HUMAN RIGHTS -- COURT CONTINUES REVIEW OF KEY CASE

C O N F I D E N T I A L JAKARTA 003461 SIPDIS SIPDIS DEPT FOR EAP, EAP/MTS, EAP/MLS, DRL, DRL/AWH NSC FOR EPHU E.O. 12958: DECL: 12/26/2017 TAGS: PGOV PHUM KJUS ID SUBJECT: HUMAN RIGHTS -- COURT CONTINUES REVIEW OF KEY CASE REF: A. JAKARTA 2869 ¶B. JAKARTA 1223 Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b+d). ¶1. (C) SUMMARY -- Indonesia's Supreme Court reconvenes in January to review the case file of the 2004 murder of human rights activist Munir Thalib. A ruling on whether to overturn the 2006 acquittal of a key suspect is due in early ¶2008. In ongoing proceedings, prosecutors have called in a former intelligence operative as a witness. Activists are encouraged by progress in the case, but they acknowledge that the upcoming Supreme Court ruling is crucial for accountability. END SUMMARY. ¶2. (C) HIGH COURT REVIEW -- The search for accountability in the 2004 murder of Munir Thalib continues. According to contacts, the Supreme Court is likely to reconvene in early January to continue its review of chief suspect Pollycarpus' acquittal in the murder. (Note: In a shocking October 2006 ruling, the Supreme Court threw out Pollycarpus' conviction in the killing, asserting that the prosecution had not proven its case.) Contacts do not have information on where the Supreme Court might be leaning, while noting that the case basically requires the Supreme Court to reverse itself in a highly public manner. A ruling is slated to come in early ¶2008. ¶3. (C) A NEW WITNESS -- In the meantime, the GOI prosecution team continues to move forward on the case, pressing leads regarding the apparent conspiracy which resulted in Munir's murder. On December 12, the Attorney General called in a former Indonesian National Intelligence (BIN) agent, Budi Santoso, to testify on allegations linking current and former senior BIN officials to Munir's murder. Santoso failed to appear--not unusual in the Indonesian justice system--but will likely testify in January, according to human rights lawyer Usman Hamid (Hamid represents Munir's widow, Suciwati). ¶4. (C) Prosecutors allege that BIN Deputy Director Muchdi Purwopranjono paid Santoso to deliver a letter ordering Garuda Airlines to put off-duty pilot Pollycarpus on board a flight to Singapore with Munir, with Pollycarpus posing as a security officer. According to Hamid--citing police dossiers in his possession--this positioned Pollycarpus to murder Munir (Ref B). Hamid told poloff that while Santoso did not know anything about the murder, his testimony could potentially link Pollycarpus--and thus the murder--to BIN. Hamid said Santoso, a former military officer, is now posted to the Indonesian Embassy in Pakistan so will need to travel in order to testify. ¶5. (C) SOME OPTIMISM -- Activists continue to be optimistic about the case. They believe that the GOI is pressing the case hard, including by pursuing all angles involving intelligence officials. That said, as flagged above, the Supreme Court's upcoming ruling regarding Pollycarpus is key. For many in the human rights community, a thumbs down re pursuing Pollycarpus would constitute a real setback. HUME