Identifier
Created
Classification
Origin
06JAKARTA13563
2006-12-21 10:52:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
SUPREME COURT OVERTURNS BA'ASYIR TERRORIST
how-toVZCZCXRO1201 OO RUEHCHI RUEHDT RUEHHM DE RUEHJA #3563/01 3551052 ZNY CCCCC ZZH O 211052Z DEC 06 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 2563 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 0258 RUEHWL/AMEMBASSY WELLINGTON IMMEDIATE 1237 RHMCSUU/FBI WASHINGTON DC IMMEDIATE RUEKJCS/SECDEF WASHDC IMMEDIATE RHHJJPI/USPACOM HONOLULU HI IMMEDIATE RHEHNSC/NSC WASHDC IMMEDIATE
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).
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
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