SUPREME COURT OVERTURNS BA'ASYIR TERRORIST

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 013563 SIPDIS SIPDIS DEPT FOR S/CT, EAP/MTS DOJ FOR CTS THORNTON, AAG SWARTZ FBI FOR ETTUI/SSA ROTH NCTC WASHDC E.O. 12958: DECL: 12/20/2016 TAGS: PTER PGOV KJUS KISL ASEC CASC ID SUBJECT: SUPREME COURT OVERTURNS BA'ASYIR TERRORIST CONVICTION REF: A. JAKARTA 7555 ¶B. JAKARTA 2848 ¶C. 05 JAKARTA 3026 ¶D. 05 JAKARTA 16215 Classified By: Political Officer Adam West for reasons 1.4(b) and (d). ¶1. (U) The Indonesian Supreme Court announced on December 21 it had overturned the conviction of Jemaah Islamiyah (JI) spiritual leader Abu Bakar Ba'asyir. In March 2005, Ba'asyir was sentenced to 30 months in prison for participating in a "sinister conspiracy to cause a fire or explosion that resulted in deaths" based on his role in approving the October 2002 Bali bombings that killed 202 people. Ba'asyir completed his sentence and was released on June 14, 2006. ¶2. (SBU) The conviction was upheld twice on appeal, including by the Supreme Court itself. Today's decision, however, was based on a separate process known as Judicial Review, which allows the defense to offer new evidence not available during the original trial. Lawyers from the Muslim Defense Team (TPM) filed a Judicial Review request for Ba'asyir on December 12, 2005. The request centered on a letter written by convicted Bali bomber Amrozi in March 2005 claiming that Ba'asyir was not involved in the planning of the 2002 attack. According to an Embassy contact, the Court ruled based on the letter that there was no evidence of a conspiracy between Amrozi and Ba'asyir. ¶3. (C) The decision came as a complete surprise, as neither Post nor the Australian Embassy nor even contacts on the Supreme Court itself were aware that a decision was forthcoming prior to today's announcement. Post has since received a flurry of negative reactions from contacts in the GOI. Roki Panjaitan, an assistant to Supreme Court Chief Bagir Manan, called it a "very bad decision." Salman Maryadi, who led the prosecution that led to Ba'asyir's conviction, was "shocked and surprised", while Chief of the Indonesian National Police's (INP) Detachment 88 Unit Bekto Suprapto was "disheartened." Lead INP CT investigator Benny Mamoto speculated that the decision could impact the outcome of other Judicial Review requests, including one filed by Amrozi himself and two others currently on death row for their roles in the 2002 Bali attack (septel). On the other hand, Sydney Jones, director of the International Crisis Group office in Jakarta and a respected expert on terrorism in Indonesia, said that it was "legally the right decision." ¶4. (U) Begin proposed press guidance: Q: What is our reaction to the reported Indonesian Supreme Court decision to overturn the conviction of JI leader Abu Bakar Ba'asyir, who was convicted in connection with the Bali bombings? A: -- WE ARE CONCERNED WITH REPORTS TODAY FROM JAKARTA THAT THE CONVICTION OF JI LEADER ABU BAKAR BA'ASYIR WAS OVERTURNED BY THE INDONESIAN SUPREME COURT, BUT DO NOT HAVE ENOUGH DETAILS AT THIS POINT TO COMMENT FURTHER. (FOR EAP: NOTE THAT THE AUSTRALIANS INTEND TO SAY THAT THEY ARE "DISAPPOINTED" WITH THE DECISION). -- IT SHOULD BE NOTED, HOWEVER, THAT BA'ASYIR HAS ALREADY SERVED HIS SENTENCE FOR HIS EARLIER CONVICTION. BA'ASYIR WAS SENTENCED IN MARCH LAST YEAR, CONVICTED OF, (QUOTING FROM THE COURT'S DECISION),A "SINISTER CONSPIRACY TO CAUSE A FIRE OR EXPLOSION, RESULTING IN DEATHS" IN THE OCTOBER 2002 BALI BOMBINGS. -- WE NOTE THAT THE BALI BOMBINGS KILLED 202 INNOCENT PEOPLE, INCLUDING AMERICANS AS WELL AS MANY INDONESIANS, AUSTRALIANS, AND OTHERS. -- WE ALSO NOTE THAT INDONESIA HAS PROSECUTED AND CONVICTED MORE THAN 250 TERRORISTS SINCE THE BALI BOMBINGS. BACKGROUND: According to reliable sources and press reports, the Indonesian Supreme Court on December 21, 2006 overturned the March 3, 2005 conviction of Jemaah Islamiyah (JI) Emir Abu Bakar Ba'asyir on criminal charges of participating in a JAKARTA 00013563 002 OF 002 conspiracy to carry out the October 2002 Bali bombings that killed 202 people. Ba'asyir's conviction was later upheld by the Indonesian Supreme Court but overturned on December 21, 2006 based on a judicial review in which Ba'asyir's defense presented new evidence. Ba'asyir had already served his sentence for the conviction and had been released from prison. HEFFERN