Identifier
Created
Classification
Origin
09JAKARTA9
2009-01-05 09:14:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
MUNIR MURDER CASE -- PROSECUTION PLANS TO APPEAL
how-toVZCZCXRO9571 OO RUEHCHI RUEHCN RUEHDT RUEHHM DE RUEHJA #0009/01 0050914 ZNY CCCCC ZZH O 050914Z JAN 09 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 1134 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBJ/AMEMBASSY BEIJING 5787 RUEHBY/AMEMBASSY CANBERRA 3470 RUEHLM/AMEMBASSY COLOMBO 1554 RUEHKA/AMEMBASSY DHAKA 1543 RUEHNE/AMEMBASSY NEW DELHI 2569 RUEHPB/AMEMBASSY PORT MORESBY 4152 RUEHUL/AMEMBASSY SEOUL 5291 RUEHKO/AMEMBASSY TOKYO 2912 RUEHWL/AMEMBASSY WELLINGTON 3391 RUEHBAD/AMCONSUL PERTH 1385 RUEHHK/AMCONSUL HONG KONG 3214 RHHJJPI/USPACOM HONOLULU HI RUEAIIA/CIA WASHDC RHEHNSC/NSC WASHDC RHEFDIA/DIA WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000009
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP
NSC FOR E.PHU, DRL, DRL/AWH
E.O. 12958: DECL: 10/20/2018
TAGS: PGOVID KJUS ID
SUBJECT: MUNIR MURDER CASE -- PROSECUTION PLANS TO APPEAL
REF: 08 JAKARTA 02244 AND PREVIOUS
JAKARTA 00000009 001.2 OF 002
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000009
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP
NSC FOR E.PHU, DRL, DRL/AWH
E.O. 12958: DECL: 10/20/2018
TAGS: PGOVID KJUS ID
SUBJECT: MUNIR MURDER CASE -- PROSECUTION PLANS TO APPEAL
REF: 08 JAKARTA 02244 AND PREVIOUS
JAKARTA 00000009 001.2 OF 002
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
1. (C) SUMMARY: Prosecutors plan to appeal the recent
acquittal of former intelligence official Muchdi
Purwoprandjono who was on trial for the 2004 murder of human
rights activist Munir Said Thalib. Key witnesses rescinded
testimony or did not appear in court and prosecutors plan to
make that the basis of their appeal. Human rights activists,
angered by the verdict, are urging the GOI to continue to
press the case. There seems to be a possibility that the
case could eventually be reversed on appeal and Muchdi held
to account, but the legal process will take time. END
SUMMARY.
NEXT STEPS FOR THE PROSECUTION
2. (U) Despite a recent adverse ruling, the Indonesian
government will continue to press for accountability in the
Munir case. Prosecutors have announced that they plan to
appeal the December 31 acquittal of former intelligence
official Muchdi Purwoprandjono (see reftel). Muchdi was on
trial for conspiracy in the September 2004 murder of human
rights activist Munir Said Thalib. A South Jakarta District
Court, acting as the court of first instance, found Muchdi
"not guilty," asserting that the prosecution had not shown
motive or proven that Muchdi had used his position in the
Indonesian National Intelligence Agency (BIN) to kill Munir.
3. (U) The Attorney General's Office has stated that it will
appeal and is now preparing the necessary documentation. In
addition, both the independent Judicial Commission and the
Human Rights Commission have announced that they plan to
review the December 31 verdict. Members of both commissions
have expressed deep concerns about how the court handled the
case.
4. (U) In the meantime, Pollycarpus Priyanto--who was
convicted and sentenced to 20 years in prison for carrying
out the murder--has demanded "a judicial review" of his
sentence. Pollycarpus' lawyers say their client--who is now
incarcerated--deserves a new trial given that Muchdi was
cleared on related charges. It is not clear when the court
system might review Pollycarpus' request. His case has
already gone through the court system, including the entire
appellate process.
BASIS FOR APPEAL
5. (SBU) The clear basis for any appeal of the December 31
ruling is that key testimony was not reviewed by the court.
Key witnesses, especially a number of former military and
intelligence officers, rescinded testimony or did not appear.
For example, an intelligence official working at the
Indonesian EMBASSY in Islamabad initially gave testimony,
which was later rescinded. In addition, though this official
was called to testify, he refused to appear. Human rights
activists assert that all of this was due to "pressure" not
to testify (though they have not provided any evidence of
this). Activists added that they believe that the court did
not adequately question why the witnesses retracted their
earlier statements. Prosecutors and activists believe that
if all of this evidence is allowed in, the case against
Muchdi demands a conviction.
ACTIVISTS ANGERED
6. (C) Activists were deeply angered by the court's ruling.
