CONVICTION IN MUNIR MURDER OVERTURNED

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 012300

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/10/2016
TAGS: PHUM PINR PGOV KCRM ID
SUBJECT: CONVICTION IN MUNIR MURDER OVERTURNED

REF: A. JAKARTA 4557


B. 05 JAKARTA 16710

C. 05 JAKARTA 15680

Classified By: CDA John Heffern, reasons 1.4 (B) AND (D)


1. (C) Summary. On October 4, the Indonesian Supreme Court
overturned the murder conviction of Pollycarpus Budihari
Priyanto, acquitting him in the September 2004 poisoning of
prominent Indonesian human rights activist Munir Thalib. The
case is widely considered a litmus test of the Indonesian
government,s resolve to uphold justice in
politically-motivated murders. Human rights activists
lambasted the decision, calling for the President to take
concrete action to find the culprits. The Police Chief and
the Attorney General responded to criticism October 5 with
pledges to reinvigorate the investigation. The case is
politically charged and NGOs speculate, with good reason,
that former intelligence officers were involved in the
murder, drawing their suspicions in part from the results of
a Presidential Fact-Finding Team (refs B and C). A member of
that team told us after the decision that the government is
afraid to delve further into the case because of where it
might lead. Munir's widow, Suciwati, is traveling to the
U.S. on October 13 and will be seeking meetings on Capitol
Hill and in the Department. We recommend that EAP A/S Hill
press for concrete steps to pursue the investigation during
his October 6 meetings with Presidential advisers Silalahi
and Djalal. End Summary

Supreme Court Divided on Decision
--------------

2. (U) On October 4, the Indonesian Supreme Court overturned
the conviction of Polycarpus Budihari Priyanto (refs A and B)
for the muder of Indonesian human rights activist Munir
Thalib. The three-member panel voted two to one that
Pollycarpus was not guilty, shortening his 14-year jail term
to two years after finding him guilty of falsifying the
documents that allowed him to board the flight where Munir,s
drink was laced with arsenic. Judges cited insufficient
evidence to prove he was involved in the murder; Pollycarpus
could be set free by next March. According to the media, the
dissenting judge said he agreed with the murder conviction,
citing Pollycarpus, frequent phone contacts with Munir
before the murder. Supreme Court Chief Justice Bagir Manan
said he was unaware of the verdict and declined public
comment.
Fact-Finding Team Evidence Ignored
--------------


3. (C) NGOs suspect that Munir had made powerful enemies
during his years of human rights work. Usman Hamid,
Coordinator of the human rights organization Kontras, and a
member of the presidential Fact-Finding Team appointed in
December 2004 to look further into the murder, told PolOff
October 5 that &it is very clear that (the police and
prosecutors) are obstructing justice and that the President
does not want to go after them.8 Another member of the
fact-finding team, Asmara Nababan, executive director for the
Institute of the Study of Democracy and Human Rights, told
the media, &The (fact-finding) report showed that there was
evidence to show Munir,s death was a conspiratorial crime,
and it also contained the names of several Garuda executives
as well as BIN (National Intelligence Agency) officials who
need to be further investigated.8 Hamid alleged the police
and prosecutors purposely rushed to trial against Pollycarpus
so that there would be insufficient evidence, and that the
court ignored key witnesses. Evidence from the Fact-Finding
Team report, such as mobile phone records from Pollycarpus,
phone traced to then BIN Deputy Director Muchdi Purwoprajoyo,
before and after the murder, were never entered into
evidence, Hamid said. The Supreme Court also did not
consider the Fact-Finding Team,s report, Hamid said, leading
to suspicion of government insincerity in solving the case.
He said the only way the case could be reopened would be if
the Attorney General found new evidence as a justification to
review the verdict. Hamid added that he is most disappointed
with the President for not taking stronger action to reopen
the investigation, and for not making the fact-finding report
public.
Widow, Media, NGOs Call for Justice
--------------


4. (U) Munir,s widow, Suciwati, told the media October 4
that the President &said the Munir case was a test case for
the nation, but it looks like he was saying it
half-heartedly.8 The media ran skeptical editorials after
the verdict. The conservative Islamic daily &Republica8
commented that &we have been closing our eyes to injustices
all along.8 Indonesia,s leading daily &Kompas8 noted

JAKARTA 00012300 002 OF 002


that &there is an impression that people who die because of
state violence, can never actually be brought to
justice.8 Suciwati will travel with Usman Hamid on October
13 to the U.S. to attend a Human Rights First dinner honoring
Munir and Suciwati, to be held the evening of October 16 in
New York City, Hamid confirmed. Hamid said they would like
to meet with U.S. officials, both on Capitol Hill and in the
Department.

Officials Vow to Pursue Munir's Murderers
--------------


5. (SBU) President Yudhoyono recently promised publicly to
Munir,s widow to find those responsible. A presidential
spokesman October 5 responded to a question about why the
fact-finding report had not been released by saying it was
not necessary since &everyone already knows (the
findings),8 according to newspapers. Following the Supreme
Court reversal, National Police Chief General Sutanto said
police would continue their probe with a newly-formed team.
The Attorney General said he would ask for a review of the
Supreme Court decision. Members of Parliament also called on
police to press with the investigation. Speaker of the House
Agung Laksono said the police had not adequately gathered
evidence against Pollycarpus, the media reported.


6. (C) Comment: This case is widely considered to be a test
for the Indonesian justice system and of President
Yudhoyono,s willingness to enforce the rule of law. We
therefore recommend that A/S Hill raise the case with
Presidential Advisers Silalahi and Djalal during their
October 6 meeting. Pursuing senior intelligence officials
from the previous government would send a major political
signal about the limits of impunity. We will continue to
join Munir,s widow and civic society groups (ref A) in
pressuring the government to seriously pursue this case.
HEFFERN