Identifier
Created
Classification
Origin
06JAKARTA10400
2006-08-18 11:07:00
CONFIDENTIAL
Embassy Jakarta
Cable title:  

TERRORISTS RECEIVE MANDATORY PRISON TERM

Tags:  PTER PREL PGOV KJUS KISL ID 
pdf how-to read a cable
VZCZCXRO4285
OO RUEHCHI RUEHDT RUEHHM
DE RUEHJA #0400/01 2301107
ZNY CCCCC ZZH
O 181107Z AUG 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8933
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 9870
RUEHWL/AMEMBASSY WELLINGTON IMMEDIATE 1002
RUCNFB/DIR FBI WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
RHHMUNA/USCINCPAC HONOLULU HI IMMEDIATE
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 010400 

SIPDIS

SIPDIS

DEPT FOR EAP/MTS AND S/CT
DOJ FOR CTS THORNTON, AAG SCHWARTZ, OPDAT ALEXANDRE
FBI FOR ETTIU/SSA ROTH

E.O. 12958: DECL: 08/17/2016
TAGS: PTER PREL PGOV KJUS KISL ID
SUBJECT: TERRORISTS RECEIVE MANDATORY PRISON TERM
REDUCTIONS ON INDONESIAN INDEPENDENCE DAY

REF: A. JAKARTA 10037 AGO THREATENS TO EXECUTE BALI
BOMBERS

B. 05 JAKARTA 11125 INDONESIA COULD CUT PRISON
SENTENCE FOR BA'ASYIR

Classified By: Political Officer Adam West for reasons 1.4 (b) and (d).

Summary
--------

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 010400

SIPDIS

SIPDIS

DEPT FOR EAP/MTS AND S/CT
DOJ FOR CTS THORNTON, AAG SCHWARTZ, OPDAT ALEXANDRE
FBI FOR ETTIU/SSA ROTH

E.O. 12958: DECL: 08/17/2016
TAGS: PTER PREL PGOV KJUS KISL ID
SUBJECT: TERRORISTS RECEIVE MANDATORY PRISON TERM
REDUCTIONS ON INDONESIAN INDEPENDENCE DAY

REF: A. JAKARTA 10037 AGO THREATENS TO EXECUTE BALI
BOMBERS

B. 05 JAKARTA 11125 INDONESIA COULD CUT PRISON
SENTENCE FOR BA'ASYIR

Classified By: Political Officer Adam West for reasons 1.4 (b) and (d).

Summary
--------------


1. (C) As in previous years, the GOI granted sentence
reductions of up to six months to tens of thousands of
inmates on Indonesian Independence Day (August 17),including
ten terrorists convicted in connection with the Bali bombings
of October 2002 and several other high-profile convicts. One
prisoner, Puryanto bin Yatimin, was immediately released
after the remission took effect. The three men sentenced to
death for their role in the 2002 Bali bombings (reftel A)
were not eligible for remission and remain slated for
execution. Inmates are eligible for remissions biannually
based on good behavior, in accordance with Indonesian law and
regulation. However, a recent order signed by President
Yudhoyono, not yet made public, will make it harder for those
convicted of certain types of crime, including terrorism, to
receive remissions in the future. End Summary.

Thousands Given Remission
--------------


2. (U) Minister of Law and Human Rights Hamid Awaludin
granted sentence reductions of up to six months to more than
56,000 prisoners on Indonesian Independence Day, August 17.
Ten people linked to the 2002 Bali bombings were among those
who received remissions, including:

Andi Hidayat
Junaidi alias Amin alias Engkong
Abdul Rauf alias Sam
Andri Octavia alias Yudi
Mujarod alias Muhammad Rusdi bin Salim
Sofyan Hadi alias Bejo alias Bae bin Niti
Hamzah Baza alias Soleh bin Bokir
Masykur alias Maskur Abdul Kadir alias Local Boy
Ahmad Roichan alias Ahmad Roihan alias Sa'at
Puryanto bin Yatimin

In Puryanto's case, the remission constituted the remainder
of his term and he was immediately released. Puryanto was
convicted of aiding and abetting Bali bomber Ali Imron in the
fall of 2002. The three men sentenced to death for their
role in the 2002 Bali bombings (reftel A) are not eligible
for remission.


3. (U) Other prisoners who received remissions include:
Hutomo Mandala Putra aka Tommy Soeharto, the son of former
President Soeharto, who was convicted of masterminding the
murder of a Supreme Court Justice (five month remission); and
Munfiatun, the wife of terrorist fugitive Noordin Top (two
months). Twelve people convicted of involvement in the 2002
Makassar bombings also received remissions.

Evolving Regulations
--------------


4. (U) The Minister of Law and Human Rights grants sentence
reductions to thousands of Indonesian inmates each year on
August 17, and again on Idul Fitri for Muslims and Christmas
for Christians. This action is mandated by Presidential
Decree 69 of 1999, Law 12 of 1995 and other regulations
(reftel B). To be eligible for a remission, prisoners must
be serving more than a six-month sentence, must not be
sentenced to death or to life imprisonment and must have
exhausted all appeals. Prison wardens submit for
consideration for sentence reductions the names of all
convicts who have shown good behavior during their
incarceration. Submissions pass from the prison warden to
the head of the prison system to the Minister of Law and
Human Rights. Traditionally, the Minister grants the
sentence reduction to all the names he receives. Prisoners
maintain eligibility for remissions annually; a sentence
reduction in one year does not preclude a further reduction

JAKARTA 00010400 002 OF 002


the next year.


5. (C) Our Australian colleagues have obtained a copy of a
Presidential order signed in July 2006 that will make it more
difficult for certain individuals to receive sentence
reductions in the future. Governmental Regulation 28 of 2006
will delay remission eligibility to those convicted of
designated crimes, including terrorism, drug trafficking,
corruption and gross human rights violations. The new
regulation stipulates that individuals convicted of one of
these crimes are not eligible for remission until they have
completed at least one-third of their original sentence. The
new order has not yet been made public. The Australians have
been told that it will not take effect until 2007.
PASCOE