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DE RUEHJA #0009/01 0050914
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FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1134
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
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C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000009 
 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP 
NSC FOR E.PHU, DRL, DRL/AWH 
 
E.O. 12958: DECL: 10/20/2018 
TAGS: PGOVID KJUS ID
SUBJECT: MUNIR MURDER CASE -- PROSECUTION PLANS TO APPEAL 
 
REF: 08 JAKARTA 02244 AND PREVIOUS 
 
JAKARTA 00000009  001.2 OF 002 
 
 
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d). 
 
¶1.  (C) SUMMARY:  Prosecutors plan to appeal the recent 
acquittal of former intelligence official Muchdi 
Purwoprandjono who was on trial for the 2004 murder of human 
rights activist Munir Said Thalib.  Key witnesses rescinded 
testimony or did not appear in court and prosecutors plan to 
make that the basis of their appeal.  Human rights activists, 
angered by the verdict, are urging the GOI to continue to 
press the case.  There seems to be a possibility that the 
case could eventually be reversed on appeal and Muchdi held 
to account, but the legal process will take time.  END 
SUMMARY. 
 
NEXT STEPS FOR THE PROSECUTION 
 
¶2.  (U) Despite a recent adverse ruling, the Indonesian 
government will continue to press for accountability in the 
Munir case.  Prosecutors have announced that they plan to 
appeal the December 31 acquittal of former intelligence 
official Muchdi Purwoprandjono (see reftel).  Muchdi was on 
trial for conspiracy in the September 2004 murder of human 
rights activist Munir Said Thalib.  A South Jakarta District 
Court, acting as the court of first instance, found Muchdi 
"not guilty," asserting that the prosecution had not shown 
motive or proven that Muchdi had used his position in the 
Indonesian National Intelligence Agency (BIN) to kill Munir. 
 
¶3.  (U) The Attorney General's Office has stated that it will 
appeal and is now preparing the necessary documentation.  In 
addition, both the independent Judicial Commission and the 
Human Rights Commission have announced that they plan to 
review the December 31 verdict.  Members of both commissions 
have expressed deep concerns about how the court handled the 
case. 
 
¶4.  (U) In the meantime, Pollycarpus Priyanto--who was 
convicted and sentenced to 20 years in prison for carrying 
out the murder--has demanded "a judicial review" of his 
sentence.  Pollycarpus' lawyers say their client--who is now 
incarcerated--deserves a new trial given that Muchdi was 
cleared on related charges.  It is not clear when the court 
system might review Pollycarpus' request.  His case has 
already gone through the court system, including the entire 
appellate process. 
 
BASIS FOR APPEAL 
 
¶5.  (SBU) The clear basis for any appeal of the December 31 
ruling is that key testimony was not reviewed by the court. 
Key witnesses, especially a number of former military and 
intelligence officers, rescinded testimony or did not appear. 
 For example, an intelligence official working at the 
Indonesian Embassy in Islamabad initially gave testimony, 
which was later rescinded.  In addition, though this official 
was called to testify, he refused to appear.  Human rights 
activists assert that all of this was due to "pressure" not 
to testify (though they have not provided any evidence of 
this).  Activists added that they believe that the court did 
not adequately question why the witnesses retracted their 
earlier statements.  Prosecutors and activists believe that 
if all of this evidence is allowed in, the case against 
Muchdi demands a conviction. 
 
ACTIVISTS ANGERED 
 
¶6.   (C) Activists were deeply angered by the court's ruling. 
 Immediately after the verdict, dozens of activists 
demonstrated angrily (but peacefully) outside the court and 
elsewhere in Jakarta.  In a January 5 meeting with Pol/C, 
Djoko Susilo, a member of Parliament and noted human rights 
 
JAKARTA 00000009  002.2 OF 002 
 
 
defender, commented that he was "deeply disturbed at a clear 
miscarriage of justice" and he hoped that the GOI moved 
quickly to "right this wrong."  Munir's widow, Suciwati, and 
her lawyer, Usman Hamid, also spoke out publicly, attacking 
the verdict and demanding full accountability. 
 
IT WILL TAKE TIME 
 
¶7.  (C) Many Indonesians--especially its relatively small 
clutch of liberal activists--were clearly angered by the 
ruling.  There does seem a possibility that the case could 
eventually be reversed on appeal and Muchdi held to account, 
but the legal process will take time.  Pollycarpus' case, for 
example, took several years--and many ups and downs--before 
he was finally convicted and sent to jail.  The GOI seems 
firmly committed to continuing to press the case, which is a 
positive sign. 
HEFFERN