INDONESIAN PROSECUTORS TACKLE 12 NEW TERROR CASES

C O N F I D E N T I A L SECTION 01 OF 04 JAKARTA 001453

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: 02/03/2026
TAGS: PTER PGOV KVPR KJUS KISL ASEC CASC AS ID
SUBJECT: INDONESIAN PROSECUTORS TACKLE 12 NEW TERROR CASES

REF: A. 05 JAKARTA 09473 POLICE NAB 19 TERROR SUSPECTS

B. 05 JAKARTA 16574 PARIS CT SEMINAR

Classified By: Political Officer Tim Hefner for reasons 1.4 (b) and (d)
.

Summary
--------------


1. (C) Indonesian prosecutors have brought twelve new
terrorism trials to the South Jakarta District Court with the
case against Abdullah Sunata headlining this latest tranche
(ref A). In Sunata's indictment, prosecutors accuse him of
financing terrorism as well as providing assistance to Jemaah
Islamiyah (JI) fugitives Umar Patek, Dulmatin, and Noordin M.
Top, but prosecutors do not connect Sunata to specific
terrorist events, usually required to necessitate GOI action
(ref B). Prosecutors and police cooperated in developing the
case against Sunata and the others, an unusual occurrence in
the Indonesian law enforcement/judicial system. However,
prosecutors do not have an easy road ahead of them in seeking
convictions for Sunata and many of the other defendants. The
charges against Sunata and several others carry maximum
sentences of death. End Summary.

Weak Cases/Junior Prosecutors May Equal Trouble
-------------- --


2. (C) Twelve new terrorism cases began in late December and
early January in the South Jakarta District Court with
accused terrorist financier and facilitator Abdullah Sunata
headlining the trials. His capture last June was among the
year's key arrests. Some of the top prosecutors have told us
that they believe most of the defendants have played only
minor roles in terrorist activities, and many junior and
middle-level prosecutors with little experience trying
terrorists have been tasked with securing convictions.
However, Andi Herman, former head of Sentencing Requests at
the Jakarta High Prosecutor's Office, told us that he and his
superior, Assistant High Prosecutor for General Crimes Noor
Rachmad, understood the symbolic importance of these cases
and worked to insure adequate prosecutions of all twelve
cases.


3. (C) Despite his assurance, Herman told us prosecutors do
not have strong evidence and asserted that the cases hinge on
the cooperation and testimonies of defendants. The cases had
a rough start when prosecutors initially used their authority
to refuse to accept any of the dossiers from the Indonesian
National Police (INP) on the grounds they were incomplete.
The rejection resulted in an unusual level of pre-trial
cooperation between police and prosecutors. Herman, at the
direction of Rachmad, oversaw four separate meetings between
prosecutors and terrorism investigators from the INP's
Special Detachment-88 to develop acceptable dossiers. Herman
had been scheduled to transfer out of Jakarta, but Rachmad
refused to allow him to take his promotion until prosecutors
and police had developed acceptable dossiers.

Weapons Possession Tops Sunata's Charges
--------------


4. (C) The indictment against Abdullah Sunata (alias Arman
Kristianto alias Andri) connects him with JI fugitives Umar
Patek and Dulmatin following the 2002 Bali bombing and to
Noordin M. Top following the 2004 Australian Embassy bombing,
though it stops short connecting him to any specific
terrorist event. Sunata faces a maximum death sentence for
violating Article 9 of the 2003 Anti Terrorism Law for
weapons possession with intent to commit acts of terrorism,
and three to fifteen years respectively for violating Article
11 for financing acts of terrorism, and Article 13 for aiding
and abetting.


5. (C) Though absent direct links to terrorist acts, Sunata's
indictment clearly implicates him in the weapons charge,
describing how he delivered and ordered others currently
standing trial to pick up and deliver handguns, ammunition,
and related items, such as barrel cleaners and a holster.
Sunata also directed accused terrorist Purnama Putra to find
automatic weapons for Top and others.

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Saudi Money Funding Jihad in Ambon, Southern Philippines
-------------- --------------


6. (C) Prosecutors state in the indictment that Sunata
received funds from a Saudi national named Sheik Abu Muhammad
in three disbursements -- approximately 5000 USD (50 million
rupiah),6000 USD (60 million rupiah),and 25,000 USD
(100,000 Saudi Riyals) -- for operational expenses. Sunata
used these funds to send fighters to the Philippines, Ambon,
and Menado, to support Umar Patek's activities in the
Philippines, and to provide money to suspected terrorists
pursued by the police. Sunata received the third
distribution from Abu Muhammad in December 2004. Sunata also
received 1500 USD (15 million rupiah) from accused terrorist
Joko Sumanto, money he then sent to Umar Patek in the
Philippines in October 2004 to purchase weapons.
Additionally, Sunata gave accused terrorist Iqbal Husaini 50
USD (500,000 rupiah) and instructed him to open a bank
account at the Depok branch of Bank Mandiri under the name of
Adrian Alamsyah (account number 129-00-0482133-2). Sunata
and others transferred funds to this account and used ATM
transactions to provide financial assistance to the widows
and children of Musa (NFI) and Aswad/Sawad (NFI-indictment
misspells this name, we do not know which spelling is
correct).

Helping Terrorists on the Run
--------------


7. (C) In support of the Article 13 charge for aiding and
abetting, prosecutors allege that Sunata knowingly assisted
Umar Patek and Dulmatin while the INP searched for them in
connection with the first Bali bombing. Sunata found and
paid for safehouses for the two and directed others to assist
them, playing a role in moving the JI figures and their
families to the southern Philippines via Tawau in Sabah,
Malaysia. Sunata also directed others to provide logistical
support to Top after the Australian Embassy bombing.
Prosecutors included in their indictment allegations of a
discussion between Sunata and Top in which Top explained his
comprehensive bombing strategy and invited Sunata and his
cohorts to join in his efforts, to which Sunata replied he
needed to discuss the idea with his comrades.


