Theys killing: Appeal to Megawati 

A joint appeal, by :

Sekretariat Keadilan dan Perdamaian Keuskupan Jayapura (SKP Jayapura) Lembaga Studi dan Advokasi Hak Asasi Manusia Papua (ELSHAM Papua) Lembaga Bantuan Hukum Jayapura (LBH Jayapura) Komisi untuk Orang Hilang dan Anti Kekerasan Papua (KONTRAS Papua)

To: the President of the Indonesian Republic, Ibu Megawati Soekarnaputri

Re: the case of the abduction and slaying of Theys Hiyo Eluay and the enforced disappearance of Aristoteles Masoka.

Greetings,

After observing and studying the developments concerning the revelation up of facts in the case of the abduction and slaying of the Chairman of the Papua Council Presidium (PDP), Theys Hiyo Eluay, and concerning the disappearance of his driver, Aristoteles Masoka, we on behalf of four humanitarian foundations in Papua have come to the following conclusion:

1. All components of the community in Papua (the Governor, House of Representatives, religious institutions, NGOs, traditional leaders, Presidium of the Papuan Council, among others) have demanded repeatedly 
[a] an independent team to bring the facts into the open; 
[b] an independent team that has legal authority and that is professional and credible, and
[c] the results of the investigation to be made public and transparent. 

2. An investigation into the abduction and slaying of the PDP Chairman and the enforced disappearance of his driver has been professionally done by the regional Police in Papua, but this investigation has also shown the limits of their authority and capacity to bring the complete roots of the problem into the open.

3. The forming of a National Investigation Commission (KPN) as ordered in the Presidential Decree No. 10, 2002 factually contradicts the national legal system, as the aforementioned Commission fails to have a formal legal base in the national law (KUHAP and KUHP).

4. The conclusion by KPN which states that “KPN has not yet found strong indications of a gross violation of human rights” shows that [a] KPN has already failed in its duty to get the truth concerning the root of the problem openly expressed and to get it verified in court and that [b] KPN at the same time has interfered with the authority of the National Commission for Human Rights as stipulated in Paragraph 18, Article 1 and 2 of the Law on Human Rights Court (UU No. 26/2000).

5. The conclusion by KPN which states that “KPN has not yet found facts or evidence concerning the background and the motives for the murder” proves the weakness of the KNP’s legal authority. The Papuan community has been aware of this weakness of the KPN from the very beginning, and therefore feared that the whole complex matter of the abduction and slaying of the PDP Chairman as well as the enforced disappearance of his driver would be reduced to an ordinary crime case.

6. Without an initial idea about the background and motives behind the abduction, the slaying and the enforced disappearance, any further investigation that still will be done by a military institution (PUSPOM TNI) only will focus on a very small part of the truth in this case. It will focus only on those who carried out the deeds and not those who
commisioned them. There are strong indications that the nation’s own State Institutions have been involved in the case.

7. The KPN recommends that further investigation procedures should be handed to the military (Puspom TNI) and that “the whole judicial process including the court sessions should be organised in Papua as soon as possible”. These two elements of recommendation prove the inconsistency in the KPN’s vision and contradict the military legal system that regulates all the procedures.

8. All the investigation done by various national institutions finally only leads to the conclusion that the truth in the case of abduction and slaying of the PDP Chairman as well as of the enforced disappearance of his driver will not be brought into the open. Besides that the whole national legal system will be damaged in order to serve the vested interest of certain national institutions.

9. As a consequence, the government suffers additional lost of credibility in the eyes of Papuan society, and a still more worrying situation of potential conflict at grass roots level will be the result - as the situation is already affected by issues surrounding the presence of Laskar Jihad, the presence of Barisan Merah Putih (an organisation close to nationalistic militias), and other sensitive problems.

Considering the elements mentioned above, the four humanitarian foundations in Papua urge President Megawati to respect the UUD 1945, especially Amendment II, Paragraph 28 I, Article 4 which stipulates that “protection, respect, guarantee and fulfilment of basic human rights is a responsibility of the nation, especially of her government” and to take appropriate and wise action as follows: 

1. Guarantee the protection of and effective security for the Papuan people who live more and more in fear of their lives. 

2. Request the National Commission for Human Rights to set up a Commission for Investigation into Human Rights (KKP HAM) consisting of people who are credible, professional, and who possess the authority to bring into the open the complete truth in relation to the Theys H. Eluay and Aristoteles case.

3. Invite and give legal access at all levels to the UN Rapporteur on extrajudicial, summary, or arbitrary executions, and to the Working Group on enforced or involuntary disappearance of the Commission on Human Rights to co-operate effectively with the KPP HAM in investigating the case of the abduction and slaying of Theys H. Eluay and the disappearance of Aristoteles Masoka.

This is our request and we thank you, Madame President, for all the attention given to it.

Jayapura, 10 May 2002

Yohanis Bonay SH
Director ELSHAM Papua

Theo van den Broek OFM
Director SKP Diocese Jayapura

Demianus Wakman SH
Director LBH Papua

Pieter Ell SH
Co-ordinator KONTRAS Papua

Copies to:
1. Governor of Papua in Jayapura
2. Chairman of the House of Representatives of the Province Papua in Jayapura
3. chairman of the National Commission for Human Rights in Jakarta
4. Religious Leaders in Papua
5. Presidium Papua Council in Jayapura
6. UN Special Rapporteur on extrajudicial, summary, or arbitrary executions in Geneva
7. The Working Group on Enforced or Involuntary Dissappearance of the Commission on Human Rights in Geneva
8. Network of the four humanitarian foundations