Theys Hiyo Eluay, Chair of the Papuan Presidium who was kidnapped and murdered on 10 November 2001 - Jubi

Theys Eluay belongs to Papuan people

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Theys Hiyo Eluay, Chair of the Papuan Presidium who was kidnapped and murdered on 10 November 2001 – Jubi

Corresponding with the Indonesian National Heroes’ Day, 10 November 2018, the family of the late Theys Hiyo Eluay, Chair of the Papuan Presidium who was kidnapped and murdered on 10 November 2001, announced a peaceful declaration.

The family represented by his son Yanto Eluay said the family already forgives the murderers and requested anyone not to use his father’s case as a political commodity.

Regarding the family’s declaration, the Head of Papua Representative Office of the National Human Rights Commission Frits Ramandey said the family should notice that Theys Eluay did not represent himself, but he acted as a leader of the indigenous community, a political leader of Papuan people. Meanwhile, the UN Human Rights Council acknowledge the rights of indigenous peoples, and at that time Theys Eluay was a leader of the indigenous Papuan community.

“But the family has forgiven the perpetrators. This act must consider as a way of family in criticising the country indirectly,” Ramanday told Jubi on Sunday (11/11/2018).

“Well, it seems they have their way to criticise the state and military. It has been 17 years after the death of Theys Eluay, and his family received a verdict from the court after 11 years. If now his family takes the initiative to apologise for the perpetrators, this might be their disappointment towards the country,” he said.

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Related to the law, according to the Article 1 Number 39 of 1999, human rights violations constitute every act of a person or a group of people including state apparatus who intentionally or unintentionally conduct violations including to neglect, disgrace, control, terminate or deny the rights of a person or a group of people guaranteed by law but it is worried that they could not  or have access to justice that included in the constitutional mechanism.

Besides this, Ramandey stated that the case of Theys should not be separated from Aristoteles Masoka’s because both are the cases of human rights violations: Theys was kidnapped and killed, while Masoka disappeared and never been found.

This apology does not mean aborting the case of Masoka. “In both cases, there’s an alibi. There is a plan, and then there is an order. Why has Komnas HAM not yet finished this case? It’s because the military has finished it in the military court. But it contains the elements of a crime that are planning and order to murder. “Therefore, Theys’s case cannot eliminate Aristoteles’ case,” he said.

On the other hand, Aristoteles’ father, Yonas Masoka regretted the decision of Theys family without telling the Masoka’s family. “The case is a package. Theys and Aristoteles were together in one car when the incident happened 17 years ago,” said Yonas Masoka in Kampung Harapan, Sentani Timur sub-district on Saturday (10/11/2018).

Masoka questioned a point in the declaration which states that the incident of killing and kidnapping occurred 17 years ago were no longer referred to human rights violations. He thought this statement already assumed that his son has already found, even though until now Aristoteles Masoka who was Theys driver at that time has remained undiscovered.

Previously pasificpos.com reported the declaration under the title “The Late Theys Eluay Family Forgives the Government of Indonesia” published on Sunday, 11 November 2018.

Masoka questioned a point in the declaration which stated that the incident of killing and kidnapping that occurred 17 years ago were no longer referred to human rights violations. He thought this statement already assumed that his son has already found, even though until now Aristoteles Masoka who was Theys driver at that time has remained unknown.

Previously pasificpos.com reported the declaration with the title “The Late Theys Eluay Family Forgives the Government of Indonesia” published on Sunday, 11 November 2018.

There are five points included in the declaration: the family object the death of their late father to be politicised and also states that Papua should not be separated from the Unitary State of the Republic of Indonesia; the family give their apology to all parties or individuals who involved both directly and indirectly in the incident of their late father Theys Eluay; the family also asked the public to not seeing the kidnapping and murder case of their late father as the human rights violations and should not be used this case as a political commodity.

Yonas Masoka stated he was confused and hence questioned the purpose of the declaration. Therefore, he said he would continue to seek justice for the loss of his son. For this reason, his family even came to meet with the Indonesian National Human Rights Commission in Jakarta and Papua for many times. However, he could not get a definite answer from these two state institutions.

He then thought that the peace declaration was part of a political commodity. “This is a political year. Let’s see what will happen after this,” he said.

Theys Eluay was found dead in his car mired in a ravine on Sunday, 11 November 2001 after disappearing for a day, while his driver Aristoteles has not yet been discovered.

The panel judges of the High Military Court III Surabaya convicted four Special Force soldiers who accused of the Theys Hiyo Eluay case. They are the former Commander of Tribuana Task Force X Lieutenant Colonel Inf. Hartomo, former Commander of Detachment Headquarters I Major Inf. Doni Hutabarat, former Operation Chief of First Lieutenant Inf. Agus Supriyanto, and Chief Soldier Achmad Zulfahmi who smothered Theys’s mouth three times.

Meanwhile, the panel judges chaired by Colonel CHK. AM Yamini convicted the lighter sentences to other three defendants, the former Captain Inf. Rinardo and First Lieutenant Asrial were sentenced to three years in prison, while Second Liutenant Lourensius prisoned for two years. (*)

Reporter: Timo Marten

Editor: Pipit Maizier

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