MUNIR CASE -- NEW CHARGES FURTHER IMPLICATE

C O N F I D E N T I A L JAKARTA 002869

SIPDIS

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EAP, EAP/MTS, EAP/MLS, DRL, DRL/PHD, INR/EAP
NSC FOR EPHU

E.O. 12958: DECL: 10/11/2017
TAGS: PGOV KJUS PHUM PINS ID
SUBJECT: MUNIR CASE -- NEW CHARGES FURTHER IMPLICATE
INTELLIGENCE AGENCY IN KILLING

REF: A. JAKARTA 1223 B. JAKARTA 2122

Classified By: Joseph Legend Novak, reasons 1.4 (b)(d).


1. (C) SUMMARY -- Prosecutors have filed charges against two
former employees of Garuda Airlines in the murder of
prominent human rights activist Munir. The charges--which
received widespread media play--further implicate the
National Intelligence Agency (BIN) in the 2004 killing.
Human rights activists--while praising the bringing of
charges--strongly urge that prosecutors take the next major
leap by calling BIN officials to testify in court about their
suspected involvement in the slaying. END SUMMARY.


2. (C) NEW CHARGES -- There are new developments in the 2004
poisoning of well-known human rights activist Munir Said
Thalib. On October 9, prosecutors filed murder charges
against former Garuda Airlines director Indra Setiawan.
Evidence implicating Indra in the conspiracy is based
primarily on an official Garuda Airlines letter he gave to
murder suspect Pollycarpus Budihari Priyanto, an off-duty
pilot. The letter assigned Pollycarpus to be on the same
flight as Munir, posing as a security officer (ref A).
(Note: In a very controversial ruling, Pollycarpus was
ultimately acquitted of poisoning Munir, but prosecutors have
asked the Supreme Court to review the acquittal based on new
evidence--ref b. That review is still pending.)


3. (C) According to the police dossier on the case which
sources provided to Dep Pol/C, Indra told police that Deputy
BIN Director As'ad Ali had faxed a written order on official
stationary to Indra ordering him to assign Pollycarpus to be
on the same Garuda flight with Munir from Medan to Singapore
(ref B). (Note: Garuda is a state-owned airline.) Indra's
secretary, Rohainil Aini, was also charged by prosecutors on

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October 9. Rohainil was implicated in helping Indra to give
Pollycarpus access to the flight.


4. (C) ACTIVISTS WANT MORE -- Two prominent human rights
attorneys who are following the case closely and who
uncovered some of the evidence now being pursued by police,
Rafendi Djamin and Usman Hamid, both confirmed the media
report that Indra and Rohainil had been charged. They
thought that that development was positive and a sign that
the case continued to move forward.


5. (C) That said, they expressed frustration that BIN Deputy
Director As'ad and other BIN agents who police have
implicated in the murder have not yet been called as
witnesses by prosecutors. (Note: Police have questioned
several BIN agents in the case. Their statements implicating
former high level BIN officials are included in the police
dossier, per ref A.) Rafendi told POLOFF that he hopes the
police continue pursuing leads implicating BIN and that
hopefully As'ad will be called by prosecutors as a witness,
adding that calling As'ad to the stand "will have very big
political implications."


6. (C) PRESSURE ON BIN -- By pursuing charges against other
suspects, prosecutors are ensuring that the case will be kept
alive even if their request to retry Pollycarpus is rejected
by the Supreme Court. If the request is granted, these
additional charges make the case stronger and put more
pressure on BIN to reveal what it knows about the case.
Senior BIN officials actually testifying in court would be
unprecedented in the Indonesian judicial system and a major
step forward towards accountability. Current and former BIN
officials are widely suspected to be the planners of the
shocking murder and these additional prosecutions take the
case one step closer to proving the link.
HEFFERN