MUNIR MURDER CASE -- FORMER OFFICIAL ACQUITTED;

UNCLAS SECTION 01 OF 02 JAKARTA 002354 SENSITIVE SIPDIS DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP, DRL, DRL/AWH NSC FOR E.PHU E.O. 12958: N/A TAGS: PGOV KJUS ID SUBJECT: MUNIR MURDER CASE -- FORMER OFFICIAL ACQUITTED; GOI WILL APPEAL REF: JAKARTA 2295 AND PREVIOUS JAKARTA 00002354 001.2 OF 002 ¶1. (U) This message is Sensitive but Unclassifed--Please handle accordingly. ¶2. (SBU) SUMMARY: On December 31, a Jakarta court acquitted former intelligence official Muchdi Purwoprandjono of conspiracy to commit the September 2004 murder of human rights activist Munir Said Thalib. The Court stated that the prosecution had failed to tie Muchdi to the murder. The GOI pushed the case hard and prosecutors plan to appeal. The decision is a setback for human rights activists who have demanded accountability. Suggested press guidance is attached in para 7. END SUMMARY. VERDICT IN MUNIR CASE ¶3. (U) A Jakarta District Court has acquitted Muchdi Purwoprandjono, the former deputy chief of the Indonesian National Intelligence Agency (BIN),for conspiracy in the murder of Munir, a well-known human rights activist. In its decision, the presiding judge said there was "insufficient evidence" to prove that Muchdi was involved in the murder. Specifically, the judge said, "Prosecutors failed to demonstrate that Muchdi had motive to commit murder or that he used his power as BIN chief to kill Munir." (Note: Pollycarpus Priyanto was convicted and sentenced to 20 years in prison for carrying out the murder. He is now in prison, serving his sentence.) ¶4. (U) Prosecutors plan to appeal the decision. Under Indonesian law, the prosecution has the ability to appeal adverse court rulings, the same right accorded the defense. ¶5. (SBU) The crux of the prosecution's case centered on painting Muchdi as the key conspirator in "masterminding" the murder plot. From the beginning, the prosecution asserted that Muchdi had a clear motive to murder Munir. They alleged that Muchdi was dismissed from his position as head of the Army Special Forces (KOPASSUS) after an investigation led by Munir revealed Muchdi's involvement in the disappearance of 13 human rights activists in 1997-98. Defense lawyers strongly attacked the prosecution's allegations. In his decision, the presiding judge cited what he said was the prosecution's failure to make a direct connection between Muchdi and Pollycarpus. ACTIVISTS SEE A SETBACK ¶6. (SBU) Human rights activists were not happy with the verdict, seeing it as a setback for accountability. One activist told poloff that the acquittal was "a serious setback in human rights enforcement" for Indonesia. This activist claimed to poloff that several witnesses were under enormous pressure and withheld testimony. That said, the GOI did press the case hard and, as noted, plans to lodge an appeal. SUGGESTED PRESS GUIDANCE ¶7. (U) Suggested press guidance follows: Q: What is the U.S. reaction to the December 31 Indonesian court decision in the Munir murder case? A: --The United States closely monitored the progress of the Muchdi trial and the investigation of Munir Said Thalib's murder. --In the aftermath of the verdict, we hope the Indonesian government will continue its investigation into Munir's murder and continue its pursuit of justice. --We urge the GOI to ensure that justice is served, wherever JAKARTA 00002354 002.2 OF 002 the evidence may lead, and that the process be transparent, independent, and professional. We hope all those complicit in Munir's murder will be brought to justice. --Background: Internationally respected Indonesian human rights activist Munir was murdered while on a Garuda airlines flight from Jakarta to Amsterdam in September 2004. According to an autopsy, Munir died of arsenic poisoning. There has been widespread speculation that Indonesia's intelligence agency (BIN) was involved in Munir's killing. On December 31, 2008, a Jakarta court acquitted former intelligence official Muchdi Purwoprandjono of conspiracy to commit the murder. HUME