UNCLAS JAKARTA 004364

SIPDIS

SENSITIVE
SIPDIS

FROM AMCONSUL SURABAYA 0974

DEPT FOR CA/OCS/ACS/EAP, EAP, EAP/IET AND DRL/IRF

E.O. 12958: N/A
TAGS: CASC PHUM PGOV KIRF ID RAY DAVID WILLIAM
SUBJECT: AMCIT RECEIVES FIVE MONTH SENTENCE FOR VISA
VIOLATION; INDONESIAN GETS 30 MONTHS FOR BLASPHEMY

REFS: A. 05 JAKARTA 15035;


B. SURABAYA/OCS E-MAIL UPDATES NOV 2005-MAR. 2006;

C. JAKARTA 001449


1. (U) Summary: On March 29, the court in Sampang, Madura
found U.S. citizen David Ray guilty of violating his student
visa and sentenced him to five months in prison. Counting
time served, Ray likely will go free the week of April 14,
barring a prosecution appeal. The court found Ray's
colleague, Indonesian citizen Thomas Robben, guilty of

insulting religion (blasphemy) and sentenced him to two and
a half years in prison. End summary.


2. (SBU) Per reftel A, local Sampang authorities have
detained Mr. Ray since November 13, 2005 for an immigration
violation. ConGen Surabaya managed to get Mr. Ray
transferred to East Java Police Custody in Surabaya in order
to facilitate ACS visits and those by family, friends, and
legal counsel. Once the trial began in January, he went back
to Sampang police/prosecution custody. On Mar 29, after a
two-month trial, Mr. Ray received a guilty verdict from a
three-judge panel. The maximum sentence in such cases can
run up to five years. The Prosecution had asked for an
eight month sentence, but the judges reduced that to five.
With time served, Mr. Ray could go free as soon as the week
of April 14. The release date depends on cooperation from
the prosecution, as they might appeal the judges' decision.


3. (SBU) The visibly agitated judges read the verdict in
front of a tense courtroom packed with local villagers
(Muslim) seeking a stiff sentence for Thomas Robben. The
judges found Mr. Robben guilty of insulting religion
(blasphemy) and sentenced him to 2.5 years, just short of
the three years that the prosecution sought. As Mr. Robben
moved from the courtroom back to the holding cell, the crowd
shouted insults at him and some tried to force their way
towards him. The local police force, dispatched
specifically for the trial, held the crowd back and Mr.
Robben returned safely to his holding cell.


4. (SBU) The courtroom emptied

for Mr. Ray's verdict,
although a crowd of 150 or 200 in the courthouse parking lot
proceeded to stage a demonstration against Mr. Robben and
Mr. Ray. During the trial, some demonstrators entered the
atrium of the courthouse and began to chant `Hukum Mati' or
`Death Penalty' for Mr. Ray and Mr. Robben. The police
quickly moved the protestors into the parking lot and closed
the courtroom doors.

RAY AND ROBBEN BOTH DECLINE TO APPEAL
--------------


5. (SBU) After the verdict, Mr. Ray stated that he had no
intention of appealing his sentence, would serve out the
remaining two weeks and return to Malang where his AmCit
wife and two sons reside. Regarding his status as a
student, the court made no decision about his visa; Mr. Ray
plans on visiting Malang immigration upon release to clarify
whether his visa remains valid. Post sees it as likely that
Immigration will order Mr. Ray expelled from Indonesia; we
do not know whether he could apply for a new visa to return.


6. (SBU) For unknown reasons, Mr. Robben also has decided
not to appeal. We had unconfirmed reports that local prison
authorities had passed veiled allusions of retaliation from
Sampang prosecution if he decided to appeal.

A LONG STRANGE ROAD.
--------------


7. (SBU) Throughout this strange trial for a minor
immigration violation, the prosecution seemed intent on
retaining Mr. Ray in custody for as long as possible and
refused to release him under "home arrest" while awaiting
trial (a common practice for minor offenses). The
reluctance of the prosecution to release Mr. Ray most likely
stems from public pressure to punish Mr. Ray - the
prosecution several times sought to link Mr. Ray with the
religious blasphemy charge faced by Mr. Thomas Robben.
Ray's legal counsel told us that the judges feared local
reaction if they did not prosecute Mr. Ray, telling him "who
will be responsible if the court burns down?"


8. (SBU) Colleagues of Mr. Ray's from Crossworlds
International, a US-based Christian organization, also
indicated that the whole episode could have resulted from a
fight over money and from local jealousies in a very rural
and conservative part of Madura. Mr. Ray had charge of funds
for a humanitarian project (building a small dam) for a
community of former internally displaced persons (IDPs)
Madurese who had emigrated to Kalimantan, but then returned
to the Sampang area. Neighboring villages apparently
resented the focus on this group of "non-locals" and
demanded that they also get a "project" and receive funds
from Mr. Ray's organization. Local politicians apparently
flamed the discontent; subsequently they made various
charges at Ray and Robben, including proselytizing,
distributing bibles, and insulting religion (blasphemy).

9 (SBU) This case highlights a troubling reality - the
poorly written criminal code allows for misuse of the legal
system for personal and political gain. PASCOE