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INDONESIA

December 20th 2005

Munir's murderer

sentenced to 14 years in jail for murdering Indonesia’s fearless human rights defender

 

On  20 December 2005, a pilot of Indonesian national airline Garuda, Mr Pollycarpus Budihari Priyanto was sentenced to 14 years in jail for murdering Indonesia’s fearless human rights defender, Munir
Said Thalib in the flight on 7 September 2004 after poisoning him with arsenic. Pilot Pollycarpus was an agent of spy agency, the State Intelligence Agency (BIN) whose officials masterminded the murder.
Prosecutors submitted before the court that 41 phone calls had been made from cellphone number (0811900xxx) of Mr Muchdi Purwopranjono, the former chief of the army special forces unit to Pollycarpus
(081584304xxx) both before and after the murder as evidence. The two reportedly discussed the murder.

The sentencing of a pilot of Indonesian national airline Garuda, Mr Pollycarpus Budihari Priyanto to 14 years in jail is a step in the right direction. However, it seriously falls short of identifying the masterminds of the murder. The role of Pilot Priyanto in the "premeditated murder and of falsifying documents (in order to fly aboard the same plane as Munir)" has been established beyond any reasonable doubt. At the same time, the fact that officials of Indonesia's powerful spy agency, State Intelligence Agency (BIN), masterminded the murder has also been established beyond reasonable doubt. The issue is whether President Susilo Bambang Yudhoyono (SBY) will ensure compliance with the order of the Central Jakarta District Court to the law enforcement agencies to further investigate the high-profile murder so as to find the masterminds of the murder.

 

On 7 September 2004, Munir was found dead aboard a Garuda flight from Jakarta to the Amsterdam. When the flight made a stopover at Singapore airport, Munir is said to have sent an SMS text message to his wife telling her that he was feeling ill. A few hours later he was dead. His death had been put down to natural causes by the Indonesian government. But an autopsy by the Dutch authorities found a lethal dose of arsenic, of nearly 500 milligrams, in his bloodstream. The arsenic was laced in the orange juice served to Munir. After the findings of the autopsy, Indonesian government was forced to take some action.

 

The police charged Garuda pilot Mr Pollycarpus for the murder and named two others - Oedi Irianto, who was working in the galley in the flight Munir died on, and stewardess Yeti Susmiarti, as suspects.

 

Mr Pollycarpus admitted to giving his business class seat to Munir during the flight from Jakarta to Singapore.  In addition to conspiring to murder Munir, Pollycarpus was also found guilty of forging a letter that authorized him to travel to Singapore as an aviation security officer to ensure that he was on the same flight as Munir. Pollycarpus had initially been assigned to fly to Bangkok from 5 September 2004 to 9 September 2004, but he produced falsified documents so as to be able to be on the same flight as Munir to the Netherlands on 6 September 2004.

 

Lawyers for Mr Pollycarpus have accused prosecutors of fabricating a motive for the killing. They said Mr Pollycarpus had been made a scapegoat because the real murderer had not been found.

 

More by IDHAE :

 

Cak Munir, 38-year old, a lawyer for human rights in Indonesia, was active on human rights issues even as a law student. After obtaining a law degree from Brawijaya University, he worked for the East Java Branch of the Indonesian Legal Aid Foundation (YLBHI), and during the 1990s he was legal counsel  for a number of victims of official violence and repression. Until his death he was  leading YLBHI's operational division.

 

When  still a young lawyer in East Java, he took up the cause of workers' rights and came out in their support. This led him repeatedly against the political elite who felt intimidated by actions of workers which they saw as “acts of anarchy”. He joined the ranks of LBH, the Legal Aid Institute, the foremost human rights organisation at the time.

 

During the closing months of the Suharto dictatorship, Munir was instrumental in confronting the disappearances of dozens of Indonesian pro-democracy leaders, many of whom were recovered thanks to his efforts. Munir founded the Commission for Missing Persons and the Victims of Violence (Kontras), which became a beacon for the human rights movement, challenging the impunity which protected and still protects the  members of TNI, the Indonesian armed forces.

 

Kontras focuses on fighting political violence, encouraging respect for due process of law, ensuring victims' physical and psychological recovery, and promoting reconciliation and peace.

 

Even when the problem of East Timor under Indonesian occupation was a taboo subject in Indonesia, Munir visited the country several times and spoke out on his return about conditions there.

 

Following on his years of personal support for East Timorese struggling for independence,

in September 1999, Munir was appointed a member of the Commission to Investigate Human Rights Violations in East Timor (KPPHAM), set up by Indonesia's National Human Rights Commission. The commission’s report produced a wealth of evidence of the Indonesian army's involvement in recruiting, financing, training and using the militia which caused such havoc at the time of the UN Referendum.

 

His activities provoked the fury of thugs acting on behalf of the military and often he and the headquarters of Kontras became the target of brutal attacks and intimidation. The office has several times been subject to abuses and the threat of destruction. According  to witnesses on such occasions, it was no secret that they were looking for Munir. In  2001, his family home in Malang, became the target of an intended bomb attack while he was there on vacation with his wife, Suciwati, and his son.

 

In 2002, he co-founded the Indonesian Human Rights Watch, or Imparsial.

 

Munir became an icon for fearlessly defending human rights and fundamental freedoms. He earned the wrath of the military for taking up the cases of numerous activists who disappeared in suspicious circumstances as well as for exposing violations committed by the Indonesian military across the country during the rule of former President Soeharto.

 

Munir was named Man of the Year by the leading Muslim periodical, UMMAT, Kontras received the prestigious Yap Thiam Hien human rights award in 1998. In 2000, he was given the Right Livelihood Award in Sweden, regarded as the alternative Nobel prize, “for his courage and dedication in fighting for human rights and the civilian control of the military in Indonesia”. In the same year, Kontras was given the Yap Thiam Hien award, the highest award in Indonesia for services to human rights.

 

Munir’s life was often threatened, and organized groups of thugs invaded his office a number of times. He once said he had lost count of the number of death threats he had received. On November 20, Suciwati received a headless animal carcass in the mail with the warning: "Be careful!!!!! Do not connect the TNI [the Indonesian military] to the death of Munir. Do you want to end up like this?"

 

Recently, the Asian Human Rights Commission (AHRC) has received information regarding the arrest as a suspect of an off-duty pilot with the airline Garuda Indonesia, Pollycarpus Budihari Priyanto, who telephoned Munir three times prior to his departure and  gave him, his seat in business class, allowing the activist to move out of the economy section.

 

Background information

 

The ethnic, religious and political tensions kept in check during Suharto’s 32 years (1967-1998) of authoritarian rule erupted in the months following the downfall. Rioting and violence shook the provinces of Aceh and especially East Timor which since 1975 that  had been invaded by Indonesia, and even after the referendum for its independence, in 1999 with 78.5% voting to secede from Indonesia, the violence didn’t stop. One third of the population was forced out of the region and many civilians were killed.

            While the violence continues in East Timor and the impunity reigns in it, in the Northern Sumatra province of Aceh, a  devoutly Muslim province of 4.5 million people and an oil- rich region becomes the next troubled area of Indonesia, due to the separatists who demand independence.

 

In both cases the violence, the corruption, the terrorism and the indifference for the human rights reigns. Scores of unlawful detentions by both the police and the militants are reported, torture and ill-treatment of detainees continues to be routine. The victims are from both sides but also innocent civilians and political activists and human rights defenders who wish to condemn the abuses and often become objects of intimidations, extra judicial executions,  tortures and unlawful arrests. Several requests from UN Special Commissions but also UN Special Representative on human rights to visit the country  have been denied.  

 

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