APSN | Unveiling of suspect in Munir's death may end further inquiries

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Unveiling of suspect in Munir's death may end further inquiries

Asian Human Rights Commission Urgent Appeal - March 24, 2005

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the arrest of Garuda pilot Pollycarpus Budihari Priyanto, in relation to the death of human rights activist Munir.

While we welcome the police investigation and arrest, AHRC is concerned that the current direction of the inquiry may lead to a lack of consequences for others responsible for Munir's death. Justice cannot be served if one suspect is made to take the fall for senior persons.

Furthermore, if charged, Pollycarpus is likely to face the death penalty.

The AHRC thus urges you to intervene immediately by writing to the Indonesian authorities, particularly the police, and demand that they complete a thorough and impartial investigation into this case before placing charges on suspects. It is imperative that all those responsible for Munir's death are prosecuted and punished accordingly, not just certain persons being made scapegoats.

Urgent Appeals Desk Asian Human Rights Commission (AHRC)

Updated information:

Police arrested Garuda Indonesia pilot Pollycarpus Budihari Priyanto as a suspect in the death of human rights activist Munir based on available evidence and inconsistencies in his statements. An online news portal quoted deputy chief of the National Police criminal investigation division Inspector General John Lalo, as saying that "We assume he is connected with the matter. We now want to further prove his role in the case."

Priyanto's lawyer however, has repeatedly denied his client has been arrested, insisting he was still classified as a witness and was being detained at National Police headquarters for his own protection.

Ninety persons have been given legal status as witnesses, while Priyanto is the first person to be declared a suspect. The government-backed fact-finding team TPF (Tim Pencari Fakta) has found 'strong indications' that four Garuda employees and two members of the State Intelligence Agency (BIN) were involved in the conspiracy to kill Munir. The four Garuda staff are: Pollycarpus, former president director Indra Setiawan, corporate security head Ramelgia Anwar, and Airbus 330 chief pilot secretary Rohainil Aini. The two BIN operatives have not yet been named.

Although Pollycarpus had never met Munir before, police say he telephoned Munir three times prior to the departure of Flight GA-974 on the night of September 6. The pilot claims he had been assigned to the flight as an aviation security officer to check on the landing gears of a Garuda 747 at Changi Airport, although he returned to Jakarta on the first flight the following morning. It was later revealed his letter of assignment was falsified, having been written nine days after Munir was killed.

On 11 August 2004 Setiawan issued a letter appointing Pollycarpus as an aviation security officer. The letter raised suspicions because it was the first time for such a document to be signed by the airline's president director. Police have also questioned the propriety of the assignment, as Pollycarpus apparently lacked the requisite Garuda Aviation Training and Education (GATE) certificate to serve as a security officer.

A second letter regarding Pollycarpus' assignment was issued by Anwar and dated on September 4, two days before Munir's flight. That was a Saturday, when Garuda's offices were closed and the letter could not have been issued. Police investigators later found that the letter had actually been written on September 15 and signed on September 17.

A third letter, dated September 6 and signed by Aini, arranged Pollycarpus' flight schedule, assigning him to join Munir's flight and then take the next flight from Singapore back to Jakarta. As a secretary, Aini had no authority to sign such a letter.

While all these persons have inconsistencies in their statements and actions, the TPF are still looking for the primary person responsible for the planning of Munir's death. It is imperative that a thorough investigation is conducted by the Indonesian authorities and those responsible are prosecuted and punished accordingly. According to Munir's family, the inquiry and investigation into his death is mere lip service by the Indonesian government. They worry that the arrest of Pollycarpus may end further inquiries, thereby leaving those ultimately responsible to face no consequences.

Suciwati, Munir's wife, is currently attending the 61st session of the Commission on Human Rights, in order to make statements regarding Munir's death and the status of investigation. It is only when victims and their families, such as Suciwati, are confident of receiving justice can Indonesia hope to effectively address the wider issues of violence and impunity that plague large areas of the country.

Additional information:

Munir (38), died of arsenic poisoning aboard a Garuda flight enroute to Amsterdam on 7 September 2004. Pollycarpus, who is rumored to have links to state intelligence agencies, was traveling as an 'aviation security officer' on the first leg of the flight to Singapore and had given Munir his seat in business class. Police believe arsenic was placed in part of the activist's in-flight meal of noodles and orange juice. Pollycarpus disembarked when the plane arrived at Singapore's Changi Airport for a one-hour stopover, while Munir sent a cellular phone text message to his wife, complaining of an upset stomach. The activist then reboarded the plane for the flight to Amsterdam. He soon became violently ill, suffering painful nausea and diarrhea. An Indonesian doctor on the flight, Tarmizi Hakim, gave him an injection to help him sleep. About three hours before the plane landed, the doctor found Munir had died.

Dutch authorities subsequently conducted an autopsy that revealed 465 milligrams of undigested arsenic in the activist's stomach -- more than double the normally lethal dose of 200 milligrams. The Dutch Government handed a copy of the forensic report to Indonesia's Foreign Ministry on 11 November 2004. The report stated that most of the arsenic had been found in Munir's stomach; the concentration and location of the heavy metal indicated that it had been slipped into the food or drink he had consumed.

Suggested action:

Please send a letter, fax or email to the governmental authorities listed below

Sample letter:

Dear ________,

Re: Indonesia: Unveiling of suspect in Munir's death may end further inquiries

I am writing to you regarding the arrest of Garuda pilot Pollycarpus Budihari Priyanto, in relation to the death of human rights activist Munir.

While I welcome the police investigation and arrest, I am concerned that the current direction of the inquiry may lead to a lack of consequences for others responsible for Munir's death. Justice cannot be served if one suspect is made to take the fall for senior persons. Furthermore, if charged, Pollycarpus is likely to face the death penalty.

While the TPF (Tim Pencari Fakta) has found 'strong indications' that four Garuda employees and two members of the State Intelligence Agency (BIN) were involved in the conspiracy to kill Munir, Pollycarpus is the only one to have been arrested and declared as a suspect. The other three Garuda staff are: former president director Indra Setiawan, corporate security head Ramelgia Anwar, and Airbus 330 chief pilot secretary Rohainil Aini. The two BIN operatives have not yet been named. While all these persons have inconsistencies in their statements and actions, the TPF are still looking for the primary person responsible for the planning of Munir's death. It is imperative that a thorough investigation is conducted by the Indonesian authorities and those responsible are prosecuted and punished accordingly. Human rights groups as well as Munir's family are concerned that the inquiry and investigation into his death is mere lip service by the Indonesian government. They worry that the arrest of Pollycarpus may end further inquiries, thereby leaving those ultimately responsible to face no consequences.

It is only when victims and their families, such as Suciwati, are confident of receiving justice can Indonesia hope to effectively address the wider issues of violence and impunity that plague large areas of the country.

I look for your immediate intervention into this matter.

Sincerely yours,

Send a letter to:

1. 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

2. Mr. Abdul Rahman Saleh Attorney General of Indonesia Attorney General's Office Jakarta INDONESIA Fax: +62 21 720 8557

3. 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

4. Gen. Dai Bachtiar National Chief of Police Jl. Trunojoyo No. 3 Kebayoran Baru Jakarta Selatan INDONESIA Tel: +62 21 7218001 Fax: + 62 21 720 7277

5. KOMNAS HAM [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

6. 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

7. 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

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