LAKSAMANA.Net, April 28, 2005 08:06 PM
If You're Innocent of Murder, Why Worry?
Laksamana.Net - Former State Intelligence Agency (BIN) secretary Nurhadi Jazuli
insists he had absolutely nothing to do with last year's murder of human rights
campaigner Munir. If that's true, then why is he steadfastly refusing to be questioned
by a government-backed team investigating the case?
More importantly, will President Susilo Bambang Yudhoyono put his foot down to
personally ensure that BIN obeys his order to give full assistance to the fact-finding
team? And will he replace National Police General Dai Bachtiar, who has a history of
covering up grave human rights violations?
After weeks of refusing to comply with a summons from the fact-finding team, Nurhadi
on Wednesday (27/4/05) held a press conference at a Jakarta restaurant to make it
clear that he had no intention of cooperating with the investigation team, although he
left most of the talking to his lawyers.
"Regarding all of the news that has forced me into a corner, I fully hand it over to my
lawyers Sudjono and Kamal Firdaus," he was quoted as saying by the Kompas daily.
Sudjono then said there was no legal obligation for his client to comply with the
summons from the fact-finding team, which was formed last December by virtue of
Presidential Decree No.111/2004.
"If Nurhadi Jazuli is summoned in line with the law, the investigating authority should
be the police. The fact-finding team is not the investigating authority as it does not
have concrete authority to summon people," he was quoted as saying by detikcom
online news portal.
He said Article 3 of the presidential decree states that the team's main tasks are to
help police gather evidence and data in order to examine the case thoroughly and
accurately, and "not to conduct its own investigation".
The lawyer further argued that in line with the 1981 Criminal Procedure Code, only the
police have the right to conduct interrogations. "So clearly, authority for the
investigation lies with police. Now, if the fact-finding team has called Nurhadi, what is
the legal basis of that?" he asked.
"If the fact-finding team invites Nurhadi and he does not come, then how could rumors
spread that he is uncooperative? The team is helping the National Police in the
investigation. The police are the ones carrying out the investigation. The team is not
part of the civil service appointed by regulations," he added.
Bachtiar has said police lack sufficient evidence to forcibly summon Nurhadi, so it
remains to be seen whether he will ever be questioned.
Munir, who came to prominence for exposing the military's many wrongdoings, was
killed by arsenic poisoning last September while on a Garuda Indonesia flight from
Jakarta to Singapore to Amsterdam.
The fact-finding team believes at least two BIN members co-opted Garuda staff to join
a conspiracy to murder Munir on the first leg of Flight GA-974. Team members have
said the professional assassination was conducted aboard an aircraft so Munir would
be certain to die due to a lack of access to adequate medical treatment.
Investigators believe arsenic was placed either in Munir's in-flight meal of noodles or in
a glass of orange juice he consumed on the Jakarta-Singapore leg of the journey. He
died at least three hours before the plane reached Amsterdam. A Dutch autopsy
found 465 milligrams of arsenic in his stomach, almost four times the minimum lethal
dose of 125 milligrams.
Police have so far named three suspects in the murder case: Garuda pilot
Pollycarpus Budihari Priyanto, who was assigned to the flight as an 'aviation security
officer' and convinced Munir to switch from economy to business class; aircraft galley
worker Oedi Irianto, who prepared meals on the flight; and senior flight attendant Yeti
Susmiarti, who served Munir his food and drink.
The only detainee so far is Pollycarpus. Local media reports have mentioned so far
unsubstantiated allegations that the pilot is a covert member of BIN operating on
orders from Nurhadi.
Yudhoyono last month appointed Nurhadi as ambassador to Nigeria, Ghana and
Liberia. He was to have taken over from Moezdan Razak, who had held the position
since February 2001 and completed his assignment in February 2005. The post is
now being temporarily filled by Albert A. Purba pending the investigation into Munir's
murder.
Sudjono claimed his client had been cooperative, along with the rest of BIN.
"Nurhadi's status is a provider of information, not a suspect. This has repeatedly been
stressed by BIN's head, as BIN is always open and supports the [investigation into
the] case of Munir's death," he said.
BIN has stubbornly refused to hold any meetings at the fact-finding team's office,
insisting that any questioning must instead take place at the agency's headquarters
in Kalibata, South Jakarta. The agency has also demanded that all questions be
submitted in writing in advance. Furthermore, members of the team are not allowed to
take mobile phones or recording devices into meetings at BIN headquarters.
Sudjono said the team should not attempt to question Nurhadi at its office, but should
instead invite him to a meeting at BIN's headquarters so that he can provide
information.
