UPDATE (Indonesia): President must take firm steps to ensure investigation of Munir’s death follows court recommendations 

[RE: UA-164-2004: 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: State intelligence officers delay Munir investigation; UP-72-2005: Mandate of fact-finding team into Munir’s murder should be extended and made more effective; UP-83-2005: Police fail to follow up on fact-finding report into Munir case; President does not react to requests for monitoring of the investigation; UP-96-2005: Trial of Pollycarpus ignores fact-finding team reports; UP-125-2005: President and Parliament must audit the police investigation performance in Munir’s case; UP-139-2005: Attack on supporters of Munir outside Jakarta court; UP-159-2005: Need for further investigation in Munir case; UP-165-2005: Pollycarpus sentenced to 14-years imprisonment for murder of Munir]
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UP-042-2006: INDONESIA: President must take firm steps to ensure investigation of Munir’s death follows court recommendations

INDONESIA: Human rights defenders; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the progress in the case of the murdered Indonesian human rights activist, Munir Said Thalib. Although the accused, Pollycarpus Budihari Priyanto was proven beyond reasonable doubt to have committed premeditated conspiracy to murder, the court judgment noted that evidence during the trial proved he did not act alone. The court therefore urged the police to conduct a further investigation in order to uncover those ultimately responsible for the death of Munir. Nearly three months after the judgment however, little has been done to follow up the case by either the police or the prosecutor. Meanwhile, on 30 January 2006, Pollycarpus’ wife Yos Hera Indraswati appealed to the high court, where the legal process is currently ongoing.

According to the evidence presented during the trial, a few weeks before Munir’s murder, Pollycarpus had frequently (41 times) called a cell phone number registered to former National Intelligence Agency (BIN) deputy chief Muchdi Purwopranjono. In his testimony in court, Muchdi stated that he had lent his cell phone to subordinate officers and had no recollection of the calls. There has been no move by the Indonesian attorney general to reveal the content of these conversations, which is allowed under Law 39/1999 regarding telecommunications.

While President Susilo Bambang Yudhoyono instructed the police, prosecutors and intelligence officers to follow up the investigation after the verdict given on 20 December 2005, he refused to establish a new fact finding team.

Three members of parliament met with the Chief of National Police on February 14 and were disappointed to learn that there was no new information into the case.

Two days later, on February 16, former BIN deputy chief Muchdi Purwopranjono met with the Chief of the House of Representatives, Agung Laksono, to appeal for the parliament not to be “influenced by opinions from certain parties” linking him to the murder. He also threatened to press charges of criminal defamation against activists involved in Munir’s case, which is a common tactic used to harass and intimidate critical voices in Indonesia.

Additionally, the AHRC has also learnt from media reports that Muchdi met with Judge Cicut Sutiyarso, who was the chief judge presiding over Pollycarpus’ trial, on February 21. Muchdi wished to clarify his relationship with Pollycarpus as stated in the verdict, which Judge Cicut refused to comment on. The AHRC, as well as local human rights groups are gravely concerned by this matter, which casts doubt on the impartiality of the judiciary, particularly in a country where a culture of impunity is rife.

SUGGESTED ACTION:

Please write letters to the Indonesian government, urging them to take decisive action to reveal the truth surrounding Munir’s death. President Yudhoyono must give effect to his rhetoric by holding the relevant rule of law institutions accountable in their investigations. The parliament must continue to pressure the government and particularly the president to uphold their commitment to rule of law and human rights by ensuring justice in Munir’s case.