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The Jakarta Post


The Jakarta Post, May 14, 2007

Munir murder case review 'possible'

Alvin Darlanika Soedarjo, The Jakarta Post, Jakarta

The move by Attorney General Hendarman Supandji to file for a case review concerning the murder of human rights activist Munir Said Thalib was the right thing to do despite the possibility of it being rejected, a lawyer said Sunday.

The Supreme Court acquitted Garuda Indonesia off-duty pilot Pollycarpus Budihari Priyanto, widely believed to be responsible for the murder of Munir, due to a lack of evidence.

"Although requests for case reviews to the Supreme Court are not usually filed by the Attorney General's Office (AGO), a precedent for this does exist," Hendardi from the Indonesian Legal Aid and Human Rights Association said.

Hendardi said the case of Muchtar Pakpahan was proof that the AGO could file for a case review, which Hendarman said previously would be a "make or break" effort. Pakpahan is a labor activist accused of inciting a riot in Medan in 2004.

The Supreme Court acquitted Muchtar in 2006 after he was handed down a four-year jail term in lesser courts. The acquittal prompted the prosecutors to file for a case review.

The Criminal Code stipulates that a defendant or their heir has the right to file for a case review. The code does not specify the right of prosecutors to file for a case review.

Munir died of arsenic poisoning in 2004 while he was onboard a Garuda flight from Jakarta to Amsterdam which included a stopover in Singapore.

"New evidence presented to the attorney general made it possible for him to review this case," Hendardi said, adding that all efforts to achieve justice must be supported by the police and the whole community despite legal limitations.

Hendarman previously said that if new evidence was presented by police, it would help to assemble a stronger review of the case. The police, however, say that they have handed over all evidence concerning Munir's murder to the AGO.

Nursyahbani Katjasungkana, a legislator from the House of Representatives Commission III overseeing legal matters, said the commission has not scrutinized the technical legality of the case review.

"However, personally I agree with the attorney general's effort for a review of the Munir case," Nursyahbani of the National Awakening Party faction said.

Recently police announced the emergence of new evidence, including a new key witness named Ongen Latuihamallo, which may lead to Pollycarpus sitting before the judges once again.

National Police spokesman Insp. Gen. Sisno Adiwinoto said that police are still investigating two suspects. The suspects are former Garuda chairman Indra Setiawan and the secretary to Garuda chief pilot, Rohainil Aini.

"Regarding Ongen's status, we haven't received an update from the police investigation team yet as to whether he will become a suspect or not," he said.

It has been alleged that Ongen chatted with Munir at the Changi airport in Singapore before the activist boarded the flight.

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