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07 May 2007
Court Concedes that Suciwati Wins


The Central Jakarta District Court granted some of the civil claims proposed by Suciwati, the widow of late Munir yesterday (3/5), against PT Garuda Indonesia. The judges' panel led by Andriani Nurdin, stated that the accused, PT Garuda Indonesia as the accused 1; former Garuda Managing Director Indra Setiawan (the accused 2) and Captain Pilot Pantun Matondang (the accused 9), have committed actions against the law.

Judge Andriani stated that the accused are guilty for being negligent about the cause of human rights activist Munir's death, , on September 2004 on the GA-974 flight from Jakarta to Amsterdam. According to the judge, when passengers are under emergency measures, pilots should consult doctors or nurses or senior flight attendant to cancel the flight and land at the nearest airport.

The judges' panel used Article 17 of the Warsaw Convention on international flights as consideration in deciding. The Article states that international flights should obey the Convention.

The judges’ panel also used Decree No. 15/1992 on Flights, which regulates the definition of an accident. According to an expert's statement during the trial, murder is not categorized as an accident so Garuda was thought to take responsibility.

However, the judges' panel widened the definition of an accident and regarded the event of Munir's death as an accident. “The principle of absolute responsibility was effective. Garuda must be responsible,” said the judge. The death of Munir, according to the judge, showed that Garuda violated the principles of caution and prudence.

In addition to being found to have broken the law, the judges also obliged Garuda and the other accused to pay compensation jointly amounting to Rp664,209,900.

In response to the verdict, Suciwati said the judges missed an important matter in the prosecution, that Garuda should have carried out an internal investigation into abuse and irregularity. “It's a form of responsibility to the public,” she said.

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