Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding recent developments in the official investigations into the tragic assassination of Indonesia’s most prominent and internationally renowned human rights lawyer, the late Mr. Munir Said Thalidin. Mr. Thalidin died of arsenic poisoning aboard a Garuda Indonesia Airways flight destined for Amsterdam on 7th September 2004.
On 3 October 2006, the Panel of Judges of the Supreme Court in Jakarta returned a verdict of ‘Not Guilty’ in the prosecution case against prime suspect, Garuda Airways Pilot Pollycarpus Budihari Priyanto, concerning charges of premeditated murder. Mr. Pollycarpus was however found guilty of falsifying the Garuda Airways work roster, and was sentenced to two years imprisonment.
This panel of judges included among others, the noted Iskandar Kamil SH (Chief), Atja Sandjaja SH and Artidjo Alkostar SH.
The Supreme Court’s ruling is radically different from that of the Central Jakarta District Court and the Jakarta High Court, both of which sentenced Mr. Pollycarpus Priyanto to fourteen years rigorous imprisonment on the combined charges of conspiring to commit premeditated murder and falsifying documents, on December 20, 2005 and March 27, 2006 respectively.
In an act of protest against the Supreme Court’s decision, the Committee on Solidarity for Munir held a press-conference on October 5, 2006, in which they openly criticized the investigative team led by Brigadier General Suryadharma, and called upon Indonesian President Susilo Bambang Yudhoyono to appoint a new investigative outfit with a stronger mandate and scope of duty. They also appealed to the Attorney General, Mr. Abdul Rahman Saleh, to conduct an official judicial review of the Supreme Court’s ruling, and strongly urged the Indonesian Parliament to exercise their parliamentary rights of Interpellation to formally question the conclusion of the late Mr. Munir’s case.
For more details, visit: http://kontras.org/index.php?hal=siaran_pers&id=411
The evaluation examination conducted by both the Central Jakarta District Court and the Jakarta Court between 20 to 23 May 2006, concluded that in the criminal investigations into Mr. Munir’s murder, and also in the subsequent criminal prosecution of the case, there was a highly inadequate application of domestic legislation and procedure.
The examination’s findings also pointed out that the rule of Judex Factie (a court decision based on hard fact, as opposed to the rule-of-law) was not applied in the consideration of the testimonial statements of the two primary witnesses, Ramelgia Anwar (Vice Corporate of Security for Garuda Airways), and Indra Setiawan (Director of Garuda Airways), and also made direct reference to a letter signed by both witnesses, which instructed Mr. Pollycarpus to pilot the 974 flight to Amsterdam, in which Mr. Munir would be traveling.
Additionally, it has been found that Mr. Pollycarpus had been in almost constant contact with Major-General Muchdi PR (Deputy of the Badan Intelijen Negera (BIN), a State Intelligence Body) prior to piloting the flight. Records show that Mr. Pollycarpus made over 41 calls to Mr. Muchdi’s mobile phone, his home telephone, as well as at his office at BIN.
Despite these recent findings, the Attorney General and the National Police have taken no steps to investigate the case further.
Mr. Munir’s supporters and family, who recently filed a 13 billion Rupiah (US$1.4 million dollar) lawsuit against the national carrier, Garuda Indonesia, over his murder, reportedly continue to be subjected to threats, intimidation and harassment by the police and political agents.
To see our previous Urgent Appeals regarding Mr. Munir’s case, please see:
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 Munir case.
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-139-2005: INDONESIA: Attack on supporters of Munir outside Jakarta court.
UP-159-2005: INDONESIA: Need for further investigation into 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 Munir’s case.
UP-184-2006: INDONESIA: The late Mr. Thalidin’s murderers remain at large, as official investigations take a turn for the worst)
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SUGGESTED ACTION:
Please write to the authorities listed below, expressing your grave concern with regard to the gross travesty of justice and judicial procedure that has been witnesses the criminal prosecution of Mr. Munir’s case. Please apply the necessary pressure on the Indonesian government and the relevant judicial and law-enforcement authorities to take the necessary steps to further investigate and pursue the recent findings of the Central Jakarta District and Jakarta High Courts. This investigation should be prompt, impartial and free from political interference.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ______________
INDONESIA: Hopes for Justice dashed in Munir's murder case, as Supreme Court finds prime suspect, Pilot Pollycarpus BP, not guilty.
Name of victim: Mr. Munir Said Thalidin; a prominent and internationally renowned human rights defender, and who was a very vocal critic of the Indonesian Government and the military for its human rights abuses both in East Timor and Indonesia.