Immediately after the verdict, dozens of activists
demonstrated angrily (but peacefully) outside the court and
elsewhere in Jakarta. In a January 5 meeting with Pol/C,
Djoko Susilo, a member of Parliament and noted human rights
JAKARTA 00000009 002.2 OF 002
defender, commented that he was "deeply disturbed at a clear
miscarriage of justice" and he hoped that the GOI moved
quickly to "right this wrong." Munir's widow, Suciwati, and
her lawyer, Usman Hamid, also spoke out publicly, attacking
the verdict and demanding full accountability.
IT WILL TAKE TIME
7. (C) Many Indonesians--especially its relatively small
clutch of liberal activists--were clearly angered by the
ruling. There does seem a possibility that the case could
eventually be reversed on appeal and Muchdi held to account,
but the legal process will take time. Pollycarpus' case, for
example, took several years--and many ups and downs--before
he was finally convicted and sent to jail. The GOI seems
firmly committed to continuing to press the case, which is a
positive sign.
HEFFERN
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP
NSC FOR E.PHU, DRL, DRL/AWH
E.O. 12958: DECL: 10/20/2018
TAGS: PGOVID KJUS ID
SUBJECT: MUNIR MURDER CASE -- PROSECUTION PLANS TO APPEAL
REF: 08 JAKARTA 02244 AND PREVIOUS
JAKARTA 00000009 001.2 OF 002
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
1. (C) SUMMARY: Prosecutors plan to appeal the recent
acquittal of former intelligence official Muchdi
Purwoprandjono who was on trial for the 2004 murder of human
rights activist Munir Said Thalib. Key witnesses rescinded
testimony or did not appear in court and prosecutors plan to
make that the basis of their appeal. Human rights activists,
angered by the verdict, are urging the GOI to continue to
press the case. There seems to be a possibility that the
case could eventually be reversed on appeal and Muchdi held
to account, but the legal process will take time. END
SUMMARY.
NEXT STEPS FOR THE PROSECUTION
2. (U) Despite a recent adverse ruling, the Indonesian
government will continue to press for accountability in the
Munir case. Prosecutors have announced that they plan to
appeal the December 31 acquittal of former intelligence
official Muchdi Purwoprandjono (see reftel). Muchdi was on
trial for conspiracy in the September 2004 murder of human
rights activist Munir Said Thalib. A South Jakarta District
Court, acting as the court of first instance, found Muchdi
"not guilty," asserting that the prosecution had not shown
motive or proven that Muchdi had used his position in the
Indonesian National Intelligence Agency (BIN) to kill Munir.
3. (U) The Attorney General's Office has stated that it will
appeal and is now preparing the necessary documentation. In
addition, both the independent Judicial Commission and the
Human Rights Commission have announced that they plan to
review the December 31 verdict. Members of both commissions
have expressed deep concerns about how the court handled the
case.
4. (U) In the meantime, Pollycarpus Priyanto--who was
convicted and sentenced to 20 years in prison for carrying
out the murder--has demanded "a judicial review" of his
sentence. Pollycarpus' lawyers say their client--who is now
incarcerated--deserves a new trial given that Muchdi was
cleared on related charges. It is not clear when the court
system might review Pollycarpus' request. His case has
already gone through the court system, including the entire
appellate process.
BASIS FOR APPEAL
5. (SBU) The clear basis for any appeal of the December 31
ruling is that key testimony was not reviewed by the court.
Key witnesses, especially a number of former military and
intelligence officers, rescinded testimony or did not appear.
For example, an intelligence official working at the
Indonesian EMBASSY in Islamabad initially gave testimony,
which was later rescinded. In addition, though this official
was called to testify, he refused to appear. Human rights
activists assert that all of this was due to "pressure" not
to testify (though they have not provided any evidence of
this). Activists added that they believe that the court did
not adequately question why the witnesses retracted their
earlier statements. Prosecutors and activists believe that
if all of this evidence is allowed in, the case against
Muchdi demands a conviction.
ACTIVISTS ANGERED
6. (C) Activists were deeply angered by the court's ruling.
Immediately after the verdict, dozens of activists
demonstrated angrily (but peacefully) outside the court and
elsewhere in Jakarta. In a January 5 meeting with Pol/C,
Djoko Susilo, a member of Parliament and noted human rights
JAKARTA 00000009 002.2 OF 002
defender, commented that he was "deeply disturbed at a clear
miscarriage of justice" and he hoped that the GOI moved
quickly to "right this wrong." Munir's widow, Suciwati, and
her lawyer, Usman Hamid, also spoke out publicly, attacking
the verdict and demanding full accountability.
IT WILL TAKE TIME
7. (C) Many Indonesians--especially its relatively small
clutch of liberal activists--were clearly angered by the
ruling. There does seem a possibility that the case could
eventually be reversed on appeal and Muchdi held to account,
but the legal process will take time. Pollycarpus' case, for
example, took several years--and many ups and downs--before
he was finally convicted and sent to jail. The GOI seems
firmly committed to continuing to press the case, which is a
positive sign.
HEFFERN