LAKSAMANA.Net, April 2, 2005 09:22 PM
Munir's Killers to Escape Death Penalty
Laksamana.Net - In a move to secure evidence from the Netherlands on the murder of
human rights campaigner Munir, Indonesia has promised that any suspects in the
case will be spared the death penalty.
"We guarantee not to impose the death penalty, which is allowed under Indonesia's
legal procedures," Attorney General Abdul Rahman Saleh was quoted as saying
Monday (28/3/05) by detikcom online news portal.
Dutch authorities had previously said they could not hand over the results of their
investigation into the murder because Dutch law prohibits the provision of evidence in
cases where the death penalty may result.
Indonesian authorities have made a big song and dance over the Dutch evidence, but
seem far less interested in allegations that members of the State Intelligence Agency
(BIN) orchestrated Munir's murder. It's most unlikely the Dutch evidence will reveal the
masterminds behind the murder.
Munir, founder of the Commission for Missing Persons and Victims of Violence
(Kontras) and the Indonesian Human Rights Monitor (Imparsial), was killed by arsenic
poisoning while on a Garuda Indonesia flight from Jakarta to Singapore to Amsterdam
in September.
So far the only suspect in the case is Garuda pilot Pollycarpus Budihari Priyanto, who
was assigned to the same flight as an ‘aviation security officer' and convinced the
activist to switch from economy to business class. Police have found the pilot's letter
of assignment was falsified, as it was issued after Munir's death.
A government-appointed fact-finding team investigating the murder has said there are
"strong indications" that Pollycarpus four other Garuda employees were involved in a
conspiracy to kill Munir and then cover up the crime.
Those named by the team are former Gaurda president director Indra Setiawan,
corporate security head Ramelgia Anwar, Airbus 330 chief pilot secretary Rohainil
Aini, and vice president of human resources Daan Ahmad. All four have denied any
involvement. Setiawan and the rest of Garuda's directors were fired last month.
The team believes the airline's staff were acting under orders from elements within BIN
and has advised police to investigate two members of the intelligence agency as
possible suspects. The two BIN members are yet to be publicly named due to legal
reasons.
Local media reports have suggested Pollycarpus is an undercover BIN operative, as
he has allegedly bragged of his intelligence links, and has been in conflict zones such
as Aceh, Irian Jaya (now Papua) and East Timor.
Munir died at least three hours before his plane arrived in the Netherlands. Dutch
authorities subsequently interviewed several passengers and Garuda employees from
Flight GA-974, and also conducted an autopsy, in which they took tissue samples
from the deceased's body.
The Dutch government last month handed over its report on Munir's death to the
Indonesian Embassy in The Hague, but is yet to hand over the tissue samples as the
embassy lacks appropriate storage facilities.
Saleh said his written guarantee not to use the death penalty had been forwarded to
the Foreign Affairs Ministry, which would present it to the Dutch government.
He acknowledged it was rare for Indonesia to make such an exception, but said it was
vital to obtain the Dutch evidence. "Whether the courts will agree or the president will
give a pardon or not, those are matters to be dealt with later. What's important is that
we completely investigate the case first. Only then can we determine a verdict," he
added.
The attorney general denied the Dutch government's request to spare the death
penalty was a form of intervention in Indonesia's legal system, saying the Dutch were
merely following their own law.
Dutch Evidence Arrives
National Police headquarters announced Thursday (31/3/05) it had received the case
file of the Dutch authorities' investigation into Munir's death.
"The case file was received by the National Police today. The file is written in Dutch at
is now being translated," said police spokesman Aryanto Budihardjo.
He said the file contained records of interviews, witness statements and an
investigation "at the scene of the crime" – the Garuda plane that arrived at
Amsterdam's Schiphol Airport on September 7.
Police will study the documents and then take further steps based on any new
information. "There are several documents there we don't fully understand yet," said
Budihardjo.
He said police were prepared to send a forensic team to the Netherlands to collect the
body tissue samples.
