TERROR TRIALS UPDATE: MANY CONVICTED BUT SENTENCES

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 010488 SIPDIS SIPDIS DEPT FOR S/CT, EAP/MTS, DS/IP/EAP, DS/DSS/ITA, DS/CC DOJ FOR CTS THORNTON, AAG SWARTZ FBI FOR ETTIU/SSA ROTH NCTC/RUEILB/NCTC WASHINGTON DC E.O. 12958: DECL: 08/22/2016 TAGS: PTER PGOV KVPR KJUS KISL ASEC CASC AS ID SUBJECT: TERROR TRIALS UPDATE: MANY CONVICTED BUT SENTENCES SHORT REF: A. JAKARTA 1453 INDONESIAN PROSECUTORS TACKLE 12 NEW TERROR CASES ¶B. JAKARTA 10400 TERRORISTS RECEIVE MANDATORY PRISON TERM REDUCTIONS Classified By: Political Officer Adam West for reasons 1.4(b and d). Summary -------------- ¶1. (SBU) The trials of 15 terror suspects associated with Jemaah Islamiyah terrorist mastermind Noordin Top recently concluded in Jakarta, with all 15 being convicted on at least one count. Sentences were generally short, however, ranging from three to seven years only. The case of terrorist financier and facilitator Abdullah Sunata was in many ways typical: Sunata faced multiple charges and a maximum penalty of death, only to be convicted on a single charge and sentenced to seven years. Lack of material evidence probably explains the absence of harsher sentences (ref A). Four of the 15 convicted terrorists have appeals pending before the Supreme Court. End Summary Convictions, but short sentences -------------- ¶2. (C) Jakarta courts handed down verdicts in 15 cases involving Jemaah Islamiyah (JI)-linked terrorist suspects over the past three months, with all 15 being convicted on at least one charge. Most of the convicted were members of an underground JI network that provided housing, transportation, and sometimes weapons and other assistance to fugitive terrorist mastermind Noordin Top, but were not directly involved in perpetrating attacks. Sentences were generally light, with the majority receiving between three and five years. The three suspects with the strongest links to Top, including terrorist financier and facilitator Abdullah Sunata, received a disappointing seven years each despite facing charges that carry a maximum penalty of death. Lack of compelling evidence was almost certainly the primary constraint on tougher sentences. Embassy contacts in the Attorney General's Office told us before the trials began that prosecutors did not have strong evidence, and that the cases depended largely on the cooperation and testimonies of the defendants themselves (ref A). Sunata case typical -------------- �00A;¶3. (SBU) Abdullah Sunata's case was indicative of the lot. The indictment against Sunata (alias Arman Kristianto alias Andri) describes how he used foreign funding to purchase weapons and finance the activities of Top as well as JI fugitives Umar Patek and Dulmatin, both wanted in connection with the 2002 Bali bombing (ref A). The indictment charges Sunata under three separate sections of the anti-terror law for weapons possession, aiding and abetting, and financing terrorist activities, with maximum sentences of death, 15 years and 15 years respectively. However, the evidence against him consisted almost entirely of statements made by the defendant himself or other suspects, none of which directly connected Sunata to any specific attacks. Weak evidence eventually forced the prosecution to reduce the charges to article 9 (weapons possession with intent to commit acts of terrorism) only, and to request a 10 year sentence from the panel of judges. Following common practice, the judges cut the request by one third and sentenced Sunata to seven years. Summary of cases -------------- ¶4. (SBU) The sentences handed down in the other 14 cases are detailed below: -- Iqbal Husaini (alias Ramly alias Adrian Alamsyah al Ryian alias Rambo),convicted under article 9 but sentenced to four years only. Husaini was found not guilty of the other charges, which included financing, aiding and abetting, and participating in acts of terrorism. JAKARTA 00010488 002 OF 002 -- Danny Chandra (alias Yusuf),also convicted under Article 9 and sentenced to four years. -- Ahmad Rafiq Rihdo (alias Ali Zein alias Allen alias Jamal alias Syaiful),convicted under articles 9 and 13 (aiding and abetting),but found not guilty under article 15 (participating in terrorist acts); sentenced to seven years. -- Purnama Putra (alias Usman alias Usamah alias Ipung alias Risqy alias Uus alias Tikus),convicted under article 9, sentenced to seven years. -- Enceng Kurnia (alias Arham alias Arnold alias Rahman), convicted under article 9, sentenced to six years. -- Joko Sumanto (alias Joko alias Cunto),convicted of article 13 (aiding and abetting) for his role in financing weapons purchases for Umar Patek and others; sentenced to four years. -- Muhamad Iqbal (alias Bayhaqi),convicted under article 9, sentenced to four years. -- Salahudin Sutowijoyo (alias Miqdad Dumas alias Tito Ma'ruf alias Chepi),convicted under article 55 of the criminal code for falsifying documents and sentenced to three years. Found not guilty of terrorism charges under article 9. -- Joni Ahmad Fauzani (alias Joni),convicted under article 13, sentenced to four years. -- Joko Triharmanto (alias Harun alias Jek bin Dalimun), convicted under article 13 and Emergency Law 12/1951, sentenced to six years. -- Joko Tri Priyanto (alias Joko Gondrong alias Anto), convicted under article 13, sentenced to three years. -- Fatchurrohman (alias Fat bin Madenur),convicted under article 13, sentenced to three and a half years. -- Imam Buchori bin Sanadi (alias imam Benjol),convicted under article 13, sentenced to three and a half years. -- Kamal Yudianto (alias Reza alias Yasin bin Suhanto), convicted under article 13, sentenced to three and a half years. Appeals Pending -------------- ¶5. (C) At this time only four of the 15 convicted men have prepared appeals: Abdullah Sunata, Purnama Putra, Enceng Kurnia and Salahudin Sutowijoyo. The four appeals have already been rejected by the Jakarta High Court and are now pending before the Supreme Court. Two others--Kamal Yudianto and Ahmad Rafiq Rihdo--are reportedly preparing to file as well. Under the Indonesian system, an appeal can lead to an acquittal or reduction of sentence, but can also result in a decision to increase the sentence imposed if the judges reviewing the case see fit. According to our embassy-contracted court monitor (protect: our court monitor's relationship with the embassy is not publicly acknowledged),the lack of appeals in the other cases probably indicates that the convicted men are pleased that they did not receive stiffer penalties. Those who do not have appeals pending may also be eligible for remission of sentences beginning with the Idul Fitri holiday in October 2006 (ref B). PASCOE