TERRORISTS RECEIVE MANDATORY PRISON TERM

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