Police have also been studying testimony from various witnesses questioned in
Jakarta and plan to summon more witnesses next week, he said. He declined to
name those who would be questioned.
Foreign Affairs Ministry official Retno Marsudi on Wednesday said the Indonesian
Embassy in The Hague had received the Dutch report on March 22, but held onto it for
a week before sending it Jakarta because it needed time to "legalize" the document.
She said the body tissue samples were still being kept at the Netherlands Forensic
Institute (NFI), which had conducted the autopsy on Munir.
"The Dutch government has in principle agreed to hand over all evidence to Indonesia.
But the Indonesian Embassy could not just accept the body tissues, as they will
require special handling, so they are still being kept at the NFI," she was quoted as
saying by detikcom.
National Police chief General Dai Bachtiar said Friday his officers will evaluate the
Dutch investigation record and use it to cross-check statements made by witnesses
interviewed in Jakarta.
"We will examine the results of the Dutch investigation, which was the first one, to
see whether information that was given to us corresponds with information that was
given in the Netherlands," he said, adding the tissue samples would also be brought
to Indonesia soon.
Bachtiar then seized on what seems to be his favorite subject in the case: Indonesia's
efforts to question two Dutch citizens who were on Munir's flight.
He said the Dutch government would facilitate the questioning of the two, if only for
the sake of the investigation. "This will be carried out by us, although it has been
suggested it might not be essential for taking legal action."
Bachtiar has been accused of dragging his feet in the investigation, because he had
repeatedly insisted that police could not possibly name any suspects until they had
questioned all witnesses, including the two Dutch citizens. But police were forced to
declare Pollycarpus a suspect last month after strong pressure from parliament and
the media. It remains to be seen whether police will also arrest the Garuda officials
implicated in the conspiracy.
BIN Chief Evades Another Meeting
The fact-finding team was first scheduled to meet with BIN chief Syamsir Siregar on
March 24 to discuss the intelligence agency's possible involvement in the Munir case.
But the meeting was canceled because Siregar was unexpectedly summoned by
President Susilo Bambang Yudhoyono to attend a cabinet meeting.
The meeting was rescheduled for April 1 and canceled again, ostensibly because
Siregar's timetable did not match that of the fact-finding team.
Siregar had on Monday claimed he wanted to meet with the team "as soon as
possible" in order to "stop the spread of rumors" about the intelligence agency's
alleged involvement in the murder.
"Only an agreement on the day is lacking. When we could, they could not. When
they could, we could not. We are still coordinating with them, just waiting for the right
time," he was quoted as saying by detikcom.
He claimed to be unaware of the precise agenda of the planned meeting, but said he
was well prepared to put a swift stop to the allegations against BIN. "I've asked for it
to be accelerated to stop these sorts of rumors from spreading."
Siregar said he would use the meeting as an opportunity to tell all sides to cease
talking about BIN's alleged role in the murder because there is no proof the agency
was involved.
Asked whether we was striving to clean BIN's name, he haughtily replied: "What do
you mean clean it? Is it really dirty? There are only assumptions, no proof yet… Have
we been dirty? Can you prove we are in the wrong?"
Fact-finding team member Rachland Nashidik, who is executive director of Imparsial,
on Thursday said Siregar had canceled three meetings without providing a clear
explanation.
"We regret the BIN chief's attitude in not coming to the fact-finding team. Actually, the
team only wants to raise two matters in the meeting with the BIN chief," he said.
First, he said, to request BIN's commitment to fully cooperate with the team and
provide any necessary information. And second, to propose a mechanism for the
cooperation between the team and BIN in the investigation of the Munir case.
"Syamsir Siregar's attitude shows precisely that BIN is an untouchable agency, even
though the fact-finding team is agency that was formed by the direct authority of the
president," Nashidik was quoted as saying by detikcom.
He said the team has sent Siregar a second invitation for a meeting, which is
scheduled to be held at 2pm Wednesday (April 6) at the office of the National
Commission on Women's Rights, which also doubles as the team's office.
"This is a gesture of good intention on our part, because we are not inviting him to the
criminal investigation division of National Police headquarters," he added.
