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Munir

Demand an Inquiry into Poisoning of Indonesian Rights Leader

Alert Issued: November 17, 2004

"I don't know the result yet. But if it's true, I will demand the perpetrators be punished, whoever is responsible for his death."

Munir's wife, Suciwati

On November 11 the news broke that an autopsy on Indonesian human rights activist Munir indicated that his death two months before may have been caused by poison. While the report by the Dutch Forensic Institute has not yet been made public, the Indonesian police have confirmed that the report documents fatal levels of arsenic in Munir’s system.

Early on September 7, the 38-year-old activist died after falling ill on a flight to the Netherlands, where he planned to study international humanitarian law. Munir had a history of health problems, and the poisoning of such a high-profile activist was unprecedented in Indonesia, so there was not a strong cause for suspicion. However, some colleagues felt his death was curious because Munir had received death threats so frequently in the past.

Indonesian police have announced an investigation, but their reluctance to provide Munir’s family with the autopsy report raises fears that the investigation will not be transparent.

Please call for the release of the autopsy report and for a transparent and effective investigation into the death of Munir.


Tell Me More

On the night of September 6, Munir left Jakarta for the Netherlands, where he had received a scholarship to study international humanitarian law. By the time he reached his first stop, Singapore, he was already feeling sick. On the flight to Amsterdam Munir began vomiting violently and experiencing severe pain. A doctor on board attempted to treat him, but he died early on the morning of September 7, two hours before reaching his destination.

An autopsy by the Dutch Forensic Institute found that Munir’s system had ten times the safe level of arsenic, according to a human rights lawyer who has been briefed on the report. A spokesman for the Dutch prosecutor’s office explained that his agency had no jurisdiction over the investigation, and so they passed it to Indonesia through diplomatic channels. A Dutch government statement explained that the “Dutch Foreign Office is of the opinion that a further criminal investigation is justified and conveyed this opinion to the government in Jakarta.”

As of November 17 Munir’s family had not yet received a copy of the autopsy. The Dutch prosecutor’s office instead gave a copy to their foreign ministry, who passed it on to the Indonesian foreign ministry. That ministry in turn gave a copy to the police, explaining that the faxed, unofficial translation could not yet be released publicly. Munir’s widow, Suciwati was forced to rely for information on the international press and an oral briefing from Indonesian officials. At a press conference on November 12 she argued that diplomatic etiquette should not deny her right to the information about her husband.

Human Rights First is encouraged by initial reports that the government of President Susilo Bambang Yudhoyono, who took office on October 20, is taking the matter seriously. Police officials announced an investigation encompassing both Munir’s last contacts in Indonesia and a visit by forensics experts to their counterparts in the Netherlands. Coordinating Minister for Political, Legal and Security Affairs Widodo Adisutjipto has said that the “stance of the National Police is very clear – to follow up the report transparently and accountably.” The case will also serve as a test for the new attorney-general, Abdul Rahman Saleh, who enjoys a reputation of integrity.

However Munir’s friends and family have called for the involvement of the National Human Rights Commission or representatives of civil society to ensure that there is no possibility of a cover-up. Since its creation by the Suharto regime in 1993, the National Human Rights Commission has made some important contributions to accountability despite losing some credibility to internal gridlock and its weakness relative to the military. Munir’s widow, Suciwati, told a press conference on Friday November 12:

We support a thorough investigation of the initial indications about the death of my husband. However considering the latest developments, we also demand that a comprehensive and credible investigation be done with the involvement of civil society and the National Human Rights Commission.
Human rights lawyer Todung Mulya Lubis told the press,
If it is political murder, it could happen to anyone who is critical and vocal against the government. That’s why civil society and the National Human Rights Commission must be involved in the investigation.
Munir’s Work

Munir came to prominence as an outspoken critic of the military in the chaotic years surrounding President Suharto’s fall from power in 1998. Munir and the organizations he helped to build went on to play an important role in many of the major human rights issues in the country, combining fearless advocacy and meticulous research.

Munir worked in various positions at the Legal Aid Foundation before founding the Commission for Disappearances and Victims of Violence (Komisi untuk Orang Hilang dan Korban Kekerasan, or Kontras) in 1998. Kontras played an important role in the struggle for accountability after the disappearance of pro-democracy activists during the transition from authoritarian rule. The organization was also at the forefront of human rights investigations into state violence in East Timor, Ambon, and Aceh. Munir had recently helped found a new NGO, Imparsial, and was serving as its Executive Director.

He also served on the Commission to Investigate Human Rights Violations in East Timor after the violence there in 1999. Munir played an important role in uncovering evidence of military responsibility for the violence and recommending action against high-ranking officers. Unfortunately, the trials that followed have been widely dismissed as a sham, and the organizations that Munir founded will continue to play an important role in holding the military accountable for their actions in East Timor and Indonesia.

As a result of his work Munir was a frequent target of threats and violence. Besides numerous death threats, Munir’s home had been attacked with a bomb and the Kontras office was attacked by thugs twice in early 2003 after the organization criticized the military.

Munir is survived by his wife Suciwati and their two young children, Soultan Alif Allende (5) and Diva Suukyi Larasati (2). His son was named in part for Salvador Allende while his daughter was named for Nobel-prize winner Aung San Suu-Kyi.

Sample Letter:

President Susilo Bambang Yudhoyono
Office of the President
Istana Merdeka
Jakarta 10110
Indonesia

Dear President Yudhoyono:

I am greatly saddened to hear that an autopsy has found that a leading human rights activist, Munir, had a lethal dose of arsenic in his system. This case will be the Yudhoyono administration’s first chance to stand up clearly for human rights and those who defend them.

The Indonesian police have announced an investigation based on the autopsy report. However given the importance of the case, I hope you will honor the request of Munir’s family and colleagues for the involvement of civil society representatives and the National Human Rights Commission.

Furthermore, the autopsy report should be immediately provided to Munir’s family, and, if they approve, to the general public. Such a move would be the best way to avoid the appearance of a cover-up. It would also be consistent with internationally-accepted practice. The United Nations Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions states:

Families of the deceased and their legal representatives shall be informed of, and have access to any hearing as well as to all information relevant to the investigation, and shall be entitled to present other evidence. The family of the deceased shall have the right to insist that a medical or other qualified representative be present at the autopsy.
Similarly, the United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions states that a “full report should be given to the appropriate authorities and to the deceased's family.”

When Munir died, you noted that “we need a person like Munir to remind us if we stray away from democracy." Now is a chance to see if Munir’s lessons have been taken to heart. The Government of Indonesia now has the opportunity to honor his ideals by investigating his death transparently and effectively.


Sincerely,



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