Tempo Magazine - April 16 - 22, 2002

Interview

Koesparmono Irsan: "Everything has been in the open"

THE last two dates of this month of April are important dates to Koesparmono Irsan. The first, April 21, is the date the Chairman of the National Investigation Commission (KPN) charged with probing the death of Theys Hiyo Eluay, Chairman of the Papuan Presidium (PDP), is scheduled to present the Commission's findings to President Megawati Sukarnoputri, after three months work. The second, April 24, is the date he celebrates his 62nd birthday. 

Koesparmono, who is also a member of the National Commission on Human Rights (Komnas HAM), is charged with a heavy task: to find the killers of Theys. It's no secret that the military, Kopassus (Special Forces) in particular, may be involved in Theys' death. In carrying out its task KPN is encountering all sorts of obstacles.

There's a lot of confusion within the military following investigation by KPN into the death of the Papuan leader. Some 300 members of the Kopassus Tribuana Unit were withdrawn from Papua to their headquarters at Cijantung outside Jakarta at the end of February. Maj. Gen. Amirul Isnaini, Kopassus Commanding Officer, denied any of his men were involved in Theys' death.

Koesparmono, former national police deputy chief in charge of operations, is optimistic Theys' killers will be found. Investigation is 90 percent complete and the identity of the killers is already known.

A strong, solid looking mustachioed and bespectacled chap, his claim that the identity of the killers is already known is most likely true. Koerparmono well understands the Papuan character, having served for years in Fakfak and Sorong. He found no difficulty getting the trust of the Papuans in order for them to testify over the death of their leader.

Koesparmono, a father of three and an avid reader of Agatha Christie mysteries, has a long record as an investigating officer. Indeed it was Koesparmono who helped bring Slamet Gundul, a big-time robber in Java, to justice.

A graduate of the Institute of Police Sciences, he was also a member of the team that investigated the death of labor activist Marsinah. He has completed a book on the case. "I am waiting to find a publisher willing to publish the book," he says.

Koesparmono, who is married to Wening Rialatun, is used to dealing with cases of human rights violations. Frequently he has been called on to deal with cases involving police officers. A retired police officer, Koesparmono should show himself a man of impartiality.

Pak Koes-that's the name by which Koesparmono is fondly known-has announced he would no longer involve himself in human rights issues after completing his current term with Komnas HAM in 2003 in order to concentrate on his writing.

What does Koesparmono think of KPN in its investigation of the Theys case? Is it a truly independent commission? Following are excerpts from an interview Eduardus Karel Dewanto of the TEMPO News Room conducted with Koesparmono at his home on Wednesday last week.

Interview:

What was the idea behind the establishment of KPN?

KPN was established because there is a wall which cannot be penetrated by police investigators. Initially, Komnas HAM carried out a preliminary investigation in Irian Jaya-in Sentani, Jayapura, Koja, and other areas. We found there to be a wall blocking investigation into the case. 

Then we talked with the governor, the chief of police and the chief of the military in the province. They all wanted the case cleared and agreed with the establishment of KPN which was duly set up by Presidential Decree No. 10/2002 dated February 5, 2002.

What were the first steps taken in the investigation?

Komnas HAM collected data and studied them. The first sources of information were reports carried by newspapers of the event. Then we gathered all members of KPN, including those from outside Jakarta such as Prof. Dr. Amarsin, a forensics expert from the North Sumatra University. The first meeting lasted for three days. We drew up a work and budget program. About halfway into the meeting, two representatives from Irian Jaya withdrew saying they had no investigation background. No, no, it was not political. So only one member from Papua remained, namely Dr. Erari. We carried on. All members of the team then met with President Megawati to present our work program.

What was the result of the meeting?

We told the president we were in KPN to uphold the law, so we should not be burdened with any political agenda. I said our duty was only to present the facts as they were. But we were surprised with the president's reply. She said: "Saudara-Saudara, I was elected president by the people to uphold the law. Therefore, uphold the law rightly and correctly. If we fail, not only you but I as the president also fail." The president went on to say: "Currently, public opinion is circulating about Theys' death. If you want to go against public opinion, you should do it with law that's right and correct. But if you accept public opinion, you should prove it with law that's correct and with strong evidence." That's what the president said, and that she wanted the investigation to be completed by May 1 this year.

Where did you get the funding for KPN?

We borrowed from Komnas HAM to the limit permitted. We also asked permission to use a room complete with the necessary equipment, located next to the room reserved for the Commission on
Investigation of Human Right Violations on the Trisakti case.

How much funding have you got?

No, you don't have to know. Anyway, we have the necessary funding.

What of the investigation?

We carried out a scientific investigation. We brought in doctors and forensics experts and set up a team of assistants working in the field on a continuous basis. In Papua, the team consisted of two representatives from the military police and two from the prosecution office to process data gathered. That's because we cannot and stay there all the time.

What was the first thing that was found in the investigation?

Doctor Amarsin, who performed a visum et repertum, found indications of a murder. He took medical notes and interviewed the

doctor who had examined the body. But when Amarsin wanted to dig up the grave, some people objected. Then we went down to determine the locus delicti. We knew there was this Tribuana headquarters in Entrop where Theys and Aristoteles were abducted and spirited away. What's strange was that although there were four military checkpoints, the people who took Theys and Aristoteles could go through just like that. It was 6pm when no one was normally allowed to go through the checkpoints. We reported the finding to the Irian Jaya police chief.

Is it true KPN was restricted in its investigation so that it needed the backing of the Irian Jaya police chief?

