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UPDATE (Indonesia): Pollycarpus sentenced to 14-years imprisonment for murder of Munir

December 20, 2005

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

20 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; UP-159-2005: Need for further investigation in Munir case]
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UP-165-2005: INDONESIA: Pollycarpus sentenced to 14-years imprisonment for murder of Munir

INDONESIA: Fair trial; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) would like to inform you that Pollycarpus Budihari Priyanto, the defendant in the murder of human rights activist Munir Said Thalib, has been sentenced to 14-years imprisonment today, in Central Jakarta District Court. According to the verdict, Pollycarpus was proven beyond reasonable doubt to have committed premeditated murder in collaboration with Yeti Susmiarti and Oedi Irianto, and to have falsified Garuda documents on his own with no collaboration from senior Garuda employees. The apparent motive for killing Munir was that the human rights activist was too critical of the government.

Pollycarpus will reportedly appeal this verdict, which may result in his acquittal, as is common in Indonesia.

In the meanwhile, Pollycarpus is not the only perpetrator in Munir's death, but he is the only one to be brought to court. The presidential fact finding team stated that Pollycarpus was just one of those responsible in the conspiracy to murder Munir. The team's findings however, were not taken into account by either the Indonesian police or prosecution. Furthermore, the police investigation team that began their work after the fact finding team's mandate expired, have yet to publicize their results, two months after completing their investigation. Another concern is that the chair of the police investigation team, Brig Gen Marsudi Hanafi, who was also the head of the fact finding team, has been transferred to a consultative post (Expert Staff of Chief of National Police) at the National Police Headquarters.    

Former members of the fact finding team, Usman Hamid (Coordinator of Kontras) and Rachland Nasidik (Director of Imparsial) have been accused of defamation by Hendropriyono, the former chief of the Indonesian state intelligence body (BIN). According to Hendropriyono, this is based on their allegations that he was involved in Munir's murder.

While President Yudhiyono has made many promises and remarks regarding Munir's case, he has taken little effective action to ensure that justice is served. Munir's case is indeed a key indicator of Indonesia's commitment to human rights and the rule of law. Unless a proper investigation is conducted by independent agencies with the authority to ensure full cooperation from all state agencies including BIN, and unless all those responsible for Munir's death are prosecuted and punished in accordance with international standards, there will be no justice to Munir and his family. The failure of justice in this case will mean a failure in many other cases of human rights violations. The AHRC urges the Indonesian president, parliament and other state authorities to immediately take measures towards ensuring justice. We further urge all Indonesian civil groups as well as all other concerned individuals to write to the Indonesian government urgently and demand that these measures are taken.

Urgent Appeals Programme
Asian Human Rights Commission
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SAMPLE LETTER:

Dear ___________,

RE: INDONESIA: Pollycarpus sentenced to 14-years imprisonment for murder of Munir

I write to you with regard to the sentencing of Pollycarpus Budihari Priyanto to 14-years imprisonment, for the premeditated murder of human rights activist Munir Said Thalib.

While the verdict of the trial is that Pollycarpus is guilty of premeditated murder and fabricating documents, I am concerned that those involved in the conspiracy to murder Munir--as stated in the report of the presidential fact finding team--are not being apprehended. The prosecution of one individual in this case is nothing but a smoke screen for other senior state officials involved to hide behind.

Munir's case is a key indicator of Indonesia's commitment to human rights and the rule of law. Unless a proper investigation is conducted by independent agencies with the authority to ensure full cooperation from all state agencies including BIN, and unless all those responsible for Munir's death are prosecuted and punished in accordance with international standards, there will be no justice to Munir and his family. The failure of justice in this case will mean a failure in many other cases of human rights violations. I therefore urge you to exert your authority and immediately take measures towards ensuring justice.

It has also come to my attention that former members of the fact finding team, Usman Hamid (Coordinator of Kontras) and Rachland Nasidik (Director of Imparsial) have been accused of defamation by Hendropriyono, the former chief of the Indonesian state intelligence body (BIN). According to Hendropriyono, this is based on their allegations that he was involved in Munir's murder. I further urge you to ensure that no defamation charges are brought against Usman and Rachland.

I look for your immediate intervention in these matters.

Sincerely yours,

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SEND A LETTER 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. 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
Website : www.dpr.go.id

7. 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

8. 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

9. 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-165-2005
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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.