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Munir's murderers remain at large, as official investigations take a turn for the worst

Asian Human Rights Commission Urgent Appeal - September 22, 2006

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 Thalidin.

Munir died of arsenic poisoning aboard a Garuda Indonesia airways flight destined for Amsterdam on 7 September 2004. Two years after Munir's death, the Indonesian police are yet to arrest any new suspects in the ongoing criminal investigation. This is largely due to the prosecution's total failure in advancing investigatory procedures into the dubious circumstances surrounding Munir's death.

Major obstacles in the investigation include a lack of conclusive evidence from the crime scene, the unwillingness of the defendant, Garuda Indonesia Airways Pilot Pollycarpus Budihari Priyanto, to cooperate with the authorities, and the inexcusable subversion tactics employed by the Indonesian Intelligentsia.

The lack of conclusive evidence at the crime scene is largely due to the significant delay in the commencement of an official investigation, as no immediate enquiry was initially made. Dutch investigative authorities were unable to inspect the crime scene once the flight touched down in Amsterdam, because they had not been given permission by the Indonesian government to examine the plane. In fact, the crime scene was not investigated until much later, after the plane was returned to Jakarta International Airport.

It also remains unclear as to how the suspect, Mr. Priyanto, could've acted alone in poisoning Munir. An Indonesian court judge has already suggested the involvement of others, including; Ramelgia Anwar (the Vice President of Corporate Security), Major-General Muchdi PR (Deputy of the Badan Intelijen Negera (BIN), a State Intelligence Body), and Yeti Susmiarti and Oedi Irianto, two Garuda Airlines crew members who served Munir refreshments aboard the flight. However, due to the defendant's silence and the prosecutions lack of evidence, none of the alleged coconspirators have been brought to trial.

The courts have also ruled that the state intelligence service, BIN, played a crucial role in the planning and carrying out of Munir's assassination. Again, no progress has been made in investigating those alleged coconspirators within BIN.

Meanwhile, human rights activists have filed a 13 billion Rupiah (US$1.4 million dollar) lawsuit against the national carrier, Garuda Indonesia, over Munir's murder. The lawsuit accuses the airline of gross and unforgivable negligence in the death of the human rights lawyer. Munir was poisoned in the business class section of the plane, allegedly by off-duty Garuda Airways pilot Pollycarpus Priyanto, exactly two years ago this month.

Despite Indonesian President Susilo Bambang Yudhoyono's public commitment to solving Munir's case, and his appointment of a Presidential Fact Finding Team (TPF), the government has still not been able to implement the TPF recommendations. Even though the president has called for more thorough investigations to be carried out, the fact that the very BIN agents and airline crewmembers allegedly involved in Munir's murder are still free, is a disgrace to the Indonesian justice system.

Suggested action

In the humanitarian and activist spirit of the late Mr. Thalidin, please write to the authorities listed below, expressing your grave concern over the stagnation of justice and proper procedure in the ongoing investigations into Mr. Thalidin's murder. Please apply the necessary pressure on the Indonesian government and the relevant judicial and law-enforcement authorities to ensure a fair, efficient and effective procedure of investigation, one that is free of political interference, so that Mr. Thalidin's murderers may be brought to justice without further delay.

Urgent Appeal Programme

Asian Human Rights Commission (ahrchk@ahrchk.org)
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367


Sample letter:

Dear ___________,

I am writing to voice my deep concern regarding the further delays and stagnation in the ongoing criminal investigations into Munir's tragic murder on the 7 September 2004, aboard a Garuda Indonesia Airways flight destined for Amsterdam.

It is my understanding that now two years after Munir's murder, no new suspects have been arrested in the ongoing criminal case. This, despite the naming by an Indonesian Court Judge of four other suspects believed to have been coconspirators, along with the chief suspect Garuda Pilot Pollycarpus Budihari Priyanto, in the planning and carrying out of Mr. Thalidin's assassination; 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 who served Munir refreshments aboard the flight. The courts have also ruled that the state intelligence service, BIN, played a crucial role in Munir's assassination. But again, no progress has been made in investigating these alleged coconspirators within BIN.

From the information that I have received, the prosecution's total failure in advancing investigatory procedures, is largely due to a dire lack of conclusive evidence from the crime scene, the unwillingness of the defendant, Garuda Indonesia Airways Pilot Pollycarpus Budihari Priyanto, to cooperate with the authorities, and the inexcusable subversion tactics employed by the Indonesian Intelligentsia.

This is unacceptable of a State that was elected to the UN Human Rights Council in May of 2006. Therefore, I strongly urge the Indonesian Government to take a tighter rein over the criminal investigative proceedings into Munir's case. While I applaud President Susilo Bambang Yudhoyono's public commitment to solving Munir's case, and his appointment of a Presidential Fact Finding Team (TPF), the ground reality is that none of the TPF recommendations and proposals has been implemented. I appeal to President Yudhoyono's government to apply the necessary pressure on the judicial and law-enforcement authorities in ensuring a fair, proper and effective criminal investigation, one that is without political interference, in ensuring that Munir's murderers are brought to justice.

I look forward to your prompt and effective action 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 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

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. 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

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: 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)

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)

Thank you.

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