Early Release for Man Tied to Poisoning of Indonesian Defender

Alert Issued: January 4, 2007

On December 25, Pollycarpus Budihari Priyanto walked out of prison three months early. He is the only person ever to be prosecuted in the fatal poisoning of Munir, Indonesia’s leading human rights defender.

The Indonesian Supreme Court had overturned Pollycarpus’ murder conviction in October, but he remained in prison on a forgery charge related to the killing.

Those who planned and ordered Munir’s murder remain free, and now even the man suspected of carrying it out has been released.

Despite this major setback, the work to bring Munir’s killers to justice continues. The Indonesian police say they are still investigating, and the Supreme Court may review its decision. But many Indonesians say a more thorough inquiry will be needed to achieve justice.

You can help. The police chief recently said, “The President asked that the Munir case be resolved because of the attention it has received at home and abroad.” Please call on the Indonesian government to take these three steps:

• Release the report of a fact-finding team created by the President and act on its recommendations;
• Create a new independent team with a robust mandate to complement the work of the police; and
• Promptly and effectively prosecute any airline staff or former intelligence officials implicated by the evidence.

Background

On the morning of September 7, 2004, a leading Indonesian human rights defender named Munir Said Thalib fell sick on Garuda Indonesia flight 974 from Singapore to Amsterdam. Several hours later he was dead. The Netherlands Forensic Institute later found massive amounts of arsenic in his system.

In response to the domestic and international outcry, Indonesian President Susilo Bambang Yudhoyono created an independent fact-finding team (Tim Pencari Fakta, or TPF) to work in parallel to the police investigation. The first part of the investigation focused on an off-duty co-pilot named Pollycarpus Budihari Priyanto, who had called Munir’s phone to verify has travel plans and then convinced the activist to take his business class seat as they boarded the plane.

Investigators next determined that Pollycarpus had also received assistance from top airline officials in order to get the documentation necessary to fly on the same flight as Munir (for more on the investigation phase of the case, see Human Rights First’s white paper). These documents violated normal procedures and later became the basis for forgery charges against the pilot.

Next, the team focused on dozens of calls between Pollycarpus and the phone of a senior official at the State Intelligence Agency (Badan Intelijen Negara, or BIN) around the time of the murder. However, BIN officials refused to cooperate with the TPF, and the police did not effectively pursue these leads.

In June 2005 the team gave its report to the president. According to news reports, the report recommended that senior officials in the State Intelligence Agency and Garuda Airlines be fully investigated and prosecuted as appropriate, and called for a new independent commission with a stronger mandate to continue the team’s work. But the report was never made public despite a provision in the presidential decree that created the body, and its recommendations have not been implemented.

The trial of Pollycarpus opened on August 9, 2005 at the Central Jakarta District Court. The primary charge was that he carried out, ordered, or joined in an intentional and premeditated killing, a crime under section 340 of the Indonesian Criminal Code. He was also charged with forgery under section 263 of the criminal code, in connection with the internal documents enabling his presence on board.1

The trial met weekly for four months, in a courtroom packed with spectators and supporters. Outside, demonstrators in Munir masks, held a banner saying, “We don’t need a scapegoat, arrest the masterminds!” On some days a mysterious student group challenged the demonstrators, ripping up their signs and physically assaulting them.

Pollycarpus was convicted on both charges on December 20, 2005, and sentenced to 14 years in prison. The panel of judges noted in their verdict that the pilot could not have acted alone, and urged authorities to investigate who else had played a role in Munir’s death.2 Pollycarpus’ sentence was upheld on appeal in March 2006.3

Then, on October 3, 2006, the Supreme Court overturned the murder conviction, citing lack of evidence.4 The acquittal left the forgery charge and its two-year sentence in place. The weak police investigation and indictment had undermined the prosecution’s case, but the Supreme Court had options other than overturning the verdict. The judges could have summoned principal witnesses and examined other evidence not raised at trial.

Developments after October 2006

In October, Munir’s wife Suciwati came to the United States to accept an award from Human Rights First and to meet with U.S. and U.N. officials. Since then there have been a number of developments. Following Suciwati’s briefing to the Human Rights Caucus of the House of Representatives, members of Congress wrote their second letter to President Yudhoyono calling for progress in the case.

