Nivell Rayda, Jakarta – In the minds of human rights activists in Indonesia, two events stand out as reprehensible examples of the impunity enjoyed by human rights violators in the country – the day Munir Said Thalib was murdered, and the day the alleged mastermind behind his death was acquitted.
Precisely six years ago today, Munir, at the time the country's most prominent human rights defender, died after being poisoned on a Garuda flight from Jakarta to Amsterdam. He was 38.
Even though Pollycarpus Budi Priyanto, a former Garuda pilot, was sentenced to 20 years for lacing Munir's drink with a fatal dose of arsenic, the motives or the masterminds behind the killing remain unproven in court.
"Just a day prior to his death, we were chatting with Munir [about his planned studies]. So you can see how his death came as a shock to everyone," Usman Hamid, chairman of the National Commission for Victims of Violence and the Disappeared (Kontras), a watchdog founded by Munir, told the Jakarta Globe.
But for Munir's widow, Suciwati, the real shock came on Nov. 13, 2004, when Amsterdam police publicly announced that her husband was murdered.
"I was so angry. The day we heard the news from Amsterdam, Usman and several other activists accompanied me to the Ministry of Defense, to the Ministry of Foreign Affairs, the National Police and the Dutch Embassy in Jakarta demanding answers," she told the Globe. "I was even more shocked to learn that the government had known about this since Oct. 28."
Kontras lobbied to be included in the presidentially appointed fact-finding team that worked separately from the police investigation.
In its findings, the team accused former State Intelligence Agency (BIN) deputy director Muchdi Purwopranjono of masterminding Munir's murder and recruiting Pollycarpus as his accomplice.
The allegations were based on the statements of several witnesses who told the team that Pollycarpus often communicated with Muchdi over the telephone and via e-mail, and that Pollycarpus even told Muchdi "my job is done" shortly after he laced Munir's drink with arsenic while in transit at Singapore's Changi airport.
When the case eventually went to trial, the prosecution alleged that Muchdi had orchestrated the murder to get even with Munir, whose fierce criticism cost the retired army general the top job at the Army's Special Forces unit (Kopassus), in 1998.
Muchdi's dismissal is widely attributed to Munir's fierce criticism of the kidnapping of 13 activists by Kopassus members in 1997 and 1998.
But on Dec. 31, 2008, the South Jakarta District Court ruled that Muchdi was not guilty as prosecutors had failed to prove the motive after three key prosecution witnesses retracted their sworn testimonies. The verdict was later upheld by the Supreme Court.
Taufik Basari, a prominent lawyer and former member of the Committee of Solidarity Action for Munir, noted that the prosecution had failed to follow up many findings of the fact-finding team.
"This, I think, is why the AGO lost the case. A lot of the findings were not even brought up by the prosecution and some were, but were not presented in full. This evidence could have been enough to highlight the connection between Muchdi and Munir's death," Taufik told the Globe.
In February 2010, the National Human Rights Commission (Komnas HAM) identified flaws in the investigation, prosecution and trial of Muchdi and recommended reopening the case.
"The president must appoint a new Attorney General who is committed to resolving the case," Usman said.
"The Komnas HAM recommended a new investigation of Munir's death, but the AGO never complied. The AGO also has not filed for a case review at the Supreme Court or prosecuted other cases of human rights violations lodged by Munir."
While justice in the Munir case still hasn't been served, it is clear his death has had an impact.
Amnesty International said that the lack of full accountability for Munir's murder contributes to an ongoing climate of fear among human rights defenders, some of whom have recently come under attack.
"Accountability for Munir's killing will send a clear message that intimidation and attacks against human rights defenders will not be tolerated," the group said in a statement.
"This is not only about my husband's death," Suciwati said. "Munir's murder was carried out overseas and attracted international attention. Despite international pressure, the government had done an appalling job at catching the mastermind. You can imagine what would happen to activists in rural areas."
But at the same time, Poengky Indrawati, executive director of rights group Imparsial, said that Munir had inspired a new generation of human rights activists.
"Munir is a figure that inspires and encourages people to never give up the fight for their own rights and others whose rights have been violated. Munir's principle was that if you are right then you must be courageous and that resonates in a lot of the young activists today," she said.
Suciwati said that she teaches her two children, 8 and 11, to be compassionate.
"I always tell them of the good things their father did, what he fought for and what he stood for. I also teach them to accept the reality of the loss of their father, while not falling victim themselves to anger, hatred or wishes for vengeance," she said.