Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the recent developments in the investigation and prosecutory trial of the murder of the late human rights activist, Mr. Munir Said Thalib. Munir died of arsenic poisoning aboard a Garuda Indonesia airways flight destined for Amsterdam on 7 September 2004.
UPDATED INFORMATION:
On 3 October 2006, the Supreme Court acquitted sole prosecutory suspect, Garuda Airways pilot Mr. Pollycarpus Budihari Priyanto of the charges of conspiracy to commit murder; a decision which created an uproar amongst Munir’s far-reaching support-base, his former activist colleagues, and his bereaved family. Pollycarpus was granted a three-month remission from his sentence and was officially released on 25 December 2006 on Christmas Day.
On 29 December 2006, Chief of National Police, General Sutanto, and Attorney General, Mr. Abdul Rahman Saleh, jointly decided to press for an official review of the Supreme Court’s ruling after a meeting with Indonesian President, Mr. Susilo Bambang Yudoyono and senior-ranking officers of the State Intelligentsia.
Apparently, Badan Intelijen Negera (BIN), the State Intelligence Body, have agreed to lend their full cooperation to the National Police during the course of fresh investigations, and have already submitted a transcript of telephone conversation records between Pollycarpus and Major General Muchdi PR (Deputy Head of BIN) to the police for investigation. It is very possible that Major General Muchi PR and former Chief of BIN, Mr. Hendropriyono could be summoned for police investigation.
It has been stated that a petition for an official review couldn’t have been filed earlier, as the Supreme Court’s judgment had not been made available to the Attorney General. Said Supreme Court Justice, Mr. Adi Andojo Soetjipto on the matter; “The Supreme Court’s decision to let Pollycarpus go free is final. However, the Attorney General’s office can file for a review if there is strong public opinion that the decision has harmed the court’s image”.
Munir’s widow, Ms. Suciwati has expressed her full support of this recent move by the Government. Ms. Suciwati is currently engaged in an ensuing legal battle with the national carrier Garuda Airways, who she alleges are responsible for her husband’s murder. Said Ms. Suciwati on the matter; ”The crew was negligent and failed to keep a proper watch over the food and beverages, which in fact led to Munir’s death. All of us should encourage the Police to continue working on the case. They need more confidence to find the mastermind”. An active and ardent campaigner for justice for her slain husband, Ms. Suciwati went on to say; “This country continues to maintain impunity for human rights violators, many of whom have never been convicted”.
Mr. Lukman Hakim, a member of the Law and Human Rights commission of the House of Representatives, has called for the findings of the presidentially-appointed fact-finding team to be made public. Mr. Hakim expressed confidence in the government to solve and settle Munir’s case, adding that it has all the necessary resources at its disposal. Mr. Hakim had this to say on the matter; “The police can use this momentum to prove their professionalism, as well as to show the general public that they can be objective and neutral in the midst of political pressure”. This remains to be seen.
In the meantime it is learnt that a team lead by Taufikurrahman Saleh which worked on Munir’s case from November 2004 to December 2006 released its findings to the House of Representatives during its plenary sessions, with a number of recommendations. The recommendations include the following;
1. The President establishes a new independent team to be lead by the Chief of the National Police, the findings of which are to be submitted to him. Failing which the parliament is to use its constitutional right or ‘angket’s right’ to get the President to seek the opinion of its members regarding the matter.
2. The President releases the report of the Fact Finding Team to the public and that it be used as the preliminary evidence to find the motive for the killing.
3. In case there are serious obstacles in resolving the murder case of Munir, the Chief of the Police to collaborate with the national institutions in seeking the assistance of international human rights institutions.
