also: Special Treatment for TNI, Clinton meets wife of murdered rights activist in Indonesia

The Jakarta Globe

Tuesday, February 17, 2009

Komnas HAM Team Launches Inquiry Into Muchdi's Acquittal in Munir Killing

Markus Junianto Sihaloho

A legal team appointed by the independent National Commission on Human Rights is examining the controversial acquittal of retired Gen. Muchdi Puwohadipranjono on charges that he masterminded the 2004 murder of human rights activist Munir Said Thalib, commission chairman Ifdhal Kasim said on Monday.

Part of the examination, the findings of which will be made public, will include summoning former members of the Munir Murder Fact-Finding Team, or TPF, an independent body established by President Susilo Bambang Yudhoyono in 2004 to investigate the murder.

The South Jakarta District Court on Dec. 31 cleared Muchdi of a role in the murder.

An appeal of the decision has been filed with the Supreme Court by the Attorney General's Office and is pending a decision.

Ifdhal told a press conference on Monday that the government-funded commission, known as Komnas HAM, had hired five legal experts to study the acquittal.

They are criminal law expert Soetandyo Wignyosubroto, legal practitioner Frans Hendra Winarta, administrative law expert Fajrul Falakh, Padjadjaran University human rights law expert Mohamad Rudi Rizky and law lecturer Mudzakkir. Soetandyo, Fajrul and Mudzakkir are all from Gadjah Mada University.

Ifdhal said the team began its work on Saturday and was expected to take about two months to reach a conclusion based on its examination of trial documents, evidence and testimony.

The team will give an opinion on whether the acquittal of Muchdi met with judicial and human rights standards.

"The team will also take a look into the TPF's results to see whether any significant findings were ignored by the judges," Ifdhal said.

The team will not attempt to question Muchdi, who was the deputy head of the State Intelligence Agency at the time of the murder.

The TPF completed its investigation in June 2006 and its conclusions were handed to the police.

Ifdhal said any conclusions the team reached would be published as soon as possible to provide the public with their findings. A copy will also be delivered to the Supreme Court.

"But by handing over the [examination] results, we are not trying to intervene in the judges' decision," Ifdhal said. "It is just an opinion to help them in any future verdict."

During the trial, prosecutors alleged that Muchdi ordered former Garuda Indonesia pilot Pollycarpus Priyanto to kill Munir in retaliation for Muchdi being removed as chief of the Army's Special Forces, or Kopassus, in 1998.

Munir had alleged that Muchdi played a role in the kidnapping of 13 student activists during the final months of the Suharto era in 1997-98.

Pollycarpus was convicted of the murder and is in prison.

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The Jakarta Globe

Saturday, February 14, 2009

Special Treatment for TNI

Markus Junianto Sihaloho

Members of the Indonesian military, or TNI, should be given exceptional treatment under the law when suspected of civilian crimes, a senior officer argued on Friday during the deliberation of a long-debated military tribunal bill.

Air Vice Marshall Sagom Tamboen, a TNI spokesman, urged members of the House of Representatives, or DPR, deliberating the bill to endorse a proposal that servicemen suspected of a civilian crime be questioned by military police, instead of civilian police, as some lawmakers have demanded.

"It is not a privilege, but I think the state should give different legal treatment to citizens who have special tasks," said Sagom, adding that the military differed from ordinary people as they had to be willing to sacrifice their lives for the country in a war.

Sagom was reacting to a stalemate in the deliberation of the military tribunal bill over the point of who should question military personnel when they stood accused of a civilian crime.

The Indonesian Democracy Party of Struggle, or PDI-P; the National Mandate Party, or PAN; the United Development Party, or PPP, and National Awakening Party, or PKB, factions have insisted that all civilian crimes, including those committed by TNI members, be investigated by civilian police. The government and military leaders insist that TNI members be questioned by military police, as is the practice now, with Golkar; the Democrat Party; the Prosperous Justice Party, or PKS; Prosperous Peace Party, or PDS; and Democratic Vanguard Star, or PPD, factions all supporting the status quo.

Sagom said military police were tasked with investigating all crimes committed by soldiers, including civilian crimes.

"They should also consider that many soldiers, especially from lower ranks, are not yet ready to be questioned by police officers," Sagom said.

During a hearing of House Commission I, which oversees military and security affairs, lawmakers deliberating the bill agreed to put the issue to a vote in a House plenary meeting.

"It's very likely that the issue will be resolved through a voting in a House plenary meeting," said Andreas Hugo Pareira, chairman of the House special commission deliberating the bill.

Andreas said earlier that all House factions in the commission agreed to endorse the bill before their tenure ends in August.

Defense Minister Juwono Sudarsono, who represented the government in the deliberations, said he would not force the House to conclude the bill's deliberation as soon as possible.

"We are ready to wait for the House to make a decision [on the deadlock]," he said on Thursday.

The military tribunal bill was supposed to be part of efforts to reform the military by placing it on an equal footing with civilians.

The bill also proposes that soldiers accused of criminal offences be tried in civilian courts, which often hand down tougher sentences compared to military courts. While agreeing to subject military members to civilian courts, the government and the military have insisted that military police would investigate military personnel accused of committing a civilian crime.

Legislators began working on the bill four years ago. In 2006, a year-long impasse between the special committee and the Defense Ministry forced President Susilo Bambang Yudhoyono to issue a statement saying his administration supported the bill's basic principles.

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BBC Monitoring Asia Pacific February 19, 2009 Clinton meets wife of murdered rights activist in Indonesia 18 Feb

Text of report by Indonesian Tempo Interaktif website on 19 February

US Secretary of State Hillary Clinton expressed concern about the murder of human rights activist Munir when she met his wife, Suciwati, in Jakarta on 18 February 2009.

Suciwati said that she had asked Clinton to discuss the handling of the case with President Susilo Bambang Yudhoyono when they meet on 19 February, adding that Clinton said she already knew a lot about the case.

"She responded to my request quickly and said firmly 'I will'," Suciwati said.

Former secretary-general of the National Human Rights Commission (Komnas-HAM), Asmara Ababa, who was also present, said it was Clinton who initiated the meeting and that she said the US would continue to pay attention to the case.

According to Suciwati, Clinton's comments demonstrated that foreign countries do care and have not forgotten about Munir, and that they understand the importance of the case.

Source: Tempo Interaktif website, Jakarta, in Indonesian 19 Feb 09