On 16 July 2024, the Indonesian military shot dead Mr Tonda Wanimbo, Mr Yotenus Wonda, and Mr Dominus Wonda in the Mulia District, Puncak Jaya Regency, Papua Pegunungan Province (see photo on top, source: independent HRDs). All three men, respected figures in their community, died at the scene as a result of gunshot wounds inflicted by members of the joint Military Task Force 753 from the Maleo and Elang military units. Failed negotiations between local military representatives and relatives demanding justice for the victims triggered a spontaneous outbreak of horizontal violence against non-Papuans living in the area, costing the lives of one non-Papuan and leaving three others injured.
Almost three months passed after the killing, but the Indonesian military has not undertaken efforts to investigate the allegations of unlawful killings by members of the Joint Military Task Force 753 from the Maleo and Elang military units. In addition, the military refused to withdraw its statement that the three victims were affiliated with the West Papua National Liberation Army (TPNPB) and apologise to the victims’ relatives.
Instead of pursuing legal justice, the Puncak Jaya Regent settled the case by paying a compensation payment of 7.5 billion rupiah (about € 435.783,75) from the communal budget. This decision was justified as adhering to local customs among Papuan indigenous groups of paying fines for incidents resulting in deaths. The local government framed this as a necessary measure to maintain security and stability in the region, especially in light of upcoming local elections.
Professor of the Faculty of Law at the University of Cenderawasih, Prof Melkias Hetharia SH MH, said that it is not right if security considerations are used as an excuse to resolve cases of violence through the payment of customary fines. Hetharia criticised the use of the local government budget to pay customary fines in resolving cases of violence allegedly committed by TNI soldiers. Hetharia said that if the violence was committed by TNI soldiers, the fines should have been paid using their agency’s budget.
This extrajudicial settlement raises serious concerns about impunity for human rights violations. HRM understands the payment of compensation by the local Government as an attempt to:
- Avoid military accountability: The soldiers responsible for the initial killings are not being held accountable through proper legal procedures. Instead, the local government is using public funds to essentially “pay off” the consequences of their actions. In most cases, such compensation payments according to the Indigenous customs are used to avoid claims for justice from relatives to avoid a legal process against the perpetrators. The settlement bypasses the formal justice system, potentially setting a dangerous precedent for handling serious human rights violations;
- Misuse of public funds: According to indigenous customs, the compensation payments should be paid by the party causing the death and not by a third party. If the killings were committed by TNI (military) soldiers, the compensation should come from the military’s budget, not local government funds. The use of public funds to compensate for deaths caused by the military constitutes a misuse of public funds;
- Avoid public attention on the issue: Attempts by journalists to get comments from military officials have been unsuccessful, raising questions about transparency and accountability regarding the settlement of the case by the law.
The case highlights a troubling pattern of impunity for security forces in West Papua, where human rights violations are settled through informal means rather than through proper legal channels, potentially perpetuating a cycle of violence and injustice.