Fellow team member Munarman, who is chairman of the Indonesian Legal Aid
Institute Foundation (YLBHI), said Siregar should re-read the presidential decree on
the formation of the team, because it states that all government and state agencies
must give the team as much access as possible.
Another member of the team, Kontras coordinator Usman Hamid, on Friday said a
BIN official had informed him that Siregar wanted the meeting to be held next Tuesday
at the agency's headquarters in Kalibata, South Jakarta.
"But because this was done without a letter [of invitation] and we already have an
agenda arranged for this coming Tuesday, then perhaps we will meet with him on
Wednesday," he said.
Police chief Bachtiar on Friday claimed his office would investigate all people
suspected by the team of involvement in the Munir case, including members of BIN.
"All of them will be examined by us," he was quoted as saying by detikcom.
But he claimed to be unaware of any connection between BIN and the murder. "I have
not yet received a report on whether they had a role," he said.
Asked when police would start naming some more suspects in addition to
Pollycarpus, Bachtiar said his office could not simply start arbitrarily declaring
suspects.
"Everything must be supported by facts; witnesses and evidence are enough. That is
important and that is what we will do in regard to anyone. Our law does not randomly
arrest and accuse people without witnesses and evidence. We will see their role," he
said.
He further said some of the people already questioned over Munir's murder might not
be telling the full story or could be lying, so investigators should cross-check their
information.
Dai Bachtiar's Track Record: Protecting the Generals
Some analysts feel Yudhoyono may need to replace Bachtiar if police are to have any
hope of unmasking Munir's killers.
Bachtiar was National Police spokesman in early 1998 when the Army's elite Special
Forces (Kopassus) kidnapped and tortured numerous pro-democracy activists in a
carefully planned campaign of terror against opponents of the regime of then president
Suharto. Many of the activists are still missing, apparently having been murdered by
the military.
Munir was at the forefront of efforts to expose the military's role in the abductions. But
he received zero help from Bachtiar, who in April 1998 told the press that all of the
missing activists had not been kidnapped but were merely in hiding. That was a
whopping lie aimed at covering up the misdeeds of Kopassus.
One of the main people behind the kidnappings was former Kopassus chief Major
General Muchdi Purwopranjono, who went on to become deputy head of BIN and is
rumored by the local media to be linked to Pollycarpus.
A recent report by the Dateline current affairs program on Australia's SBS network
mentioned that "Muchdi is known to have hated Munir, who exposed his role in
kidnapping and disappearing student activists in 1998".
Given that Bachtiar has brazenly lied in the past to protect Muchdi and other villainous
generals, analysts feel there's no reason that he won't do so again; so therefore he
should be replaced.
Andi Arief, one of the kidnapped activists who was released, has tried unsuccessfully
to sue Bachtiar for lying to the public about the abductions.
Arief was abducted by Kopassus officers in Central Java on March 28, 1998, and
taken to a military compound, where he was tortured for three weeks. He was later
handed over to police on April 18.
Bachtiar told the press on April 8 that Arief and the other missing activists had not
been kidnapped. On April 25, he again lied to the public by claiming that Arief had
been in police detention since March 28.
In 2000, Bachtiar was police chief of East Java province, when then president
Abdurrahman Wahid ordered police to reopen an investigation into the torture, rape
and murder of labor activist Marsinah. Not surprisingly, the culprits were never found
and Bachtiar was again accused of involvement in a massive cover-up.
Marsinah's battered body was found on May 8, 1993, after she led a strike at a watch
making factory where she worked in Porong, East Java. Eyewitnesses saw her forced
into a van by men fitting the description of military personnel.
The factory's management personnel were tried in 1993 and sentenced to short terms
but later released. The chief of the Porong Military Subdistrict was sentenced to nine
months by a military tribunal. Military intelligence officers had tortured the accused
and forced confessions out of all of them.
