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Resolve to improve courts questioned after murder acquittal

Source
International Herald Tribune - January 1, 2009

Peter Gelling – The acquittal of a former deputy intelligence chief and military general of charges stemming from the 2004 murder of Indonesia's most celebrated human rights activist has again called into question the country's commitment to reforming its justice system.

Immediately following the Jakarta court decision to clear Muchdi Purwoprandjono of any wrongdoing in the death of Munir Said Thalib on Wednesday, throngs of demonstrators made their way to the presidential palace to demand that President Susilo Bambang Yudhoyono follow through on his promise to solve the high profile case.

Muchdi had been charged with planning and ordering the murder of Munir, who died of arsenic poisoning aboard the state carrier Garuda en route to the Netherlands. Muchdi's arrest in June was seen as a major step in the case, especially considering the culture of impunity that senior military officials have long enjoyed in Indonesia.

Muchdi was originally connected to the crime through the investigation of Pollycarpus Priyanto, a Garuda pilot sentenced to 20 years for spiking Munir's drink. The police found that the two had exchanged about two dozen phone calls leading up to the murder.

But as the five-month long trial progressed, several witnesses for the prosecution suddenly retracted sworn statements previously made to the police, while others failed to remember basic facts and still others failed to show up in court at all. Many of them were former or current intelligence or military personnel.

The panel of judges also refused to allow the sworn statements originally made to the police by the witnesses to be presented in the courtroom and further denied the prosecution the opportunity to present other key documents during the trial.

Groups of Muchdi supporters present inside and outside the courtroom added to an already threatening atmosphere for witnesses, judges and prosecutors.

"There were always people occupying the courtroom creating an atmosphere of fear for all the parties involved," said Usman Hamid, director of Kontras, a human rights group. "Even police personnel and prosecutors responsible for this case told us they had been threatened."

Munir's widow, Suciwati, was distressed at the verdict, telling reporters after the trial, "This is a painful thing." She has campaigned vigorously to have the officials responsible for ordering the murder jailed. "I have not only lost a husband," she told reporters. "But also an understanding of justice."

Though prosecutors have already said they would appeal the verdict to Indonesia's Supreme Court, the initial trial is likely to concern foreign and domestic observers. Earlier this year the United States withheld several million dollars in military aid pending a resolution to the Munir case. Analysts have said the outcome demonstrates that despite 10 years of democratic reform, the country is still unable to hold senior military officers accountable for human rights abuses.

No senior official from the military or the intelligence agency has been convicted for their roles in political killings during the era of Suharto, Indonesia's former authoritarian ruler, or human rights abuses in the restive provinces of Aceh, Papua and the now-independent East Timor.

"If Indonesia is to move beyond its authoritarian past, the justice system must show that generals are not above the law," said Matt Easton, director of the Human Rights Defenders Program at Human Rights First, an international human rights organization based in New York and Washington. "Investigators, prosecutors, and the courts must be ready to go where the evidence and the law lead them."

The Munir murder trial will likely become a political hurdle for Yudhoyono as the 2009 presidential election gets under way. Yudhoyono swept into office with promises of reform and clean governance.

After Munir's murder, Yudhoyono made a now famous promise to resolve the case during his first term. The president himself has said the case is a test for how much Indonesia has changed since the fall of Suharto and the introduction of democracy.

"This has been a devastating result," said Hamid. "The whole justice system here is so weak. That said, this is far from over."

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