Define Munir's Case as a Serious Human Rights Violation!

Solidarity Action Committee for Munir (KASUM)

On September 21st, 2020, the Solidarity Action Committee for Munir (KASUM) together with several civil society groups came to Komnas HAM to ask for the determination of the murder case of human rights activist, Munir Said Thalib, as a gross violation of human rights. However, until now Komnas HAM has not responded or determined the case as a gross violation of human rights. The fact that Munir's case has not been determined as a gross human rights violation has in fact hampered the resolution of Munir's case through the disclosure of facts in court.

We view that Komnas HAM should immediately determine Munir's case as a gross human rights violation considering the elements of gross human rights violations as regulated in Law no. 26 of 2000 concerning the Human Rights Court has been fulfilled. First, one of the most serious forms of human rights violations is crimes against humanity (Article 7 of the Law on the Human Rights Court). Second, the assassination of Munir was an attack carried out systemically aimed directly at the civilian population (Article 9 of the Law on the Human Rights Court). Third, the facts revealed at the trial that state institutions in this case the State Intelligence Agency (BIN) were involved in planning and carrying out Munir's murder fulfilled the element of "attack" as referred to in the explanation of Article 9 of the Law on the Human Rights Court.

The fact that Munir's case has not been determined as a gross violation of human rights could hinder efforts to seek justice and reveal the truth, considering that the usual mechanism, namely general crimes, is only capable of punishing field actors without being able to uncover and punish the intellectual actors and masterminds behind the killings. By being determined as a gross violation of human rights, Munir's case will enter a new phase through the mechanism of the Human Rights Court where Komnas HAM will act as investigator and the Attorney General's Office as investigator.

We consider that the determination of Munir's case as a gross violation of human rights and the commencement of an investigation by the National Human Rights Commission and its settlement at the Human Rights Court are evidence of the state's commitment to resolving cases of human rights violations as promised by President Jokowi in September 2016.

Departing from the above, we:

1. Are urging Komnas HAM to immediately determine the murder of human rights activist Munir as a gross violation of human rights and immediately begin an investigation into the case which has been neglected for a long time;
2. Are urging the Government to immediately disclose Munir's TPF report document to the public as mandated in the ninth point of Presidential Decree No. 111 of 2004 concerning the Establishment of the TPF for the Munir Case as a form of accountability and transparency in the disclosure of the Munir case;
3. Are urging the government to stop the practice of impunity for cases experienced by human rights defenders and other cases of gross human rights violations.

Jakarta, January 29th, 2021

Solidarity Action Committee for Munir (KASUM)

Contact person:

1. Fatia Maulidiyanti (KontraS) : +62 819-1309-1992
2. Arif Maulana (LBH Jakarta) : +62 817-256-167
3. Husein Ahmad (Imparsial) : +62 812-5966-8926