The decision announced by the Indonesian police on 7 November that he would not allow any international involvement in efforts to investigate the murder of Munir will come as a huge disappointment to his widow, Suciwati, who has worked relentlessly since his murder more than two years ago for a thorough investigation into this politically-motivated murder.

Her efforts to seek international involvement in the investigation came following the decision of Indonesia's Supreme Court in October to acquit the only man who had been convicted of involvement in the murder, a decision which meant that recourse to domestic remedies for the case were effectively at an end.

On a recent visit to Washington, Suciwati secured the agreement of the UN's Special Rapporteur on Extrajudicial Executions, Professor Philip Alston, to press the Indonesian Government to renew its investigations into the case and to offer his services in the investigations.

In response, the National Police Chief General Sutanto said unequivocally that "we want no foreigners interfering in the process". He also said that they were now searching for new evidence without explaining what this might be. However, behind this fagade of wounded national pride lies the fear that an independent investigation would result in unearthing the truth that lies behind the murder of Munir.

Munir Said Thalib was indisputably Indonesia's foremost human rights activist who spent most of his professional life exposing the violations and human rights abuses perpetrated by the Indonesian military. In the concluding months of the Suharto regime, he established KONTRAS, the Commission for the Disappeared and the Victims of Violence to focus on the disappearance of a number of human rights activists. He frequently drew attention to the culture of impunity, which has shielded countless members of the security forces from justice. His death by poisoning on 7 September 2004 occurred while he was on Garuda Flight 974 to The Netherlands where he was to commence a year-long study of international human rights law.

After giving Suciwati assurances that his government would ensure a thorough investigation of the case, President Susilo Bambang Yudhoyono sanctioned the creation of a special commission in December 2004 to investigate the case. He said at the time that all state institutions would be expected to collaborate with the investigation. Several leading human rights lawyers and activists were appointed as members of the team, whose mandate was to undertake its investigations alongside the police though it would be up to the police and subsequently the Attorney-General to make formal charges against possible suspects.

During its six-month investigation, the commission interviewed a large number of witnesses, including personnel of the national carrier, Garuda, It soon became clear that several Garuda employees were involved in the conspiracy to kill Munir and then cover up the crime. The commission had reason to believe that they were acting under orders from members of the State Intelligence Agency, BIN. One of these turned out to be the deputy head of the agency, Major-General Muchdi Purwopranjono, a former chief of the army's crack force, Kopassus. Muchdi had also been involved in the kidnappings of pro-democracy activists in 1997-98, whose fate had been very much on Munir's mind at the time.

After its completion, the report of the commission was delivered to President Yudhoyono. Although many of its conclusions were leaked to the public during the course of its work, the report has never been made public. There have been repeated calls to the President to publish the report, but he has so far ignored these demands.

A prime suspect in the murder conspiracy was a Garuda pilot, Pollycarpus Budihari Priyanto, who had maintained regular contact by phone with Muchdi before and after the murder. Police investigations led to the pilot's arrest and subsequent trial and conviction. He was sentenced to fourteen years for his role in the conspiracy.

However, in September this year, Indonesia's Supreme Court, by a two-to-one majority, reversed the verdict of two lower courts and acquitted Pollycarpus of involvement in the murder. This was followed by a statement from the Attorney-General that the Supreme Court verdict foreclosed any further judicial processes in the case. Pollycarpus would now only have to complete a two-year sentence for "falsification of documents". Yet, these documents were germane to the murder case, as they had enabled him to obtain a "special assignment" to be on the flight on which the murder was committed.

This turn of events led Suciwati and colleagues from KONTRAS to seek international support and involvement. Already members of the US Congress have petitioned the Indonesian President for a full investigation into the case, while the Dutch and US governments have urged the Indonesian President to solve this murder case.

Aware of the international interest in the case, Suciwati visited Washington last month and secured the agreement of the UN Special Rapporteur for Extrajudicial Executions to become involved. For this however, he would require the permission of the Indonesian Government to visit Jakarta. This has now been rejected by the declaration on 7 November by National Police Chief General Sutanto as unacceptable "foreign interference".

This declaration flies in the face of Indonesia's many commitments to work together with international mechanisms to uphold international standards of human rights. Indonesia is a member of the UN Human Rights Commission and is currently seeking support to head the newly appointed UN Human Rights Council. This would include recognising the role of UN Special Rapporteurs, one of whom is now seeking permission to participate in the Munir murder investigation.

The refusal to do so as stated this week by the National Chief of Police reinforces the long-held impression that high-placed Indonesian officials fear that such an independent enquiry would bring to light the masterminds of Munir's murder who until now have enjoyed impunity.

If the Indonesian President is to stand by his commitment to resolve the Munir case and if Indonesia is to be faithful to its commitments as a member of the international community and recognize the role of UN mechanisms designed to deal with human rights violations, they must reverse the decision of the National Police Chief.

We call on President Susilo Bambang Yudhoyono to publish the report of his personally sanctioned commission into the Munir murder without delay.

We also call on President Susilo Bambang Yudhoyono to invite the UN Special Rapporteur, Professor Philip Alston, to visit Indonesia. Thereby showing his commitment not only to the rule of law but also to the country's international obligations.

TAPOL, the Indonesia Human Rights Campaign
111 Northwood Road, Thornton Heath, Croydon
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tapol@gn.apc.org http://tapol.gn.apc.org