the Papuan Presidium Council and the national Indonesian Government and the Provincial Government, in particular the Muspida. Freddy Numberi is a former governor of Papua (Irian Jaya) and is now Indonesia’s ambassador to Italy. He and a number of Papuan intellectuals have been enthusiastically supporting the idea of Special Autonomy. The Papuan political elite at the national level include: Barnabas Suebu, Theo Waimuri, Manuel Maiseipo, and at the local level, the present governor of Papua Jacobus P. Salosa (present governor of the Province of Papua), and academics such as Frans Wospakrik (Rector of Cenderawasih University), Menasa Satya (Director of STIE, the College for Economics Otto & Geisselt, Jayapura)

[12] See interview of Theys Hiyo Eluay in TEMPO, 25 November 2001, page 34.

[13] Koya Tengah is a transmigration site near the border with Papua New Guinea. This is where the corpse of Theys Eluay, the chairman of the Papuan Presidium Council, was discovered.

[14] This is almost identical with what happened at the time of the death of well-known cultural worker, Arnold Ap (26 April 1984). Shortly before he was made to disappear by Kopassanda (now called Kopassus), stories were circulating about a female ghost, ‘Sumiati’ which greatly disturbed people in Jayapura. The ‘Dracula’ issue was used by the US military to spread fear among local people in advance of the kidnap of a pro-communist Vietnamese leader.

[15] Satuan Tugas (Satgas) is a para-military organ of the pro-independence movement.

[16] The Tribuana Kopassus base where the 10 November reception was held is about 100 meters from the base of Naval Lantarnal V headquarters of the Indonesian Navy. A further 500 meters along is a post of the South Jayapura Koramil (military command). One km from here, in the direction of Abepura, the motorcar of the victim drove past the Police Section (polsek) of South Jayapura in Entroop. The abduction took place about 80 meters from the South Jayapura polsek, at the first turning, near the Entroop housing compound of the regional government. From the place where the abduction took place to Skyline, the victim’s car, now being driven by one of the abductors, passed through the security zone of unit 1 Kostrad and a Brimob post in Skyline, close to the recreation villa of the provincial governor. About 2 kms from the place where the abduction took place is the headquarters of Mobile Brigade (Brimob) of the Irian Jaya Police Force in Kotaraja. Before that is a Kostrad post in the Vuria Indah compound, Kotaraja Dalam. The abductors then drove the victim’s car through the zone under the control of Abepura Polsek and Koramil which is about 1.5 kms from the road along which they drove. At the end of this road, they entered the main road in Tanah Hitam where they passed the headquarters of the Kostrad Battalion and a Kopassus post in Tanah Hitam. After reaching Tanah Hitam, the abductors passed another Kostrad headquarters in Abepantai which is about 2 kms from Tanah Hitam. From Tanah Hitam, the abductors calmly drove past a joint guard post at Kilometre 9, which is manned by one Kostrad company and an auxiliary police post from Abepura. The abductors drove past the Km 9 post without being identified, reaching Koya Timur, on the way passing another Kostrad post, a police post and a Kopassus post. On the drive from Koya Timur to Koya Barat they would again pass a Kostrad post manned by troops from Kodam 1/Bukit Barisan (from North Sumatra) and a police post as well as passing another Kopassus post. From Koya Barat, the abductors then drove in the direction of the border with PNG and the victim’s car was found in Koya Tengah. It is very clear that within a radius of 1 km, the abductors were in the operational region under the control of a number of units, such as the Kopassus post in Skouw Mabo Village. In the Transat region, there are also posts manned by Kostrad and Kopassus as well as Brimob, close to the estuary of the River Tami to the east, and located close to the international border between Papua New Guinea and West Papua. In an area with a radius of about 50 square kms, along the road taken by the abductors on the road to Arso, Skamto sub-district, there are thirty security posts. These security posts include posts manned by the Police, Kostrad, Koramil and Kopassus. [ELSHAM monitoring, 2000/2001]

[17] METRO TV, Thursday, 5 December 2001 afternoon transmission 6.00 pm. On the following day Friday, 6 December 2001 the same report was published in several national newspapers and in local papers in Papua.

[18] See definition: ‘Crime Against Humanity’ at the Rome Conference, Darryl Robinson, page 47, American Journal of International Law, Vol. 93. Issue 1 (Jan, 1999), 43 – 57.

[19] For a better understanding of the links between the National Human Rights Commission and the military in connection with cases of human rights violations, see: ‘The Indonesian National Human Rights Commission: Its Formative Years’. Published firstly by The South Asian Human Rights Documentation, New Delhi, India, November 2000, and the Indonesian version published by ELSHAM, Jakarta, August 2001.

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Lembaga Study dan Advokasi Hak Asasi Manusia (ELSHAM) di Papua lahir dari perenungan panjang terhadap pergumulan orang Papua akan situasi politik dan hukum yang bersifat represif. Kenyataan bahwa pendekatan keamanan dan berbagai bentuk kekerasan secara sistematis telah menciptakan rasa takut (traumatis) dikalangan rakyat Papua.

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