"It's extremely unjustified for the fact-finding team to state that Nurhadi has been
uncooperative. Moreover, the team has deviated from the presidential decree, as the
team is not an investigating authority but a collector of data, and it does not have the
right to interrogate people," he added.
Nurhadi, who is still classified as a member of BIN, complained that his departure to
Nigeria had been postponed as a result of the investigation.
"I feel I have incurred a loss because I cannot yet depart on my appointment as
ambassador to Nigeria," he said.
He said BIN members had nothing to do with Munir's death. He also denied knowing
Pollycarpus, let alone having given orders to him. "No way," he was quoted as saying
by detikcom.
Nurhadi then hinted that there could be some incriminating evidence against him.
"Many have misused my name and faked my signature to do wrong things during my
tenure [in BIN]," he was quoted as saying by The Jakarta Post daily. He did not give
details of the "wrong things" or name those who have allegedly forged his signature.
Fact-finding team member Hendardi questioned whether Nurhadi's press conference
took place with BIN's foreknowledge. "We and BIN have been defining the protocol [for
questioning the agency's members], and BIN asked that its officials not be called
before the protocol is established. We have obeyed this, so why is there now a refusal
[to meet with team]?" he said.
He said the team was not conducting a police inquiry, but was "seeking the facts" of
the case. "There's no need to be frightened. We are conducting this investigation for
justice," he added.
"The refusal is no problem. We will keep sending our reports to the president. We are
working based on the president's mandate, said Hendardi.
Fellow team member Usman Hamid also said BIN should not panic or act defensively
"unless some of its members were involved in the murder".
Hamid said Nurhadi should not attempt to evade the team's investigation, as such
recalcitrance will only hinder efforts to swiftly resolve the case and prevent him from
commencing his job as ambassador.
"But if he still doesn't want to be prepared to meet, then go ahead. It's all right,
because we don't know whether he is still a BIN member… If he is still a BIN member,
we will follow the political process, which will depend on BIN."
He said it remained to be seen whether Nurhadi's refusal to meet with the team was of
his own volition or an order from BIN head Syamsir Siregar.
'Refusal an Insult to the President'
Fact-finding team chairman Marsudi Hanafi on Thursday said Nurhadi's refusal to
comply with the team's summons was tantamount to an insult to the president.
"The team was formed by a presidential decree, so his refusal is significant. He is
insulting the president," he was quoted as saying by detikcom.
He said Nurhadi would automatically be obliged to follow the protocol for questioning
currently being thrashed out by the team and BIN.
Hamid concurred. "Once the protocol has been signed, then Nurhadi must honor this
agreement and he must come if he is summoned by the team."
Police Indifferent
Police on Thursday said they did not yet have any plans to question Nurhadi over the
murder of Munir, but would welcome him if he wants to voluntarily provide information.
"The team of investigating officers has not yet prepared a schedule for questioning
Nurhadi," said National Police criminal investigation chief Suyitno Landung.
Landung's deputy, Inspector General John Lalo, said he welcomed Nurhadi's attitude
that he was only willing to be questioned by police.
"It's very good, if indeed this is Nurhadi's intention. If he really wants to give us
information about the problem, we will be grateful. However, we will be waiting and will
not summon him. And this is much better," he was quoted as saying by detikcom.
"Basically, if Nurhadi really wants to be questioned, then we are ready to question
him. If it's really necessary," he added.
Nurhadi was born in the Central Java city of Pekalongan on May 1, 1948. During his
intelligence career he held several key positions in the National Intelligence
Coordinating Body (BAKIN), which was renamed BIN in 2001. He also served as
second secretary to the Indonesian Embassy in Vienna over 1986-1990.
No New Suspects
Lalo said police were yet to name any new suspects in the murder investigation due
to a lack of substantiating evidence from witnesses.
"We are still in the stage of seeking further information... To declare a suspect we
must first obtain supporting statements from witnesses," he said.
Pollycarpus' lawyer Suhardi Somomuljono last week said the fact-finding team's
efforts to summon Nurhadi had foundered because the summons lacked a strong
legal foundation.
"In my opinion, BIN is very professional and understands the problems of the law. The
summons does not have a legal foundation. The team can only hold consultative
meetings. Such consultations could be fulfilled or rejected. Neither side has violated
the law," he said.
Somomuljono had previously proposed the murder investigation be conducted by BIN,
and not the fact-finding team, as BIN has the highest authority in the country for such
an inquiry and could then publicly announce its findings.
"But the question now is whether BIN would want to carry out such an investigation,"
he said.
Police Chief
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 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".
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