Despite the results of investigations conducted by government and independent
bodies pointing to the involvement of senior military and police personnel in the brutal
murder, Bachtiar in 1998 could only tell the public that three policemen from the East
Java city of Madiun were suspected of involvement in the case. "They saw Marsinah
when she was in agony, about to die and needing help. But the three didn't give her
any help. That's why they are suspected in the murder of Marsinah," he said.
Others accuse Bachtiar of covering up an even more systematic campaign of terror
and murder when he served in East Java. Noted political analyst George Aditjondro
claims that 10,000 Laskar Jihad fighters sailed to Maluku province in 2000 to partake
in a ‘holy war' with Bachtiar's tacit support.
Despite Wahid's order to the military and police to prevent the jihad forces from
leaving Java, Bachtiar did nothing to stop them boarding a state-owned ship, the KM
Rinjani, in Surabaya and setting sail for Ambon, the capital of Maluku. They were also
allowed to transport their weapons, hidden in 200 containers, on another ship, the
Tanto Sakti, which reached Ambon after the arrival of the fighters.
Bachtiar has also been accused of corruption and collusion in relation to the Bank
Indonesia liquidity support (BLBI) funds, involving many tycoons and billions of dollars,
when he was National Police detective chief later in 1998. Bambang Widjojanto of
YLBHI has said Bachtiar's name was implicated in extortion activities during the
investigation into the scandal.
Former president Megawati Sukarnoputri in November 2001 appointed Bachtiar
National Police chief, claiming he was "the best man for the job".
Prosecutors Appointed
Although police still have a long way to go in exposing the masterminds of Munir's
murder, the Attorney General's Office has already begun forming a team of
prosecutors to deal with the high-profile case.
Jakarta High Prosecutor's Office spokesman Hariyono on late Monday said two
prosecutors had so far been appointed to monitor developments in National Police's
investigation of the case.
He said the appointments had been requested by the Attorney General's Office in a
letter dated March 18. "As far as this is concerned, the preparations that have been
carried out are not yet significant, because the process of law involving the Jakarta
High Prosecutor's Office is still quite some time away. But at this time we have
appointed two public prosecutors to have consultations with the National Police
investigators. They are named Fince and Rum," he was quoted as saying by
detikcom.
The letter from the Attorney General's Office said the creation of a "capable and
professional" prosecution team was necessary as more people are likely to be
declared suspects in the near future. The letter was signed by Attorney General's
Office pre-trial director I Putu Kusa, who is also a member of the fact-finding team.
The prosecutors must handle the case "carefully and completely" by coordinating with
police in order to become aware of all facts and supporting evidence, and should
report all developments to the Attorney General's Office, said the letter.
Mandate Extended Until June 23
The 13-member fact-finding team was formed by the president to assuage concerns
that the slow pace of the police investigation was due to a cover-up.
Led by a police detective and comprising rights activists, lawyers and law officials, the
team was launched by virtue of a presidential decree on December 23 and given only
three months to complete its inquiries.
Kontras coordinator Hamid on Monday said the president had extended the team's
mandate by three months until June 23. Under the terms of the decree, the mandate
cannot be extended again.
Hamid said the extension was granted to enable the team to question and examine
current and former BIN officials possibly linked to the murder.
The team would also continue providing assistance to police to help them overcome
political obstacles, he said.
"From a personal or Kontras point of view, the investigation into the Munir case has
been far from satisfactory. But there has indeed been progress with the presence of
one suspect," he was quoted as saying by detikcom.
He said it was possible the masterminds of Munir's murder might never be caught, as
Indonesia has generally been incapable of unmasking those responsible for politically
motivated killings, with low-ranking soldiers or police invariably taking the blame.
Such cases, he added, included the murders of labor rights activist Marsinah,
journalist Fuad Muhammad Syafruddin, Papuan independence campaigner Theys
Eluay, Aceh rights activist Jafar Sidik, and numerous pro-democracy activists.
"In fact, in the case of the abducted activists, senior generals from Kopassus were
involved. But nothing could be done despite the available facts. So don't be too
optimistic that this case could be solved. But we still have to keep doing something,"
said Hamid.
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