BANGKOK, Thailand (7 September 2024) – For twenty long years, friends, relatives, colleagues, and supporters of Indonesian human rights activist Munir Said Thalib have all been seeking justice.
In commemoration of the 20th anniversary of Munir’s murder, the Asian Forum for Human Rights and Development (FORUM-ASIA) and its Indonesian member organizations demand full accountability from the masterminds behind his murder.
Munir’s murder should be designated as a grave human rights violation.
In a world where injustice is often met with silence, those who dare speak out inspire hope and courage. Munir’s bravery shone in his fearless criticism of tyranny and steadfast dedication to the protection of human rights.
Munir’s legacy continues to inspire our ongoing search for truth, justice, and accountability for all victims of human rights violations.
Justice for Munir
Munir was known for handling enforced disappearance cases during Suharto’s authoritarian regime in 1998.
Munir played a crucial role in uncovering the involvement of security forces in human rights violations in Aceh, Papua, and Timor-Leste. He was also the founder of the Indonesian human rights organization KontraS, a FORUM-ASIA member. At the time of his assassination, Munir was the Chairperson of the Asian Federation Against Involuntary Disappearances.
On 7 September 2004, Munir was poisoned with arsenic while on a flight of state-owned Garuda Indonesia Airlines from Jakarta to Amsterdam to pursue a master’s degree in international humanitarian law at Utrecht University.
Over the years, investigations into Munir’s murder have stalled. In 2004, a fact-finding team on Munir’s murder was formed. In 2005, the fact-finding report was completed; however, the report was never publicly released.
As a result of fact-finding team’s work, prosecutors charged Pollycarpus Budihari Priyanto, an off-duty pilot of Garuda Indonesia Airlines who allegedly offered exchange of his business seat to Munir; Indra Setiawan and Rohainil Aini, the former president and vice-president of Garuda Indonesia Airlines; and Muchdi Purwopranjono, then deputy head of the State Intelligence Agency. In 2008, Priyanto was convicted of Munir’s murder and sentenced to 20 years in prison. In 2014, Priyanto was released. In 2007, Setiawan and Aini were each sentenced to 1-year imprisonment for issuing an unauthorized letter for Priyanto. Meanwhile, Purwopranjono was acquitted despite evidence linking him to the murder.
In 2016, the Central Public Information Commission ordered the government to disclose the fact-finding report, but the government claimed no knowledge of it. Aside from Priyanto, no other persons believed to be mentioned in the fact-finding report were ever prosecuted. Activists believe that Munir’s case was a systematic crime involving state actors such as the State Intelligence Agency and Garuda Indonesia Airlines. It is suspected that the true masterminds behind Munir’s murder remain free up to this day.
In response to civil society pressure, the National Commission for Human Rights (Komnas HAM) established an ad hoc team to investigate Munir’s case, which was then declared to be a serious human rights violation in 2022.
However, progress has since stalled. Since the ad hoc was formed, Komnas HAM has only examined three witnesses, though it is expected to review 50 witnesses. Munir’s case reached its statute of limitations in 2022, which means that the case is no longer eligible for investigation or prosecution.
To work around this limitation, Munir’s case must be declared as a “grave” human rights violation under Article 46 of the 2000 Law on Human Rights Tribunals. Doing so would allow the investigation to continue without any time limitations and the responsibility for investigation will be handed over to the National Human Rights Commission and the Attorney General’s Office of Indonesia.
The date of Munir’s murder, 9 December, has been officially recognized as Human Rights Defenders Protection Day. However, two decades after his murder, justice remains elusive. Despite the conviction of several individuals, the masterminds behind his murder are yet to be held accountable.
Call to action
“The authorities’ lack of meaningful action to thoroughly investigate Munir’s murder obstructs the pursuit of truth, justice, and legal certainty. It sets the stage for future violations against human rights defenders,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.
Munir’s case is emblematic of the broader environment of impunity in Indonesia.
“FORUM-ASIA urges the Government of Indonesia to order Komnas HAM to declare Munir’s murder as a grave human rights violation, which would then remove the statute of limitations and allow for continued investigation and legal action against those responsible,” Bacalso added.
To address Munir’s case, we call on the Indonesian Government to immediately establish a Human Rights Court. In addition, the government should provide full support to the investigation, ensuring transparency, impartiality, and accountability. This includes reopening the investigation, with a focus on prosecuting the masterminds behind the crime, regularly updating the public on the case’s progress, and preventing further delays in justice.
FORUM-ASIA urges the Government of Indonesia to comply with the recommendation made by the Human Rights Committee during the country’s second review of the International Covenant on Civil and Political Rights: ensure access to public information regarding such cases, including the full reports of the Team for the Non-Judicial Resolution of Past Serious Human Rights Violations and the investigation findings of Komnas HAM and of the independent fact-finding team set up in 2005.
“As a United Nations Human Rights Council member in 2024, Indonesia must strengthen its commitment to protect human rights defenders by enacting and enforcing comprehensive legislation that includes their official recognition and protection. The government must create a safe and enabling environment for human rights work, offer legal protection, and ensure effective remedies for all victims of human rights abuses,” Bacalso explained
Lastly, we call on the international community to pay close attention to the cases of Munir and all other human rights defenders whose invaluable work contributes to strengthening Indonesia’s democracy and civic space.
Signatories:
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- The Indonesia Legal Aid Foundation (YLBHI)
- Indonesia Legal Aid and Human Rights Association (PBHI)
- The Commission for the Disappeared and Victims of Violence (KontraS)
- Institute for Policy Research and Advocacy (ELSAM)
- Alliance of Independent Journalists (AJI)
- The Indonesian Human Rights Monitor (IMPARSIAL)
- Human Rights Working Group (HRWG)
This post was originally published on FORUM-ASIA.