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BIN director refuses to give Fact Finding Team access to documents

Detik.com - June 15, 2005

M. Rizal Maslan, Jakarta – Although the time limit for Fact Finding Team’s (TPF) investigation into the Munir case is almost up it seems that it has failed to gain access to documents and information from the National Intelligence Agency (BIN). It has been repeatedly said that BIN's director Syamsir Siregar has forbidden his members from giving access to the TPF.

TPF member Usman Hamid has admitted that he has information that Siregar has forbidden BIN officials from providing them with such access. This is despite the fact that during a meeting with President Susilo Bambang Yudhoyono, Siregar guaranteed that BIN would prove access to specific documents.

But the promise however appears to be just that. The TPF's mandate will end on June 23 but it has still not obtained access to BIN’s data and documents. BIN officials invariably come up some pretext. “Mr. Syamsir (BIN’s director) has only promised to provide access. But the reality is that this access has not been provided. Most recently BIN offices have even said it is the head of BIN who will not allow access to be given. Is this true?", said Hamid at the offices of the Women’s Human Rights Commission on Jalan Latuharhari in Jakarta on Wednesday June 15.

TPF didn't exceed its authority

Hamid also rejected Siregar's accusation that the TPF had exceeded its authority in publishing the finding from the investigation. According to Presidential Decree Number 111/2004 on the formation of the TPF there is no prohibition on the TPF publishing its findings.

Hamid said he suspects that what Siregar meant was violating the protocol agreement between the TPF and BIN which says that the TPF may not publicise information which is obtain from within BIN. If that is what Siregar means Hamid explained, the TPF has not violated the agreement. "[The findings that] the TPF publicised were not something which was obtained form within BIN", he asserted.

Hamid also denied that the TPF's actions in publicising the findings could be categorised as revealing state secrets. There is still no definition on what a state secret is. According to Hamid, if there has been an abuse of power in an institution is should be revealed and not covered up on the grounds of protecting state secrets.

"If we are not allowed access because of the law on archives as was suggested by BIN, that it was obtained by breaking the law, but we did not break the law, there is a presidential decree and legal basis for it”, said Hamid. (iy)

[Translated by James Balowski.]
 

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