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President must take firm steps to ensure investigation of Munir's death

Asian Human Rights Commission Urgent Appeal - March 9, 2006

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the progress in the case of the murdered Indonesian human rights activist, Munir Said Thalib. Although the accused, Pollycarpus Budihari Priyanto was proven beyond reasonable doubt to have committed premeditated conspiracy to murder, the court judgment noted that evidence during the trial proved he did not act alone. The court therefore urged the police to conduct a further investigation in order to uncover those ultimately responsible for the death of Munir.

Nearly three months after the judgment however, little has been done to follow up the case by either the police or the prosecutor. Meanwhile, on 30 January 2006, Pollycarpus' wife Yos Hera Indraswati appealed to the high court, where the legal process is currently ongoing. According to the evidence presented during the trial, a few weeks before Munir's murder, Pollycarpus had frequently (41 times) called a cell phone number registered to former National Intelligence Agency (BIN) deputy chief Muchdi Purwopranjono. In his testimony in court, Muchdi stated that he had lent his cell phone to subordinate officers and had no recollection of the calls. There has been no move by the Indonesian attorney general to reveal the content of these conversations, which is allowed under Law 39/1999 regarding telecommunications.

While President Susilo Bambang Yudhoyono instructed the police, prosecutors and intelligence officers to follow up the investigation after the verdict given on 20 December 2005, he refused to establish a new fact finding team.

Three members of parliament met with the Chief of National Police on February 14 and were disappointed to learn that there was no new information into the case.

Two days later, on February 16, former BIN deputy chief Muchdi Purwopranjono met with the Chief of the House of Representatives, Agung Laksono, to appeal for the parliament not to be "influenced by opinions from certain parties" linking him to the murder. He also threatened to press charges of criminal defamation against activists involved in Munir's case, which is a common tactic used to harass and intimidate critical voices in Indonesia.

Additionally, the AHRC has also learnt from media reports that Muchdi met with Judge Cicut Sutiyarso, who was the chief judge presiding over Pollycarpus' trial, on February 21. Muchdi wished to clarify his relationship with Pollycarpus as stated in the verdict, which Judge Cicut refused to comment on. The AHRC, as well as local human rights groups are gravely concerned by this matter, which casts doubt on the impartiality of the judiciary, particularly in a country where a culture of impunity is rife.

Suggested action:

Please write letters to the Indonesian government, urging them to take decisive action to reveal the truth surrounding Munir's death. President Yudhoyono must give effect to his rhetoric by holding the relevant rule of law institutions accountable in their investigations. The parliament must continue to pressure the government and particularly the president to uphold their commitment to rule of law and human rights by ensuring justice in Munir's case.

Suggested letter:

Dear________,

Indonesia: Firm steps must be taken to ensure investigation of Munir's death follows court recommendations

I write to you in concern at the lack of progress in the case of murdered human rights activist Munir Said Thalib. Although the accused, Pollycarpus Budihari Priyanto was proven beyond reasonable doubt to have committed premeditated conspiracy to murder on 20 December 2005, the court judgment noted that evidence during the trial proved he did not act alone. The court therefore urged the police to conduct a further investigation in order to uncover those ultimately responsible for the death of Munir. Nearly three months after the judgment however, little has been done to follow up the case by either the police or the prosecutor.

Meanwhile, on 30 January 2006, Pollycarpus' wife Yos Hera Indraswati appealed to the high court, where the legal process is currently ongoing.

It has also come to my attention that on February 16, former BIN deputy chief Muchdi Purwopranjono met with the Chief of the House of Representatives, Agung Laksono, to appeal for the parliament not to be "influenced by opinions from certain parties" linking him to the murder.

He also threatened to press charges of criminal defamation against activists involved in Munir's case, which I believe is a common tactic used in Indonesia to harass and intimidate critical persons.

I therefore urge you to exert your authority to ensure that a thorough investigation is conducted into Munir's case, following the court recommendations. In accordance with Law 39/1999 regarding telecommunications, the recordings of Muchdi's phone conversations with Pollycarpus should be revealed. All those responsible for Munir's death must be prosecuted and punished accordingly.

I also urge you to ensure that no defamation charges are brought against persons demanding justice in this case.

I trust you will take immediate action regarding this matter.

Yours sincerely,

Please send your letters 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. 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)
E-mail: MChingSimon@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

Thank you.

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

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