MUNIR -- CASE OF MURDERED ACTIVIST CONTINUES

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001951

SIPDIS

DEPT. FOR EAP, EAP/MTS, EAP/MLS, DRL, DRL/AWH
NSC FOR EPHU

E.O. 12958: DECL: 10/22/2018
TAGS: PGOV KJUS ID
SUBJECT: MUNIR -- CASE OF MURDERED ACTIVIST CONTINUES

REF: JAKARTA 1891 AND PREVIOUS

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


1. (C) SUMMARY: Another key witness in the 2004 murder of
human rights activist Munir Said Thalib recanted his
testimony to police in an October 21 court appearance. This
is the fourth intelligence agent to withdraw testimony
damaging to the accused mastermind of the murder, a former
deputy of the State Intelligence Agency (BIN). Despite the
latest setback, the prosecution is hopeful that judges will
allow the earlier statements and their incriminating content
into evidence. More generally, the prosecution remains
optimistic about its case, which is an important one for
accountability. END SUMMARY.

CASE CONTINUES


2. (C) The murder involving a well-known activist is
continuing. Captain Kawan (one name only) told South Jakarta
District Court on October 21 that his previous testimony to
police was inaccurate because he was "very tired" when police
questioned him. His original police testimony (now recanted)
was another important link between Munir's murder and the
accused mastermind on trial, BIN Deputy Muchdi Purwopranjono.
According to a summary of the police dossier, provided by
sources to DepPol/C, Kawan had originally testified to police
that:

-- BIN agent Budi Santoso, a direct subordinate of Muchdi,
had ordered Kawan to monitor Munir and other human rights
activists.

-- Kawan was ordered to plan two murder plots: sabotage of
Munir's car to cause an accident as well as shooting.
Neither of these was ultimately pursued--Munir was poisoned
instead.

-- That he witnessed convicted murderer Pollycarpus Priyanto
at BIN offices. Pollycarpus, a pilot, was found guilty of
poisoning Munir on a Garuda Airlines flight from Jakarta to
Amsterdam, via Singapore.


3. (C) BIN sources have told human rights contacts that the
BIN agents who have agreed to testify against Muchdi are
being threatened into silence by some in BIN. Santoso, for
example, is reportedly afraid for his life. He failed to
appear in court on October 21, the third time he has ignored
the court's summons.


4. (C) The police testimony is still valid evidence even if
retracted by witnesses if the prosecution can prove that the
testimony was not coerced, sources told us. Judges can also
take into consideration possible coercion against witnesses
and corroborating evidence.

RETRIEVING A KEY DOCUMENT


5. (C) A second witness at the October 21 trial, computer
forensic investigator Joni Torino, confirmed to the court how
he retrieved a key document from a BIN hard drive. He
retrieved a letter from a senior BIN official to then
president of Garuda Airlines, Indra Setiawan, who was
previously convicted of abetting the murder. The letter was
signed by As'ad Ali, another BIN Deputy Director reporting
directly to Muchdi. The letter ordered Setiawan to assign
the pilot Pollycarpus to security responsibilities which
would allow him to easily board the flight with Munir.
Setiawan claimed he had lost the letter. Police success in
recovering this letter electronically was key in the
convictions of Pollycarpus and Setiawan, and provided a
crucial link with BIN.

JAKARTA 00001951 002 OF 002



PROSECUTION PRESSING HARD


6. (C) Twice-weekly trial sessions will continue for the
near future as the prosecution doggedly pursues its case.
Despite the setbacks, the prosecution is hopeful that judges
will allow these BIN agents' earlier statements and their
incriminating content into evidence. More generally, the
prosecution remains optimistic about its case, which is an
important one for accountability. Certainly, the prosecution
is doing all it can acting under direct instruction from
President Yudhoyono.

HUME