Head of Jayapura Military Court, Lt. Col. CHK Adil K., said in the capital city of Papua on Thursday the four TNI soldiers were from the Pam Rahwan Yonif 753 Arga Vira Tama Taskforce unit, and that the incident took place in Tingginambut district, Puncak Jaya regency.

“They are charged with Article 103 of the Military Criminal Code on rejecting and exceeding orders, as well as persuading [others] to reject orders,” Adil told reporters.

Lt. Col. Ind Soesilo, spokesman of the Cenderawasih Military Command (CMC), which oversees Papua and West Papua, said the soldiers had abused their superintendent’s order by doing more than instructed.

“TNI has never ordered its soldiers to commit [such] acts of violence. The perpetrators must thus be processed.”

Soesilo added that the CMC investigated the case after the release of the first video, uploaded by Hong Kong-based Asian Human Rights Commission on YouTube mid October.

In Jakarta Defense Minister Purnomo Yusgiantoro said the soldiers were to be brought to martial court as the new law on the military court was not yet in effect.

“Besides, [the soldiers] were on a military operation”  when the torture took place, he told reporters. “And remember, the soldiers had a gunfight.”

Purnomo added the soldiers had been excessive in their questioning of the Papuans, who were alleged supporters of the Free Papua Movement (OPM).

“We can no longer use a security approach in dealing with Papua. We have to use a welfare approach,” he said. “That is why we have special autonomy status for Papua. We also provide them with a budget of
Rp 12 trillion [US$1.3 billion] per year. With a population of about 3 million people, Papuans have quite a high income per capita.”    

Purnomo said such excessive action was not part of the TNI’s systemic approach, adding that American soldiers engaged in this practice although it was not part of the US system.

The Association of Indonesian Middle Mountains Students (AMPTI) expressed skepticism over the military tribunal, saying it was impossible for the legal process to move that fast and the victims would not likely be presented at court.

“The trial will be a mere play in the lead up to President Barack Obama’s visit to Indonesia, to say that the government deals seriously with cases of violence in Papua,” AMPTI secretary-general Markus Haluk  said.

However military observer Jaleswari Pramodhawardani, said the TNI’s “fast response” and confession should be commended.

Novan Iman Santosa contributed to the story from Jakarta.

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