UPDATE (Indonesia): Mandate of fact-finding team into Munir’s murder should be extended and made more effective 

(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: State intelligence officers delay Munir investigation)

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the ineffective investigation into the death of human rights activist Munir. According to this information, the investigation has been delayed both because of a lack of cooperation from potential key witnesses and because of inaction by the Indonesian police.

Makhmud Hendropriyono and Major-General Muchdi Purwopranjono, two former high-ranking officials of the state intelligence body (BIN), have repeatedly ignored summons from the Fact Finding Team (TPF) established to assist the police investigation into the death of Munir, causing serious delay in the investigation. The delay is especially alarming because the mandate of the TPF will expire on 23 June 2005. In addition to this inaction, the police have not declared any new suspects in the case despite several recommendations from the TPF to do so.

Meanwhile, the widow of Munir, staff of the human rights organization Kontras and other human rights activists who had worked closely with Munir and who continue to demand an impartial and effective investigation into his case, have received various death threats, giving rise to fears for their safety.

The AHRC urges you to write to the relevant Indonesian authorities and demand that all necessary steps are taken to ensure a speedy, complete and thorough investigation into the causes of Munir’s death. We especially urge you to demand an extension of the TPF’s mandate and that pressure be placed on the police to accept the recommendations of the team.

Moreover, pressure needs to be put on the authorities to give adequate protection to Munir’s family and human rights defenders concerned with his case. In relation to this, it is necessary that the Victims and Witness Protection Bill, which is pending with the parliament, is finally enacted in order to give effective protection to victims and witnesses of human rights violations and other crimes.

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

Until now, the Indonesian police have officially declared three suspects in the murder of Munir. They are Garuda pilot Pollycarpus Budihari Priyanto, as well as Oedi Irianto and Yeti Susmiarti, both employees of Garuda. (See further: UA-164-2004, UP-30-2005, UP-47-2005)

While these persons are official suspects, those who are responsible for planning and executing Munir’s murder have yet to be found. Two former high-ranking intelligence officers, Abdullah Makhmud Hendropriyono and Major-General Muchdi Purwopranjono are potentially important witnesses in this respect. Muchdi, who held the position of the fifth Deputy of the State Intelligence Body (BIN) at the time of Munir’s death, should be questioned because there had been repeated contact between his mobile and office phone and the mobile phone of suspect Pollycarpus. This has been revealed by documents that the presidential Fact Finding Team (TPF) obtained from the Indonesian telecommunications company Telkom. As the former head of BIN, Hendropriyono holds ultimate responsibility for the actions of the agency’s officials.

The TPF sent letters to Hendropriyono and Muchdi on 31 May, 7 June and 9 June 2005, to call them for questioning on 6 June, 9 June and 16 June 2005 respectively, but these have been ignored. On June 20, the President of Indonesia publicly expressed his concern about the non-compliance of Hendropriyono. Although the AHRC welcomes this effort, more pressure needs to be put on these witnesses in order to ensure that they fulfill the TPF’s requests.

Moreover, the police have failed to cooperate with the TPF. According to a source inside the TPF, the team has assembled enough facts suggesting a conspiracy to murder Munir that involves BIN officials as well as senior employees of the Garuda airline. On the basis of these facts, the TPF has recommended the police to declare as suspects more persons apparently involved in Munir’s murder. However, the police have consistently ignored these recommendations. Pressure needs to be put on the police to consider the facts assembled by the TPF and take its recommendations seriously in order to ensure a speedy and thorough investigation.

The stalling of the investigation due to the lack of cooperation from Hendropriyono and Muchdi and the lack of support from the police is especially alarming since the mandate of the TPF will expire on 23 June 2005. The TPF was originally formed per presidential decree to assist the slow and reluctant police investigation into the murder of Munir. When its mandate expires, there is no reason to believe that the police are going to conduct a more thorough investigation than it did before the TPF was created.

It is therefore crucial that an independent investigation into Munir’s murder continues. However, the lack of cooperation from the police suggests that the TPF does not have the necessary authority to ensure a thorough investigation that leads to the prosecution of the perpetrators. It is therefore necessary that the president takes direct responsibility to ensure a thorough investigation into the murder of Munir and a fair trial of its culprits. 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, in order to ensure that justice is being done in accordance with the law. Such a body 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 before a court of law.

Meanwhile, Munir’s family as well as other persons who had been close to him, have received various death threats. Suciwati, the widow of Munir, recently received a letter that threatened she would be murdered soon. A staff member of the Commission for the Disappeared and Victims of Violence (Kontras), which was established by Munir, was threatened with kidnapping and murder in anonymous phone calls on 19 May and 23 May 2005. The calls were made to her home and received by her father and younger brother. The caller insulted the staff member for allegedly betraying Indonesia’s national unity and for the Kontras cause. Although both Suciwati and the staff of Kontras promptly reported the threats to the police headquarters, no action has been taken so far.

On 25 May 2005, a letter was received by the Indonesian Association of the Families of the Disappeared (IKOHI – Ikatan Keluarga Orang Hilang Indonesia), an organization closely related to Kontras. In the letter it was threatened that Mugianto, chairperson of IKOHI, Usman Hamid, Coordinator of Kontras and member of the TPF, as well as Abdul Hakim Garuda Nusantara, chairperson of the National Human Rights Commission, and Thobi Mudis, president of the Trisakti university would be killed within fourteen days. The sender of the letter identified himself as M. Julfikar and called himself a “Defender of the New Order”.

The AHRC is greatly concerned about the persons under threat. The Indonesian police have to ensure their adequate protection and conduct a thorough investigation into the origins of those threats. In relation to this, pressure must be put on the Indonesian government to finally adopt the Draft Law on Victims and Witness Protection, which has been pending in the Indonesian parliament since last year.

SUGGESTED ACTION:
Please send a letter, fax or email to the Indonesian president, urging him to establish a new body monitoring the investigation into Munir’s murder as well as the prosecution and trial of those responsible for it. Moreover, the president has to pressure the police to ensure the protection of the above mentioned persons under threat, and push for the prompt adoption of the Victims and Witness Protection Bill.

In a second letter, please urge the government authorities listed below to ensure a complete investigation into the murder of Munir as well as a fair trial of those responsible for it.

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