To see details of the progress of Munir’s case for the past two years, please refer to our previous appeals:
UA-164-2004: INDONESIA: The family receives death threats for demanding an impartial inquiry into the death of Munir
UP-30-2005: INDONESIA: 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: Mandate of fact-finding team into Munir’s murder should be extended and made more effective
UP-83-2005: INDONESIA: Police fail to follow up on fact-finding report into Manir case; President does not react to requests for monitoring of the investigation
UP-96-2005: INDONESIA: Trial of Pollycarpus ignores fact-finding team reports
UP-125-2005: INDONESIA: President and Parliament must audit the police investigation performance in Munir’s case
UP-159-2005: INDONESIA: Need for further investigation in Munir case
UP-165-2005: INDONESIA: Pollycarpus sentenced to 14-years imprisonment for murder of Munir
UP-042-2006: INDONESIA: President must take firm steps to ensure investigation of Munir’s death follows court recommendations
UP-085-2006: INDONESIA: High Court rejects appeal in Munirs case
UP-184-2006: INDONESIA : Munir’s murderers remain at large, as official investigations take a turn for the worst
UP-198-2006: INDONESIA: Hopes for Justice dashed in Munir’s murder case, as Supreme Court finds prime suspect, Pilot Pollycarpus BP, not guilty
UP-227-2006: INDONESIA: House of Representatives demand fresh investigations into the murder of Munir
SUGGESTED ACTION:
Please write to the authorities listed below, requesting that the judgment of the Supreme Court for the release of the prime suspect Pollycarpus Budihari Priyanto be reviewed, and that the investigations into Munir’s murder be reopened and enabled to continue without potential compromise and/or obstruction due to political interference.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDONESIA: Calls for official review of the Supreme Court’s acquittal of the prime suspect in Munir’s murder case
Name of victim: Mr. Munir Said Thalib; the prominent human rights defender, and vocal critic of the Indonesian government and the military for its human rights abuses both in East Timor and Indonesia
Those who are allegedly responsible:
1. Mr. Pollycarpus Budihari Priyanto: Prime suspect, Garuda Airways Pilot
2. Ramelgia Anwar: the Vice President of Corporate Security of Garuda Airways
3. Major-General Muchdi PR: Deputy of the Badan Intelijen Negera (BIN)- State Intelligentsia
4. Yeti Susmiarti and Oedi Irianto: Two Garuda Airlines crew members
Date of assassination: 7 September 2004
Place of assassination: Aboard Garuda Indonesia Airways flight 974 to Amsterdam
I am writing to voice my deep concern regarding the recent developments in the investigation and prosecutory trial of the murder of the late human rights activist, Mr. Munir Said Thalib. Mr. Munir died of arsenic poisoning aboard a Garuda Indonesia airways flight destined for Amsterdam on 7th September 2004.
On 3 October 2006, the Supreme Court acquitted sole prosecutory suspect, Garuda Airways pilot Mr. Pollycarpus Budihari Priyanto of the charges of conspiracy to commit murder; a decision which created an uproar amongst the late Mr. Munir’s far-reaching support-base, his former activist colleagues, and his bereaved family. Pollycarpus was granted a three-month remission from his sentence and was officially released on 25 December 2006 on Christmas Day.
On 29 December 2006, Indonesian President Mr. Susilo Bambang Yudoyono held a meeting with the Chief of National Police, the Head of the State Intelligentsia and Attorney General, Mr. Abdul Rahman Saleh, in which they decided to press for an official review of the Supreme Court’s ruling.
Apparently, Badan Intelijen Negera (BIN), the State Intelligence Body, have agreed to lend their full cooperation to the National Police during the course of fresh investigations, and have already submitted a transcript of telephone conversation records between Pollycarpus and Major General Muchdi PR (Deputy Head of BIN) to the police for investigation. It is very possible that Major General Muchi PR and former Chief of BIN, Mr. Hendropriyono could be summoned for police investigation.
It has been stated that a petition for an official review couldn’t have been filed earlier, as the Supreme Court’s judgment had not been made available to the Attorney General.
Mr. Munir’s widow, Ms. Suciwati has expressed her full support of this recent move by the Government. Ms. Suciwati is currently engaged in an ensuing legal battle with the national carrier Garuda Airways, who she alleges are responsible for her husband’s murder. An active and ardent campaigner for justice for her slain husband, Ms. Suciwati went on to say; “This country continues to maintain impunity for human rights violators, many of whom have never been convicted”.
While I applaud the initiative shown by the Indonesian government in pressing for the reopening of official investigations into Mr. Munir’s murder, I am nonetheless concerned that these investigations could fall prey to political interference and obstruction as has been the fate of so many cases in the past.
It is my understanding that under existing domestic legislation in Indonesia, a criminal investigation can be reopened under the conditions of “Novum”, which means that the prosecutor can only appeal for retrial on the basis of new evidence. Therefore, I strongly urge that you take all necessary measures in ensuring that the case be reopened and reviewed under the conditions of “Novum”, and that previously discounted evidence such as telephone conversation records between prime suspect Pollycarpus and high-ranking members of the State Intelligentsia be taken into consideration. I also strongly urge that the findings of the recently concluded investigation by the presidentially-appointed Fact-Finding Team be made public.
That Pollycarpus was released, despite his total lack of cooperation with official investigations reflects very poorly on the Indonesian Justice system. It is the responsibility of the Attorney General to ensure that all possible suspects in any criminal investigation make themselves accountable to the Law.
As I understand it, the Court is under no obligations to make public their judgment, even to the Attorney General. This is a clear contradiction of international legal protocol and a clear obstruction of justice. It is the supreme right of all parties to be informed of the Court Judgment; thus, I sincerely hope that you will take immediate steps in guaranteeing that these rights be protected under the Indonesian Court-of-law.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
———————
PLEASE SEND YOUR LETTER TO:
1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782
2. Mr. Agung Laksono
Chief of the Indonesian House of Representative
Gedung DPR/MPR RI
Jl. Gatot Subroto No. 6
Jakarta
INDONESIA
Tel: + 62 21 5715509; 5715344; 5715621
Fax: + 62 21 5714469, 5734389
3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
4. Mr. Abdul Rahman Saleh
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
5. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Uahi Utoyo Usman S.H.,
Menteri Kehkiman,
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095
6. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
