Indonesia's President Susilo Bambang Yudhoyono is under pressure to release a report which implicates his security forces in the murder of a high profile democracy activist. It comes after the Supreme court acquitted Garuda pilot Pollycarpus Priyanto of the murder of Munir Thalib during a flight to Europe in 2004. Munir was famous for exposing government and miliatry corruption especially during the Suharto dictatorship and had many enemies as a result.

Presenter/Interviewer: Karon Snowdon

Speakers: Asmara Nababan, former head of Indonesia's Human Rights Commission and Chair of the President's Fact Finding Team into Munir's death; Andi Mallerangan, the spokesman for President Susilo Bambang Yudhoyono

Snowdon: The murder of the 38 year old Munir by arsenic poisoning during a flight to the Netherlands in 2004 shocked Indonesia and put the new democracy's legal system on notice. That the system appears to have failed doesn't surpise Asmara Nababan, the former Secretary General of Indonesia's Human Rights Commission. And he holds the President himself responsible.

Nababan: The one who is responsible for this is the President himself. The President has promised to the public that he will order the true investigation by the police. And he even described the case of Munir as the test of history for Indonesia, in terms of rule of law.

Snowdon: Asmara Nababan who was also the Chair of the fact finding team appointed by a decree of the President himself to support the police investigation into Munir's death. The team included the police, government departments, and the human rights community.

Its report has not been made public by the President and its contents not used in the police investigation or at the trial of Polycarpus. The President had promised full transparency and that no-one would be beyond the law.

Its long been suspected that members of the secret intelligence service were involved in Munir's death. Asmara Nababan says the report concluded there was a conspiracy to murder Munir, it names members of the intelligence service and recommends a review of the first police team which mishandled the investigation, either deliberately or through incompetence.

Nababan: It is stipulated in the Presidenial decree the report of the (Fact Finding) Team will be publiicised by the Government, and its never done.

Snowdon: So without that going public from the outset its your view that the case was weak to begin with and that it needed that report?

Nababan: Yes because the report clear describes who is the people have to be investigated, becasue the conclusion of the team is it is a conspiracy. Now the team also mentioned several names from the intelligence community and as well from the Garuda Airlines, to be investigated but its not.

Snowdon: Would you say then that the President has been unwilling to release the report becasue of who it might implicate?

Nababan: Yes, yes.

Snowdon: Does that then draw him into a conspiracy?

Nababan: No I think he avoids to make an enemy among the powerful in the intelligence community.

Snowdon: there are names within the report that could be investigated.

Nababan: Yes.

Snowdon: Now the Police were members of your Fact Finding Team, and the Head of Police has said, today that he intends to fully investigate the case. Do you have any faith that that will happen?

Nababan: No becasue I think that kind of statement has already been published three or four times but there is no result.

Snowdon: The three member Supreme Court panel voted 2 to one to reverse the findings of two lower courts which found the off duty pilot Polycarpus Priyanto guilty of involvement of the arsenic poisoning of Munir. It seems he could be free as soon as early next year. The President's spokesman Andi Mallarangen says the President has ordered the police to "reinvigorate" the investigation.

Mallarangen: The President has also instructed the Police Chief to use all the information we have including from the independent team which the Police already got to make sure the investigation is done properly.

Snowdon: I understand the report does name some prominent people from the Intelligence service, regardless of who is named will they be investigated?

Mallarangen: Indonesia is a democracy right now, its based on the rule of law. Anybody is not beyond the law, that is the instruction of the President.

Snowdon: Asmara Nababan says the only solution is to make the fact finding team's report public.

Nababan: What now? It depends on Mr President, if he wants to convince the people about how to deliver the justice, the first step he should announce the Fact Finding Team report.