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
--------------


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
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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