8. (C) Since the trials began, strongly incriminating
evidence supporting the charges against Sunata has yet to
emerge. Prosecutors said they had more than 20 witnesses to
call to make their case against Sunata, and judges requested
a speedy trial with as many as five witnesses appearing per
day. Several witnesses, most of whom stand accused of
violating the 2003 Anti Terrorism Law as well, have appeared
in court and willingly answered questions. Anecdotally,
during accused terrorist Enceng Kurnia's (alias Arham alias
Arnold) testimony, Arham admitted to accompanying Sunata in
Ambon while Sunata worked for the local branch of the Muslim
charity organization KOMPAK. Arham also said he and Sunata
left Ambon in 1999 and traveled together to the Philippines
to join in military training to prepare for jihad.

South Jakarta Court Hears Eleven More Terrorist Cases
-------------- --------------


9. (C) The eleven other suspected terrorists facing charges
in the South Jakarta District Court under the 2003 Anti
Terrorism Law are as follows (ref A):

-- Iqbal Husaini (alias Ramly alias Adrian Alamsyah al Ryian
alias Rambo),Articles 9, 11, 13, and 15. Husaini faces a
primary charge of violating Article 9 for possessing weapons
with intent to commit acts of terrorism. He also faces
subsidiary charges for financing, aiding and abetting, and
participating in acts of terrorism. Article 9 carries a
maximum penalty of death.

-- Danny Chandra (alias Yusuf),Article 9, 13, Emergency Law
12/1951: Prosecutors have brought primary charges of illegal
possession of weapons possession under the terrorism law and
Article 1 of Emergency Law 12 from 1951. Chandra also
faces Article 13 for aiding and abetting terrorism acts.
Chandra could face the death penalty under Article 9.

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-- Ahmad Rafiq Rihdo (alias Ali Zein alias Allen alias Jamal
alias Syaiful),Article 9, 13, 15: Rihdo faces several
primary charges including participating in terrorist acts,
weapons possession, which carries the death penalty, and
aiding and abetting, which calls for three to fifteen years
in prison.

-- Purnama Putra (alias Usman alias Usamah alias Ipung alias
Risqy alias Uus alias Tikus),Article 9: Prosecutors also
have levied an illegal possession of weapons and/or
explosives charge against Usman, which carries the death
penalty.

-- Enceng Kurnia (alias Arham alias Arnold alias Rahman),
Articles 9, 13, Emergency Law 12/1951: Arham's dossier also
concentrates on possession of weapons and carries a maximum
penalty of death.

-- Joko Sumanto (alias Joko alias Cunto),Articles 9, 11, 13,
and 15: Sumanto faces only one primary charge, financing the
purchase of weapons and/or explosives, and of the twelve
accused terrorists, he alone has a court-appointed defense
attorney and not a Muslim Defense Team (TPM) lawyer. Police
arrested five other suspects with Sumanto and subsequently
questioned and released at least two of them, Suratmanto
(alias Anto) and Hananto (alias Hana). At this time, the
status of both Yusuf and Tugino (alias Gino) remains unknown.

-- Muhamad Iqbal (alias Bayhaqi),Articles 9, 11, 15,
Emergency Law 12/1951: Prosecutors have three primary
charges against Bayhaqi, all related to weapons possession.
Two of these charges fall under the Anti Terrorism Law and
could result in the death penalty. One of the two terrorism
charges relates to financing the purchase of weapons.

-- Salahudin Sutowijoyo (alias Miqdad Dumas alias Tito Ma'ruf
alias Chepi),Articles 9, 15, Articles 55 and 266 of the
Penal Code: Salahudin's indictment includes charges of
making false statements and participating in criminal
activities. Under the Anti Terror Law, Salahudin still faces
a weapons charge which carries the death penalty.

-- Joni Ahmad Fauzani (alias Joni),Articles 7, 13, 15:
Prosecutors accuse Fauzani of aiding and abetting and for the
intentional use of or threat of violence to create an
atmosphere of terror, as stated in Article 7 of the Anti
Terrorism Law. The charge carries a 15-year maximum
sentence.

-- Joko Triharmanto (alias Harun alias Jek bin Dalimun),
Article 13 and Emergency Law 12/1951: Triharmanto faces
minor charges of aiding and abetting and illegally possessing
weapons.

-- Joko Tri Priyanto (alias Joko Gondrong alias Anto),
Article 13: Priyanto faces a minor charge of aiding and
abetting only. His indictment carries a maximum penalty of
fifteen years in prison if convicted.


10. (SBU) Three other men arrested in late June-early July
2005 in Central Java may have been involved in the
assassination of Central Sulawesi prosecutor Feri Silalahi.
However, we do not have any further information about them at
this time. Their names are Hence Malewa alias Babe, Farid
Podungge alias Nene alias Wawan alias Andre, and Husain Amin
Latina.

Comment
--------------


11. (C) Police-prosecutor cooperation early in the cycle
signals a positive development, but this will be overshadowed
if lack of evidence leads to few convictions or weak
sentences. Prosecutors, however, have several weeks to
develop their cases before the court, and most of the
indictments contain several terrorism-related charges, giving
judges options when deciding the cases. The use of Article
11 for financing terrorism signals a new tactic from
prosecutors. In Sunata's indictment, prosecutors failed to
connect him to a specific terrorist attack, a tactic which

JAKARTA 00001453 004 OF 004


the AGO has shied away from utilizing in the past. Although
the indictment has detailed descriptions of Sunata's
activities, especially in receiving funds, prosecutors must
find ways to convince other accused terrorists to testify
against Sunata.
PASCOE