http://www.thejakartapost.com/detailheadlines.asp?
fileid=20070907.A06&irec=5

The Jakarta Post 7 sept. 2007

Finding truth in the Munir murder case three years on 

Aboeprijadi Santoso, Amsterdam

The third anniversary of the assassination of Indonesia's most well-
known human rights activist, Munir Said Thalib, has seen the public 
at home and abroad still guessing how the fatal poisoning happened 
and was planned. That public is however thinking much less about who 
did murder him and who the planner(s) were. But given the issue's 
possible political implications, the queries cannot be left 
unanswered for too long. 

Munir, on board a Garuda flight, was found dead a few hours before he 
arrived at Amsterdam on Sept. 7, 2004. He was poisoned, it's thought, 
sometime after he entered the immigration zone at Jakarta airport, 
but most probably at Singapore's Changi. His killer used a massive, 
lethal dose of arsenic. 

The tragedy might not have happened had a few things been done 
differently however. The fact that Munir's plan to study in the 
Netherlands had been known for some time -- and that he time and 
again canceled his departure -- would have provided his murderers the 
time they needed to execute. According to early investigations (the 
TPF Munir), Munir's murderers had four different scenarios in mind. 
Strangely, however, their final plan was implemented clumsily. 
Munir's departure date of Sept. 6 had apparently come unexpectedly, 
so plans had to be rearranged, possibly improvised, hastily. 

It was that plan, in any case, that has seen members or individuals 
associated with the National Intelligence Agency (BIN) implicated, 
although they have all denied this. The public now assumes the 
agency -- or its officials -- must somehow have played a key role. 

Thanks to media reports, campaigns at home and abroad by Munir's 
widow and friends and recent UN officials' responses, this murder 
case is widely known and queries could potentially become a time 
bomb. 

For more than two years, the police and judicial processes have 
achieved far too little to unravel the case. President Susilo Bambang 
Yudhoyono said the case would be a "test of our history". But some 
have suggested that, should the President's administration fail 
the "test", his statement could work as a boomerang. 

Significant changes have occurred, however, particularly in the way 
the police handled the case after the new Attorney General 
commissioned a new police investigative team. The result has been 
encouraging, but like an arrow that was released, we know, or assume, 
it was released in the correct direction. But we cannot know whether 
it will arrive at the right target. 

Optimists would let the law take its course. But suspicion abounds, 
given the distorted legacy of the rule of law and alleged 
infiltration of the intelligence apparatus within the police and 
judicial institutions. The Munir case may remain politically delicate 
and is likely to become an issue that would taint the images of some 
powerful figures. It may even jeopardize their positions, as the 
country is about to prepare new laws for parliamentary and 
presidential elections in 2009. 

There is nothing new about games the intelligence agencies play in 
such cases, given the interconnectedness with state and political 
processes between the military and police apparatuses during 
Soeharto's New Order. BIN chief Syamsir Siregar once suggested a 
similarity between the predicament of the agency he led and the Army 
intelligence services during the later years of President Sukarno's 
rule -- when they had to compete with the state intelligence agency 
BPI led by then pro-Sukarno foreign minister Dr. Soebandrio. 

One can only guess what Syamsir really meant. In any case, it points 
to possible shadow games with some interests that may intervene the 
present politico-judicial processes. As Munir's friends and other 
rights activists recently urged, it's time to reform the bewildering 
elements of intelligence within the military, in particular the BIN 
agency itself, to safeguard the country. 

General elections today may no longer be the "elections of generals" 
they used to be during Soeharto days, but Munir's critical attitude 
against some military institutions is an important reminder. 
In 1997, Munir became prominent because of his tireless efforts to 
deal with cases of missing activists. Now, as he himself became the 
victim of mysterious assassination, the Munir tragedy should mark a 
defining moment for the struggle to clean up the state. And questions 
need to be answered -- why was Munir targeted, why arsenic, why a 
flight to Europe and why precisely in (early) September 2004? No 
doubt, in all of these, full and open cooperation by BIN and BIN 
personnel are indispensable. 

Ironically, state intelligence agencies have remained untouched by 
the civil society's pro-democracy waves of protest and reform since 
1998. The struggle of civil societies that led to the fall of 
communist regimes in Eastern Europe in 1990s, has been marked, almost 
without exception, by protests targeting a state's secret polices and 
intelligence agencies. Unfortunately, we needed the Munir tragedy to 
realize that such a revolution never really hit Soeharto's New Order. 


The author is a journalist in Amsterdam.



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