Name of alleged perpetrators: Prime suspect Garuda Airways Pilot Mr. Pollycarpus Budihari Priyanto, Ramelgia Anwar (the Vice President of Corporate Security), Major-General Muchdi PR (Deputy of the Badan Intelijen Negera, a State Intelligence Body), and Yeti Susmiarti and Oedi Irianto, two Garuda Airlines crew members.
Date of incident: 7th September 2004.
Place of incident: Aboard Garuda Indonesia Airways flight 974 to Amsterdam.
I am writing to voice my deep concern regarding the recent conclusion of the prosecution trial of the prime suspect, Garuda Airways Pilot Pollycarpus Budihari Priyanto, in the murder case of Indonesia's most renowned and respected human rights defender, the late Mr. Munir Said Thalidin.
On October 3, 2006, the Panel of Judges of the Supreme Court in Jakarta returned a verdict of 'Not Guilty' in the prosecution case against prime suspect, Garuda Airways Pilot Pollycarpus Budihari Priyanto, on the charges of premeditated murder. Mr. Pollycarpus was, however, found guilty of falsifying the Garuda Airways work roster, and was sentenced to two years imprisonment.
The Supreme Court's ruling is radically different from that of the Central Jakarta District Court and the Jakarta High Court, both of which sentenced Mr. Pollycarpus Priyanto to fourteen years rigorous imprisonment on the combined charges of conspiring to commit premeditated murder and falsifying documents, on December 20, 2005 and March 27, 2006 respectively.
In an act of protest against the Supreme Court's decision, the Committee on Solidarity for Munir held a press-conference on the 5 October 2006, in which they openly criticized the investigative team led by Brigadier General Suryadharma, and called upon Indonesian President Susilo Bambang Yudhoyono to appoint a new investigative outfit with a stronger mandate and scope of duty. They also appealed to the Attorney General, Mr. Abdul Rahman Saleh, to conduct an official judicial review of the Supreme Court's ruling, and to the Indonesian Parliament to exercise their parliamentary rights of Interpellation to formally question the conclusion of the late Mr. Munir's case.
The evaluation examination conducted by both the Central Jakarta District Court and the Jakarta High Court between 20 to 23 May 2006, concluded that in the criminal investigations into Mr. Munir's murder, and also in the subsequent criminal prosecution of the case, there was highly inadequate application of domestic legislation and procedure.
The examination's findings also pointed out that the rule of Judex Factie (a court decision based on hard fact, as opposed to the rule-of-law) was not applied in the consideration of the testimonial statements of the two primary witnesses, Ramelgia Anwar (Vice Corporate of Security for Garuda Airways), and Indra Setiawan (Director of Garuda Airways), and also made direct reference to a letter signed by both witnesses, which instructed Mr. Pollycarpus to pilot the 974 flight to Amsterdam, in which Mr. Munir would be traveling.
Additionally, it has been found that Mr. Pollycarpus had been in almost constant contact with Major-General Muchdi PR (Deputy of the Badan Intelijen Negera (BIN), a State Intelligence Body) prior to piloting the flight. Records show that Mr. Pollycarpus made over 41 calls to Mr. Muchdi's mobile phone, his home telephone, as well as at his office at BIN.
Despite these recent findings, the Attorney General and the National Police have taken no steps to investigate these matters further. Mr. Munir's supporters and family, who recently filed a 13 billion Rupiah (US$1.4 million dollar) lawsuit against the national carrier, Garuda Indonesia, over his murder, reportedly continue to be subjected to threats, intimidation and harassment by the police and political agents.
I am absolutely appalled by this recent turn of events. The complete lack of coordination between the judicial courts at the district, provincial and national level, the constant failure on the part of the police force to adhere to proper procedures and the outright refusal of state intelligence agents to cooperate in official investigations are all telling signs of the desperate predicament in which justice and human rights in Indonesia finds itself. It also testifies to the total lack of respect among state institutions, agencies and actors for the rule-of-law in Indonesia. If this is the "justice" that is available for one of Indonesia's most prominent citizens, then one can only imagine what is available to the ordinary Indonesian citizen.
It is totally unacceptable for a State that was elected to the UN Human Rights Council in May of 2006 to so clearly flout human rights in this. Therefore I strongly urge you to take immediate steps to ensure that an official State review of the Supreme Court's recent ruling is conducted, and that the police authorities conduct further investigations in light of the recent findings made by the Central Jakarta District and Jakarta High Court examination in May 2006. In addition, I also believe that it is of the utmost importance to provide adequate protection and support to those among the late Mr. Thalidin's family and support-base who have been subjected to harassment and intimidation for their efforts to achieve justice.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND COPIES 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
