Home / News / Urgent Appeals / UPDATE (Indonesia): House of Representatives demand fresh investigations into the murder of Munir
 

UPDATE (Indonesia): House of Representatives demand fresh investigations into the murder of Munir

December 12, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

12 December 2006

[RE: 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 Manir case; President does not react to requests for monitoring of the investigation; 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-159-2005: INDONESIA: Need for further investigation in 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 : Munir's murderers remain at large, as official investigations take a turn for the worst; UP-198-2006: INDONESIA: Hopes for Justice dashed in Munir's murder case, as Supreme Court finds prime suspect, Pilot Pollycarpus BP, not guilty]
---------------------------------------------------------------------
UP-227-2006: INDONESIA: House of Representatives demand fresh investigations into the murder of Munir

INDONESIA: Assassination, Improper Investigation, Delay in Justice, Defunct Rule-of-Law
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the recent developments in the assassination case of Indonesia’s most prominent and internationally renowned human rights activist, the late Mr. Munir Said Thalib. We have  been informed that the House of Representatives (HoP) has demanded that the President reopen the investigations into Munir's case and has also called for the immediate appointment of an independent investigative outfit on the 7 December 2006.

UPDATED INFORMATION:

After two years of scandal ridden investigations and prosecutory trial, the Panel of Judges of the Supreme Court in Jakarta returned with a verdict of 'not guilty' in the prosecution case against prime suspect, Garuda Airways Pilot Pollycarpus Budihari Priyanto on the charges of premeditated murder on 3 October 2006 (See further: UP-198-2006). The Supreme Court ruling created uproar amongst the late Munir's far-reaching support-base, his former activist colleagues, and his bereaved family.

In a surprise turn of events, the House of Representatives (HoP) publicly demanded that the President reopen the investigations into the late Human Rights Defender's murder, and called for the immediate appointment of an independent investigative outfit, on 7 December 2006.

In a House plenary meeting, attendant members endorsed the proposal to appeal for fresh investigations in order that Munir's murderers may finally be brought to justice. Said Chairman of the HoP, Mr. Taufiqurrahman Saleh on the matter; "The establishment of the team will show the Government's commitment...to resolving Munir's death". In their proposal, the HoP recommended that Chief of National Police, General Sutanto head the fresh investigations, but in close collaboration with the President and International bodies. The HoP's proposal has won the full support of local activists, the Executive Director of the Commission for Missing Persons and Victims of Violence (KONTRAS) Mr. Usman Hamlid and Munir's widow, Mrs. Suciwati, both of whom were present at the HoP plenary session.

Said Mrs. Suciwati after the close of the HoP plenary session; "I am happy with this recommendation. This is a formal decision from the HoP, which means that it is the voice of the people, and we hope the President is listening...Should he fail to do so, his promises to solve Munir's murder are empty".

Despite the President's establishment of a Fact-Finding Committee, appointed specifically to conduct investigations into Munir's murder, the findings of the Committee's investigations, were never fully disclosed to the public. Despite the recent findings of the Central Jakarta District and Jakarta High Court's evaluational examination which implicated a number of persons, including Major-General Muchdi PR (Deputy of the Badan Intelijen Negera (BIN), a State Intelligence Body), no further investigative and/or prosecutory action has been taken by the Attorney General, the Supreme Court, the National Police nor the President.

Although the calls for fresh investigations by the HoP is indeed a positive sign, the AHRC is concerned as to whether these investigations will suffer the same fate as they have done in the past; become trapped in bureaucratic and political red-tape, and eventually reach a dead-end. 

To see details of the ongoing investigations into and prosecutory trial of Munir's case for the past two years, please refer to our previous appeals:

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 Manir case; President does not react to requests for monitoring of the investigation
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-159-2005: INDONESIA: Need for further investigation in 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 : Munir's murderers remain at large, as official investigations take a turn for the worst
UP-198-2006: INDONESIA: Hopes for Justice dashed in Munir's murder case, as Supreme Court finds prime suspect, Pilot Pollycarpus BP, not guilty


SUGGESTED ACTION:
Please write to the authorities below, expressing your approval and full support of the HoP's proposal as well as your concern regarding the potential danger of these investigations being compromised by political power-struggles.

Sample letter:

Dear ___________,

INDONESIA: House of Representatives demand fresh investigations into the murder of Munir

Name of victim: Mr. Munir Said Thalib; a prominent human rights defender, and 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 his assassination: 7 September 2004.
Place of incident: Aboard Garuda Indonesia Airways flight 974 to Amsterdam

I am happy to learn that the House of Representatives (HoP) has publicly demanded that the President reopen the investigations into Munir's murder case and has also called for the immediate appointment of an independent investigative outfit on the 7 December 2006. In their proposal, the HoP recommended that Chief of National Police, General Sutanto head the fresh investigations, but in close collaboration with the President and International bodies.

I have been closely following the ongoing investigations into and prosecutory trial of Munir's case for the past two years, and am deeply concerned and aggravated by the delay of justice  for a man who fought most nobly for that very cause.  

Despite the President's establishment of a Fact-Finding Committee, appointed specifically to conduct investigations into Munir's murder, the findings of the Committee's investigations, were never fully disclosed to the public. An evaluational examination jointly conducted by the Central Jakarta District Court and the Jakarta High Court in May 2006, exposed the shoddy standards of application of domestic legislation and judicial procedure in the criminal investigations into Mr. Munir’s murder. It also implicated a number of persons, including Major-General Muchdi PR (Deputy of the Badan Intelijen Negera (BIN), a State Intelligence Body) and Indra Setiawan (Director of Garuda Airways); despite this, no further investigative and/or prosecutory action has been taken by the Attorney General, the Supreme Court, the National Police nor the President.

Furthermore, the Panel of Judges of the Supreme Court in Jakarta shockingly returned with a verdict of 'not guilty' in the prosecution case against prime suspect, Garuda Airways Pilot Pollycarpus Budihari Priyanto on the charges of premeditated murder on 3 October 2006.

While I applaud the HoP's initiative in calling for the reopening of criminal investigations, I am  deeply concerned as to whether these investigations will suffer the same fate as they have done in the past; become trapped in bureaucratic and political red-tape, and eventually reach a dead-end,.

I therefore strongly urge you to take immediate steps in ensuring that this does not happen. I request you to support the HoP's proposal to grant investigative authority to an independent investigative body, and to allow for the intervention and involvement of international bodies, such as the UN. That the conviction of the guilty perpetrators- in light of the overwhelming and damning evidence- has yet to be secured, is completely unacceptable of a state that is party to  UN convention and a member of the newly-formed UN Human Rights Council.

I look forward to your prompt and effective response in this matter.

Yours sincerely,


----------------

PLEASE SEND YOUR 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 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

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-227-2006
Countries :
Campaigns :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.