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UPDATE (Indonesia): Need for further investigation in Munir case

December 6, 2005

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

6 December 2005

[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

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UP-159-2005: INDONESIA: Need for further investigation in Munir case

INDONESIA: Fair trial, Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of updated information we have received regarding the trial of Pollycarpus Budihari Priyanto, the defendant in the murder of human rights activist Munir Said Thalib in Central Jakarta District Court.

On 1 December 2005, the prosecutor Domu Sihite told the court that the defendant had been proven beyond reasonable doubt to have committed premeditated murder and falsified airlines documents. He therefore recommended a life sentence for Pollycarpus Budihari Priyanto.

Along with seriously considering the prosecutors call for a life sentence, the judge should also request further investigation into this case. This is particularly important so that those others who are allegedly involved in this case are also brought to justice.

This case has generated much international concern. Many within the international community have shown interest in this case, and hope that its outcome will improve the law and human rights situation in Indonesia. On October 2005, 68 U.S. Representatives wrote to President Yudhoyono regarding the Munir investigation. The bipartisan signatories urged the directly elected president to release the fact-finding team's report and expressed concern over the prosecution's apparent negligence of the report. The letter also suggested that he "create a new commission with a strong mandate to explore evidence wherever it may lead, including enforcement of full cooperation of all state agencies including the State Intelligence Agency (BIN)."

In light of the above, once again, we urge you to write the President of Indonesia requesting his direct intervention in this case, so that justice may further be ensured. The President should ensure that the initial investigation by the police is followed up. He should also appoint a special independent monitoring body to observe the conduct of the police investigation.

The AHRC also calls to all concerned groups and persons to attend the trial of Munir's murder (the trial against Pollycarpus) as observers. The next hearing is the defense council arguments. The court will being held on Monday, 12 December 2005, from 9:00 am, at the Central Jakarta District Court, 3rd floor, room 1, Jl. Gajah Mada Jakarta Pusat, Indonesia.

To see our previous Urgent Appeals regarding Munir's case, please visit:

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 Manir 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

Urgent Appeals Programme
Asian Human Rights Commission
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Dear ___________,

INDONESIA: Need for further investigation in Munir case

I write to you regarding the progress of the court hearing into the murder of human rights activist Munir.

On 1 December 2005, the prosecutor Domu Sihite told the court that the defendant had been proven beyond reasonable doubt to have committed premeditated murder and falsified airlines documents. He therefore recommended a life sentence for Pollycarpus Budihari Priyanto.

Along with seriously considering the prosecutors call for a life sentence, the judge should also request further investigation into this case. This is particularly important so that those others who are allegedly involved in this case are also brought to justice.

This case has generated much international concern. Many within the international community have shown interest in this case, and hope that its outcome will improve the law and human rights situation in Indonesia. On October 2005, 68 U.S. Representatives wrote to President Yudhoyono regarding the Munir investigation. The bipartisan signatories urged the directly elected president to release the fact-finding team's report and expressed concern over the prosecution's apparent negligence of the report. The letter also suggested that he "create a new commission with a strong mandate to explore evidence wherever it may lead, including enforcement of full cooperation of all state agencies including the State Intelligence Agency (BIN)."

I therefore urge you to intervene in this matter. Please take direct intervention in this case, so that justice may be ensured. Please also ensure that the initial investigation by the police is followed up with a special independent monitoring body appointed to observe the conduct of the police investigation. Lastly, I request you to ensure that the process of the trial related to Munir's case is duly and fairly conducted.

Sincerely yours,

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SEND A LETTER TO:

1. Inspector-General Firman Gani
Chief of the Metrojaya Provincial Police
Jl. Gatot Subroto
Jakarta
INDONESIA
Tel: +62-21-523 4001
Fax: +62-21-522 5646

2. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 7277

3. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782

4. 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

5. I Made Karna
Chairperson
The District Court of Jakarta Pusat
Jl. Gajah Mada No. 14
Jakarta Pusat
INDONESIA

6. Mr. Abdul Hakim Garuda Nusantara
Chairperson
National Human Rights Commission of Indonesia
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id

7. Ms. Hina Jilani
Special Representative for human rights defenders
Att: Ben Majekodunmi
Room 1-040, C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org

8. 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 Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Update
Document ID :
UP-159-2005
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.