INDONESIA: Munir, three years on and no justice: Indonesian justice system stands indicted

It has been three years since the prominent human rights defender Munir Said Thalib was poisoned on a flight to Amsterdam operated by the state airline Garuda Indonesia.

Everyone boarding a plane would assume absolute safety, except for an unexpected crash, which is extremely rare nowadays. This was not the case for Munir, who decided to travel by the national carrier to enhance its image. His decision was a fatal one. Paradoxically, he was poisoned and killed allegedly by the staff of Garuda in collusion with the country’s state intelligence bodies, including the Bureau of National Intelligence (BIN).

Numerous legal twists and turns, an inability and unwillingness to conduct proper investigations and the tradition of impunity enjoyed by those in authority have all combined to create the present state of affairs – a case that has dragged on for three years. Another concern in Indonesia is that no person in authority is investigated and prosecuted in a transparent and effective manner. Impunity reigns supreme. Moreover, skills required for adequate investigations have never been developed. In addition, the problems in the country’s legal system have also not been sufficiently analysed and rectified. These factors constrain a genuine search for justice, particularly in cases where the state is implicated.

It is in this context that the enormous work undertaken by Munir’s widow, Suciwati, and the Indonesian groups Kontras and Kasum needs to be understood. Suciwati has been ably assisted by a number of human rights organizations and people who have traveled extensively to gather support for justice in her husband’s case. Her lobbying has drawn enormous support, and it has thus become impossible for the Indonesian government to remain obstinate in its stance of non-compliance or non-enforcement of the law.  This has affirmed the perception that even states cannot remain defiant to international pressure when it comes to justice. Calls for justice go beyond national boundaries.

While local and international pressure may have contributed to the review over the previous judgment, which is quite unprecedented, the perplexing question is, Will such massive advocacy be required for other cases to attain justice? Will the review of this case lead to a critical evaluation of the prosecution system itself? This latter question is in the minds of all.

The death of Munir, who fought valiantly for reform of the system that has provided impunity to the gross violators of human rights for decades, will not be in vain only if it contributes to reform of the justice system in Indonesia and institutions related to it. This will be the crowning glory that can be accorded to Munir: through his tragic death, the justice system in the country is reborn.

 

Document Type : Statement
Document ID : AS-219-2007
Countries : Indonesia,
Campaigns : Munir Said Thalib