President Susilo Bambang Yudhoyono once said that the Munir case was a "make or break" situation. It was decided last Wednesday, by a panel of judges at the South Jakarta District Court, which acquitted Muchdi Purwoprandjono in the murder of Munir Said Thalib, who was poisoned during a flight to Europe on September 7, 2004.
The judges, headed by Suharto, stated that Muchdi, the former Commander of the Special Forces who was at the time seconded as Deputy V for Support Operations at the State Intelligence Agency (BIN), "could not be proven fully and convincingly" that he committed the crime he was charged with. Muchdi confidently strode out of the courtroom, headed for his home in South Jakarta, with a victorious smile on his face.
Muchdi's New Year's gift from Suharto's panel of judges is a stark reminder of the bitter reality of attempting to go against sinister powers in Indonesia. From the outset it has been a difficult and slow process to find Munir's killer. For the first three years, for instance, the investigation went in circles, making some progress then suffering setbacks.
It was only four years after Munir's death, precisely on August 21, 2008, that Muchdi Purwoprandjono made his first appearance in the South Jakarta District Court as an accused. Four months into the trial, the court presented 14 witnesses, three experts, and four police officers who questioned the suspect during the investigation process.
During the investigation, there was a glimmer of hope that, finally, the mastermind behind Munir's murder would be revealed. Two of Muchdi's staff members at BIN, for instance, admitted to knowing Pollycarpus Budihari Priyanto-who was sentenced to 20 years imprisonment in the same murder case-as someone whom they once saw in Muchdi's office. Another witness, a member of the Special Forces who also works at BIN, admitted to seeing Pollycarpus in the office of one of BIN's directors, Budi Santoso.
Yet when the case went to court, all the witnesses whose testimonies pointed to Muchdi withdrew their statements made during their questioning. The prosecutor also failed to produce Budi Santoso, the "star witness" who was expected to expose Muchdi. Suharto's panel of judges used this deficiency to acquit Muchdi, who is currently deputy head of the Grand Indonesia Movement (Gerindra) Party, of all charges.
The murder of Munir is not an ordinary crime. The decision to eliminate this human rights activist can be traced to pre-reform days, when the objective of silencing anyone who fought for change justified the means. The murder of Munir actually had much larger and long-term political objectives. That heinous crime can also be seen as a part of a movement to drain this country's social capital.
It would not make sense, therefore, to close the book as yet on the Munir murder case, in spite of the verdict. President Yudhoyono's decision to study the verdict of the South Jakarta District Court, is worthy of support from all those who yearn for justice and change in this country. People must be convinced that this effort will be done transparently and result in progress.
Much controversy has surrounded the Muchdi trial, which ultimately brought the government's resolve into question. One example is the failure to produce the witness 'mystery man' Budi Santoso, in court. How difficult is it to bring a former (or current) member of BIN to court?
The excuse given for failing to put Budi on the witness stand has been his overseas posting as a staff member of the Indonesian embassy in Pakistan- and later, in Afghanistan. If an ambassador can be called home on occasion, then surely a mere embassy "staff member" would be easer to do-unless, of course, he is being protected by invisible hands with ambitions exceeding the power of the Head of State.
The effort of the Attorney General's Office to file an appeal against the Muchdi verdict should be seen as inevitable. Many links in this case could be further exposed, and new evidence should be sought. For instance, there are still inconsistencies with regards to the exact location where Munir was poisoned. One version has it taking place in the Garuda airplane, while another claims it happened on the ground in Singapore.
And new evidence which could break this case open would of course be Budi Santoso, "the mystery man". It is difficult to believe that the state is unable to produce this person in court. In fact, this could have a negative impact on the human rights situation in Indonesia. If they are unable to bring forth someone like Budi, then President Yudhoyono's political slogan, "Together we can continue the achievements we made" will seem nothing more than a joke before the next elections.