The police chief agreed to help. He said whatever police findings were they would be delivered to KPN and to the military police if the suspects were members of the Indonesian military. Then I also talked with Pak Hendardji of the Indonesian Military Police. He said: "Pak Koes, I will seal off all locations suspected of being the site of the murder." I asked whether he was sure of the people identified as the killers. He replied: "We will prove this." I said okay.

Did you suspect from the beginning that the killers are members of the military?

I think we did. We have such a frame of suspicion. But since KPN is a commission working on the principle that a person is presumed innocent until proven guilty, it cannot mention names or units suspected of involvement. What we are presenting is the modus operandi and data gathered. We gather the data, then it's for the military police to identify the killers. One example of this is Theys' car, which was crashed into by another vehicle. Traces of paint on the car were found to have come from a red car belonging to Kopassus.

What about Aristoteles?

Aristoteles has become a big problem because he is the key witness. Everyone knew that when entering the Tribuana headquarters Aristoteles was still alive. We visited places where he was reportedly hiding. Some said he was hiding on an island, others said he had crossed the border to Papua New Guinea. But all these reports proved untrue. Aristoteles' father has said that his son is still alive. We even dismantled a toilet at the Kopassus headquarters [at Hanurata].

Can you explain in detail what forms of obstacles you face in your investigation?

Yes, we have structural obstacles such as when we could not question members of the military. But the military police were helpful and questioned them. Some 20 of them have been fingerprinted. But the reach of investigation is limited. The police who found evidence sometimes could not carry through with their investigation because of the so-called domain of the law.

So most of the obstacles were raised by the military? Because they were involved?

That's your conclusion, not mine. I may not make a conclusion. I only present facts as they are. If I mention [names, origins], that I may not do. If the public come to that conclusion, that is their right.

Although KPN does not mention names, certainly there are parties who have a motive.

Yes, there is dissent within the Papuan Presidium, within the military in Papua, and the involvement of individuals. Everything has been in the open. But the motive for the killing is yet to be determined by the police, the penyidik, not we the investigators, the penyelidik.

There's a difference between the number of people involved given by KPN and that by the police?

If we say 10 people were involved and the penyidik say four, that's not a difference. The conclusion made by the penyidik is based on available evidence, while ours is based on assumptions.

Our duty as investigators is to give as much input as possible. But to come to the conclusion as to who the killers are, that should be based on strong, hard evidence. So there's no contradiction between our findings and those of the penyidik.

What are the key points in KPN's findings?

Easy. First, there is an occurrence and a person dead-not dying a natural death. The autopsy determined that Theys died from lack of oxygen, of suffocation. Everyone knew this. People also knew the place where it occurred. Those are facts which you cannot deny. So, the locus delicti is known, the motive is known. None of this can be denied. The question now is who did it? A total of 69 witnesses have testified.

But the testimonies are contradictory...

Yes. Our duty is to accommodate all the testimonies and find the closest ones to the truth. The killers are there, we only have to prove it. For example, some witnesses say they saw Theys coming along, followed later by Aristoteles, shouting. But the body was found only the next day. So the testimonies were not about the killing itself. Yes, some were not telling the truth out of fear. But there were others who told the truth.

Are there among the witnesses people who are rivals within the Papuan Presidium?

I don't want to make a classification. That means a conflict, a political matter. That is a matter for the penyidik to determine.

Are there any differences between the findings of KPN and those of the penyidik?

We didn't have the findings from the police as the penyidik. KPN can only say it has found these facts and ask the police to follow up and take the necessary steps.

What about Theys' heart?

What's important are Theys' death records-how he died. From his parched lips one can conclude that he did not die a natural death.

So the heart is not important?

According to Pak Amarsin, no problem if you can't examine the heart. He told us the heart had been buried and we were not
allowed to examine it. Well, alright, we won't force ourselves to see it.

(According to daily Koran TEMPO, Thursday, April 11, Yaneke Ohee Eluay, Theys' wife, said that she had kept Theys' heart with her. She has no intention of surrendering it for examination by anyone except foreign investigators. She will bury it once the killers have been found-Ed).

When will the findings be delivered to the president?

Hopefully on April 21 on Kartini Day. The report consists of five chapters, beginning with the background of the killing, then the motive behind it.

Does economic background, such as a conflict over logging rights, play a strong part?

We consider everything. The logic may say so, but what about the facts?

Can KPN achieve its objective to the maximum?

That we will know after we have all the results. But if, during the court proceedings, Aristoteles shows up, then it will be a different story.

You seem to avoid the public when asked to go into detail. Any pressure from outside?

I didn't want to cause problems. I am an investigator, a penyelidik, not a penyidik. It's unethical for me to talk about
who the killers are. What's certain is whatever opinion I have, I always discuss it with the penyidik about who the perpetrators are. What's certain is that my opinion is discussed with penyidik and together we strongly argue about it. I know the public is confused, but so am I and more so. If I am a person who can't keep his mouth shut and talk, then I don't know what will happen to this country.

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Name:
Koesparmono Irsan, S.H., M.M., M.B.A.

Place and date of birth:

Pematangsiantar, North Sumatra, March 24,1940

Occupation:

- - Rector Bhayangkara University, Jakarta
- - Member National Commission on Human Rights
- - Lecturer Graduate Studies/KIK University of Indonesia
- - Commissioner PT Jasa Marga (Persero)
- - Commissioner Bank Maspion

Career:

- - Deputy Chief, West Sumatra Police
- - Director Investigation, National Police
- - Chief, East Java Police
- - Governor Police Academy
- - Deputy Operations, National Police