The Indonesian police soon announced that they had requested technical assistance from the U.S. Federal Bureau of Investigation (FBI). This is a welcome development, although it is too soon to know if the requested cooperation will be effective. The FBI participated in the investigation into the killing of two Americans near the Indonesian town of Timika, Papua in 2002. In that case, evidence of involvement by the Indonesian military was overlooked and it appears that some of those prosecuted in the case had no connection to the killings.  In addition, the Indonesian justice system has not always accepted the findings of foreign investigators, such as in the case of the killing of Dutch journalist Sander Thoenes in East Timor in 1999. It will be essential that FBI involvement is handled carefully and that there is political will in the Indonesian government to obtain justice.

In early December, an Indonesian parliamentary committee investigating Munir’s death finished its work and released a report supporting the recommendations and conclusions of the independent fact-finding team.5 The committee warned the president that if he did not create a new independent commission they would invoke their right to summon him for questioning (hak interpelasi).  They also urged the police to follow up on apparent links between Pollycarpus and the intelligence agency.

Pollycarpus remained in prison on the forgery charge until Christmas Day 2006. His release was scheduled for March, but his sentence was shortened by three months in keeping with the Indonesian practice of cutting sentences on national and religious holidays.

Three days later President Yudhoyono met with intelligence chief Syamsir Siregar, Attorney-General Abdul Rahman Saleh, and police chief General Sutanto. After the meeting, General Sutanto stated that the police were gathering new evidence and were awaiting the results of the FBI analysis. Asked if this evidence consisted of text messages or phone recordings, he replied “among other things.” The Attorney-General’s office announced plans to file a request for a case review, or peninjauan kembali, of the Pollycarpus verdictto the Supreme Court in January.

Under Article 263 of the Indonesian Code of Criminal Procedure, case review can be based on new conditions (such as fresh evidence) that would have altered the outcome of the prior decision. Case review can also be based on contradictory reasoning behind the verdict, or on other errors by the panel of judges.

However, there is some debate about whether the Attorney-General can request a case review. Article 263 states that it is the defendant who can request a review. While there is a prior example in the case of labor activist Mochtar Pakpahan tried in the years of the Soeharto regime, this precedent involved executive interference in the judiciary and may not be a helpful precedent

In any case, the review will apply only to the Pollycarpus prosecution. The new evidence that police are collecting and analyzing, with assistance from the FBI, must be used to charge and prosecute those responsible for planning, ordering, and assisting in the commission of the crime, including Garuda crew and senior management, and former intelligence officials.

Sample Letter

Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Negara
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
Indonesia

Dear President Yudhoyono,

I was very concerned to learn that Pollycarpus Budihari Priyanto was released from prison on December 25, 2006, after receiving a three-month reduction in his sentence. Pollycarpus was the only person ever charged or convicted in the fatal poisoning of Munir in September 2004. I urge you to take effective action to bring to justice those responsible for Munir’s killing. Specifically, I hope that you will release the report of the fact-finding team you created and act on its recommendations; create a new independent team with a robust mandate to complement the work of the police; and ensure the prompt and effective prosecution of any airline staff or former intelligence officials implicated by the evidence.
Munir's wife Suciwati recently came to the United States to accept an award from Human Rights First. She met with U.S. government and United Nations officials, who called on the Indonesian government to bring those responsible for this crime to justice. The Indonesian parliament has since issued a report calling for further action as well.
I was pleased to learn that following the release of Pollycarpus you called a meeting of senior police, prosecution, and intelligence officials to discuss the Munir case. Statements by those officials indicate that they are continuing to investigate and may request a case review by the Supreme Court. I was also encouraged to hear that police have requested assistance from foreign law enforcement agencies, including the FBI. However, there are still many obstacles to overcome. It is essential that the request for case review (peninjauan kembali) and any new indictments are sufficiently thorough to prevent unwarranted acquittals.
I urge you, as a first step, to publicly release the report submitted to your office by the official fact-finding team, and to create a new investigatory commission with a robust mandate. To prevent a repeat of the problems in the Pollycarpus prosecution, an inquiry is necessary into why the police have been unable to investigate the murder effectively to date. I hope that these steps, together with those you have already taken, will ensure that all of those who planned, ordered, carried out, and assisted in the murder of Munir are prosecuted fully and effectively.

Thank you for your attention to this important matter,