UPDATE (Indonesia): Police fail to follow up on fact-finding report into Munir case; President does not react to requests for monitoring of the investigation 

(RE: UA-164-2004: INDONESIA: The family receives death threats for demanding an impartial inquiry into the death of Munir; UP-30-2005: Unveiling of suspect in Munir’s death may end further inquiries; UP-47-2005: INDONESIA: State intelligence officers delay Munir investigation; UP-72-2005: INDONESIA: The mandate of the fact-finding team investigating Munir’s murder has to be extended/Family of Munir and human rights defenders receive death threats)

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information from sources in Indonesia regarding the investigation into the death of human rights activist Munir Said Thalib.

According to this information, the Indonesian police have formed an investigation team which is supposedly tasked with following up on the TPF’s findings. While this step is welcomed, it is now imperative that the new team begins an impartial and effective investigation immediately.

Considering the poor performance of the police so far, as well as the questionable reputation of the Indonesian Attorney General and judiciary, it is important that in order to bring justice to Munir and those affected by his loss, an independent body is established to monitor the judicial process in the case from investigation through to the verdict. Although this demand has been raised to him by human rights groups, the president has thus far failed to respond to it.

The AHRC asks for your intervention by writing to the relevant Indonesian authorities to demand that all necessary steps are taken to ensure a speedy, complete and thorough investigation into the causes of Munir’s death, as well as an impartial and effective prosecution and trial.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

The new investigative team was established by chief of police Gen. D’ai Bachtiar during the week after the mandate of the fact-finding team (TPF) expired. The TPF was established per presidential decree 111/2004 in order to assist the reluctant police investigation (See further: UA-164-2004, UP-30-2005, UP-47-2005, UP-72-2005). The new police investigation team is chaired by Police Brig.-Gen. Marsudhi Hanafi, who is also the former head of the TPF.

According to human rights activists in Indonesia, it is now imperative that the police team begins its investigation based on the TPF-report immediately, names new suspects on the basis of the report and uses its investigative authorities to coerce hitherto uncooperative persons who are seemingly involved in the murder, such as former intelligence-officials Hendropriyono and Muchdi PR, to give evidence to the investigators. So far, this has not happened. Although the report of the TPF strongly suggests a conspiracy to murder Munir, which involves high-ranking intelligence officials as well as executive employees of Garuda, the airline aboard whose plane Munir was poisoned, the police have failed to name any new suspects in the case. The three suspects that have been named so far – Pollycarpus Priyanto, Oedi Irianto, and Yeti Susmiarto – are low-level employees of Garuda and it is feared they are being used as scapegoats to distract attention from higher-ranking persons responsible for the planning of the murder.

At the same time, relevant institutions and figures, such as the president and, in the case of Muchdi and Hendropriyono, the head of the state intelligence body (BIN), have to pressure reluctant witnesses to cooperate with the investigation.

Although Indonesian human rights activists view the team as a positive sign from the police, the ten months of reluctant investigation and failure to cooperate with the TPF cannot be ignored. In order to ensure a speedy, thorough and impartial investigation into Munir’s murder, the president of Indonesia has been urged to establish an independent monitoring body that acts as a check on the police. This body should also monitor the performance of the prosecution and the jurisprudence once the case is on trial, in order to ensure that those responsible for the murder are brought to justice in accordance with the law.

SUGGESTED ACTION:
Please send a letter, fax or email to the Indonesian president, urging him to establish a body monitoring the investigation into Munir’s murder as well as the prosecution and trial of those responsible for it.

In a second letter, please urge the authorities listed below to ensure that the investigation follows up on the TPF-report, that witnesses cooperate with the investigation, and that those responsible for the murder of Munir are brought to justice.

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Sample letter to the Indonesian president:

Dear Mr. Susilo Bambang Yudoyono,

Re: INDONESIA: Police investigation into Munir’s murder should be monitored by presidential body

I am writing to you with regards to the police investigation into the murder of well-known and widely respected human rights activist Munir Said Thalib.

While I appreciate the formation of a new police investigation team into the case, I am disappointed with the performance of the police thus far. In the last ten months since Munir’s death, the police have failed to support the TPF, have not summoned key witnesses from the state intelligence body (BIN), and have not officially declared suspect any person, e.g. from BIN or Garuda, who is believed to be involved in the conspiracy to murder Munir. Such a conspiracy is strongly suggested by the findings of the fact-finding team (TPF) that you established last year to assist the poor police investigation. The three suspects that have been named so far – Pollycarpus Priyanto, Oedi Irianto, and Yeti Susmiarto – are low-level employees of Garuda and it is feared they are being used as scapegoats to distract attention from higher-ranking persons responsible for the planning of the murder.

Now that the mandate of the TPF has expired, I have no reason to believe that the police will conduct a more thorough and impartial investigation than before. Moreover, I am concerned that the performance of the prosecution and jurisprudence will be equally poor if it comes to a trial of persons suspected to be responsible for the murder. Therefore, I strongly urge you to ensure that the police conduct a thorough, speedy and impartial investigation into the causes of Munir’s death and that those responsible are brought to trial. This could be done by establishing a presidential body that monitors not only the police investigation into the murder, but also the subsequent actions taken by the public prosecutor and the courts. It should not be limited in time, but be mandated to monitor the whole judicial process in Munir’s case until those ultimately responsible for his murder have been found and tried in accordance with the law.
I look for your immediate intervention into these matters.

Sincerely yours,

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SEND A LETTER TO:

Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782

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