For more than 8 months, Apinus and Luther's names have been on a missing persons information leaflet. The physical information related to the two is printed on A3 sized paper affixed in a public area along Jalan Supaga, Intan Jaya Regency, Papua. “The family wrote down their characteristics and posted a photo. Now we are still looking for it, ”said Agium, not his real name, to Jaring.id by telephone on Thursday, November 12, 2020.
Apinus and Luther are young men aged 22 and 23 years. They come from the Zanambani fam - a clan in Papua who is also the last name of Pastor Yeremia, Chairperson of the Hitadipa Indonesian Gospel Tent Church (GKII) in Intan Jaya. On Saturday afternoon, 19 September 2020, Pastor Jeremiah was found dead. He was allegedly killed by Indonesian National Army (TNI) troops. Meanwhile, two of his nephews have disappeared since April 21, 2020.
Before Pastor Jeremiah died, according to Agium, he had questioned the whereabouts of Apinus and Luther to officers at the Sugapa Koramil. Pastor Yeremia received news that the two of them were taken by a number of members of Yonif Rider 433 JS Kostrad from the Paniai District Military Command (Kodim) region while they were at Jalan Sugapa. The soldiers were said to be wearing full service clothing, flak vests, helmets, and carrying long-barreled firearms. "The distance between the arrests and the army post was about 200 meters. They just use the road, ”said Agium, repeating the testimony of two people who saw the arrest of Apinus and Luther.
However, at that time Pastor Jeremiah was unable to bring his nephew home. A number of TNI personnel who were questioned did not budge. "If he is still alive, where will their position be for the family to look for. If you die, where will you be buried? " asked Pastor Jeremiah as quoted by Agium.
Two weeks later, the commander of the Nabire Military Command, Lt. Col. Inf. Benny Wahyudi summoned the Zanambani family to Koramil Sugapa. Agium was one of 15 people who met Benny. From the 30-minute meeting, Benny admitted that it was his party who arrested Apinus and Luther. The two were arrested because they did not carry identity cards (KTP) and did not speak their names honestly, so they were suspected of being part of an armed criminal group (KKB). "Dandim explained the arrest from his unit," said Agium.
Even so, the TNI claimed to have released both of them on the same day at around 18.30 WITA. The two have never returned since. "We have a conclusion, they are no longer alive," said Agium to Jaring.id.
Starting at the end of last November Jaring.id tried to confirm the news of the disappearance of two people from the Zanambani family. Telephone calls and short messages sent to the Indonesian Army and the Indonesian Military Headquarters, Maj. Gen. Achmad Riad, have not been answered.
The fog that covered Apinus and Luther's whereabouts began to clear after the Commander of the Army Military Police Center (Danpuspomad), Lt. Gen. Dodik Widjanarko, exposed the case on Wednesday, December 23, 2020, or 8 months after they disappeared. The Military Academy graduate in 1985 confirmed that the army was behind the killings of the two. "Kostrad's 433 Para Raider Battalion Unit when carrying out sweeping. DIf they are suspected of being an Armed Criminal Group or KKB, then the two people will be interrogated at Koramil Sugapa Kodim Paniai, "said Dodik in a press statement delivered at the Puspom AD Jakarta Building, Wednesday, December 23, 2020.
During the interrogation process, the soldiers tortured the two of them until Apinus's life was lost. Meanwhile Luther was critical before dying in a yellow truck with police number B9745PGD when he was about to be taken to the Tactical Command (Kotis) Yonif PR 433 JS. "In the middle of his journey Luther Zanambani died," said Dodik.
To erase the traces of violence and killings, TNI members then burned the bodies of Apinus and Luther before pouring the ashes into the Julai River, Hitadipa.
Puspomad has examined 19 soldiers of the Indonesian Army, including the Zanambani family. Among them are Enius Zanambani and Jaya Zanambani. From this examination Mapuspomad named 9 soldiers as suspects. They are the Major of Inf ML and the FTP officer who is assigned to the Paniai Kodim. While the rest are members of the Kostrad 433 Pararider Infantry Battalion, namely Major Inf YAS, Lettu Inf JMTS, Serka B, Sertu OSK, Sertu MS, Serda PG and Kopda MAY.
They face a 12-year sentence for violating Article 170 (2) of the Criminal Code (KUHP). In addition, Mapuspomad also charged the suspects with Article 351 (3), Article 55 (1), Article 181 of the Criminal Code and Article 132 of the Military Criminal Code. "It will be processed in a transparent, thorough and nothing is covered up," said Dodik.
The Zanambani family, through their attorney, Yohanis Mambrasar, hopes that the Apinus and Luther murders will be brought to the adhoc Human Rights Court. According to him, legal cases in the form of confinement, torture, murder and attempts to hide cases are crimes against humanity. Apart from causing death, he said, the military operation in Papua had resulted in mass fear, so that not a few of the residents had fled.
This is important to do considering that the settlement of cases in Military Courts tends to be closed. Referring to the records of the Commission for Missing Persons and Acts of Violence (Kontras) throughout 2020, at least out of the 196 cases that succeeded in entering the Military Court, only 114 general crimes were tried by the Military Court. These cases range from drugs, fraud, embezzlement, domestic violence, decency and others with a majority sanction of under one year.
"The legal process will not touch all the perpetrators, and it will also bring up the events clearly and correctly," said Yohanis in a statement received by Jaring.id, Wednesday, December 23, 2020.
Yonais referred to Article 9 Junto Article 7 letter b of Law Number 26 Year 2000 regarding Human Rights Courts. In this law, it is stated that a Human Rights Court can be held when there is systematic and widespread violence. “Indonesia already has legal instruments to process the law of these cases. The state should obey its laws by encouraging these cases to be resolved in the Human Rights Court, "said Yohanis.
In line with Yohanis, Amnesty International's Executive Director in Indonesia, Usman Hamid urged the TNI to comply with Law Number 34 of 2004 concerning the TNI. Article 65 of the law allows trials to be conducted outside military courts.
"Impunity among military members must be ended. If they persist in using Law Number 31 of 1997 which was drafted during the New Order era, that is tantamount to continuing the old system which had been a mechanism of impunity. " said Usman Hamid in a press statement received by Jaring.id Thursday, December 24, 2020.
Amnesty International regrets the extrajudicial acts committed by the TNI in Papua. According to Usman, the TNI cannot base a person's arrest and detention only on suspicion without sufficient initial evidence. Legal action needs to be based on the rules of the Criminal Procedure Code (KUHAP).
Throughout 2020 Amnesty recorded 20 cases of extrajudicial killings in Papua. In Intan Jaya, there are at least four cases, including the burning of the Health Office house in Hitadipa, the disappearance of two people named Luther Zanambani and Apinus Zanambani, violence and the murder of Pastor Yeremia Zanambani and the shooting of the Catholic Church Shepherd around Sugapa Airport. Amnesty asks the government to seriously resolve human rights violations in eastern Indonesia. "For a long time, the families of victims of human rights violations in Papua have been waiting for justice," he said.
Amnesty urges the government to carry out rehabilitation and restoration of the rights of victims' families during the investigation, trial process, so that the families receive guarantees of recovery and safety, "and ensure that it does not happen again." Usman said.
Deputy Chairperson of the Witness and Victim Protection Agency (LPSK), Edwin Partogi, ensured that his agency would assist victims' families in the legal process. According to him, the victim's family was still afraid and traumatized. They also lack confidence in the current legal process. "We have decided to provide protection to victims and witnesses," said Edwin when contacted by Jaring.id by telephone, Friday, December 25, 2020.Abdus Somad)