COURT REINSTATES CONVICTION IN KEY HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000173

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SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP, DRL, DRL/AWH,
INR/EAP
NSC FOR EPHU

E.O. 12958: DECL: 01/28/2017
TAGS: PGOV KJUS PREL ID
SUBJECT: COURT REINSTATES CONVICTION IN KEY HUMAN RIGHTS
CASE

REF: JAKARTA 112 AND PREVIOUS

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Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b+d).


1. (C) SUMMARY: In a landmark ruling for accountability,
the Supreme Court on January 25 reinstated the conviction of
the chief suspect and sentenced him to 20 years in prison for
the murder of human rights activist Munir. Immediately after
the ruling, the Indonesian National Police (INP) announced
that it will launch an investigation into whether there was a
wider conspiracy. Human rights activists hailed the ruling,
thanking the USG and the international community for pressing
the Indonesian government to move forward on the case. END
SUMMARY.

A REVERSAL BY THE COURT


2. (C) The Indonesian Supreme Court has made a dramatic
ruling in a key human rights case. In a decision reversing
its 2006 acquittal, the Court on January 25 reinstated the
conviction of Pollycarpus Budihari Priyanto for the
premeditated murder of human rights activist Munir Said
Thalib. (Note: Munir--who had often accused the security
services of human rights violations, including during the
Suharto period--was poisoned and died on a plane flight
between Singapore and Amsterdam in October 2004.) In taking
the action, the Court also increased Pollycarpus' sentence
from the original 14 years to 20 years. The Court said the
conviction was based on new evidence. (Note: Since the GOI
reopened the case in January 2007, police and the Attorney
General's Office have uncovered new forensic evidence, and
persuaded new key witnesses to provide startling testimony
linking Pollycarpus to the murder and an apparent wider
conspiracy--see reftels.)

POLICE LAUNCH INVESTIGATION


3. (C) There could be more shoes to drop. New documentation
and testimony have linked the killing with State Intelligence
Agency (BIN) agents and officials. Immediately following the
January 25 verdict, the national police spokesman told the
media that the INP will launch a formal investigation into
whether there was a conspiracy to murder Munir. The attorney
for Munir's widow Suciwati, Usman Hamid, told DepPol/C
January 28 that he had spoken to key police officials who
said former BIN Deputy Director Muchdi Purwopranjono could be
arrested.


4. (C) A key witness linking Muchdi to the murder is BIN
agent Budi Santoso, currently assigned to the Indonesian
Embassy in Pakistan. According to a police transcript of the
Santoso interrogation presented in court in January, Santoso
delivered payments to Pollycarpus at Muchdi's request,
including one payment Santoso delivered to Pollycarpus in
Muchdi's office with Muchdi present (See reftels). The case
also implicates current BIN Deputy Director As'ad Ali for
signing the letter.


5. (C) Separately, the trial of former Garuda Airlines
director Indra Setiawan on lesser charges of abetting the
murder, by authorizing Pollycarpus to be on the same flight
with Munir, will continue into February. However, Setiawan's
involvement could go deeper, Hamid told DepPol/C. According
to Hamid's police sources, Setiawan is a long-time BIN agent
who operated undercover with the state-owned airline Garuda,
and is implicated in a drug smuggling operation between
Europe and Indonesia using Garuda flights. Hamid claims
police are using this evidence to pressure Setiawan into
revealing everything he knows regarding the Munir case. The
head of the police investigation told DepPol/C in October
that they hoped that the prosecution of Pollycarpus and
Setiawan would lead to higher links in the chain, and
prosecutions of anyone else involved in the slaying.

A POSITIVE REACTION


6. (C) Observers and human rights activists hailed the

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Supreme Court's ruling, which received widespread coverage in
local media. Alvin Lee, a member of the national
legislature, told Pol/C on January 28 that the Supreme
Court's reversal of its previous ruling was "absolutely
thrilling, a sign that there will be real accountability in
this country." Munir's widow Suciwati praised the Court's
reversal of its earlier ruling. That said, she told DepPol/C
on January 28 that she was not satisfied that Pollycarpus'
sentence was not for life and that she will not be content
until all the persons involved in the murder are convicted.
However, Suciwati added, she was optimistic that a noose of
sorts was slowly tightening around the conspirators.

GOOD NEWS FOR ACCOUNTABILITY


7. (C) Pollycarpus' conviction is a positive event. That
said, more progress must be made. A full and honest
accounting of any BIN involvement is crucial, for example.
Human rights activists following the case specifically
thanked the USG, noting how helpful our efforts have been in
convincing the GOI to pursue justice, particularly in the
past year when the Pollycarpus case hung in the balance.
HUME