[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; UP-042-2006: INDONESIA: President must take firm steps to ensure investigation of Munir’s death follows court recommendations]
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UP-085-2006: INDONESIA: High Court rejects appeal in Munirs case
INDONESIA: Human rights defenders; impunity; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to you with updates regarding the case of the murdered Indonesian human rights activist, Munir Said Thalib.
It has now been learned that the High Court, on 27 March 2006, rejected the appeal of the accused, Pollycarpus Budihari Priyanto, thus upholding his 14 year sentence after it was proved beyond reasonable doubt that he committed premeditated conspiracy to murder (dossier no. 16/Pid/2006/PT.DKI). Accordingly, the dossier has now been delivered to the District Court for the next process in this case which allows for either the defendant (Pollycarupus) or the Attorney General to appeal in the Supreme Court. Though yet to be officially confirmed, Pollycarupuss wife has stated that her husband will now appeal to the Supreme Court. In the meantime, Pollycarpus remains detained and it is believed will continue to be so until the new appeal is heard before the court.
The AHRC remains concerned that despite the court ruling that Pollycarpus jointly committed premeditated murder and jointly committed in falsifying a letter, little action has been taken by the police or the prosecutor to investigate those ultimately responsible for the death of Munir. Despite the court having called for such an investigation, nearly four months have now passed since that request and yet Pollycarpus remains the sole defendant in this case.
When Munirs wife, Suciwati and Kasum, an organisation looking into Munirs case met with the Head of the Criminal Division of the Indonesian Police and the Attorney General, the Head of the Criminal Division and the Attorney General assured them that they would meet with them on a weekly basis to map the progress of this case. These meetings, however, cannot be considered an appropriate substitute for a proper and independent investigation into other persons allegedly involved in Munirs death.
SUGGESTED ACTION:
Please write a letter to the relevant authorities listed below urging them to take action to ascertain the truth surrounding Munirs death.
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SAMPLE LETTER
Dear _________,
INDONESIA: High Court rejects appeal in Munirs death
I have recently learnt of new developments in the case of murdered Indonesian human rights activist, Munir Said Thalib. These include the High Court rejecting the appeal of the accused, Pollycarpus Budhari Priyanto, thus upholding his 14 year sentence and the allegation that he will now appeal to the Supreme Court.
While I welcome the High Courts decision in rejecting Pollycarpuss appeal, I remain concerned by other elements of this case including the failure to further investigate others implicated in Munirs murder. The High Court judgment noted that evidence during the trial proved that Pollycarpus 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. Yet despite this, nearly four months have now passed since that request and Pollycarpus still remains the sole defendant in this case.
Given that Pollycarpus was ruled to have acted jointly in murdering Munir, it is essential that the police and the prosecutor exhaust all means to further investigate this case and question all persons likewise implicated in Munirs murder. Of paramount importance is that the telecommunication records of Muchdis phone conversations with Pollycarpus be revealed, which is allowed under Law 39/1999.
I am also aware that when Suciwati and Kasum, an organisation looking into Munirs case met with the Head of the Criminal Division of the Indonesian Police and the Attorney General, the Head of the Criminal Division and the Attorney General assured them that they would meet with them on a weekly basis to map the progress of this case. These meetings, however, cannot be considered an appropriate substitute for a proper and independent investigation into other persons allegedly involved in Munirs death.
Until the authorities treat this case with the seriousness it deserves and until all those responsible for Munirs death are prosecuted and punished accordingly, justice will continue to evade a man who gave his life for the rights of others.
Yours sincerely,
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PLEASE SEND YOUR LETTERS 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 Indonesia 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
Email: postmaster@kejaksaan.or.id
5. Prof. Dr. Bagir Manan
Chief Justice
Supreme Court
Jalan Merdeka Utara No. 11 – 13
Jakarta Pusat 10110
INDONESIA
Tel: +62 21 3811957 / 345 2223
Fax: +62 21 381 0357
6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: 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)
E-mail: MChingSimon@ohchr.org
7. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)