Identifier
Created
Classification
Origin
07JAKARTA2376
2007-08-29 08:22:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
BALI BOMBER DEATH SENTENCES REPORTEDLY UPHELD
how-toVZCZCXRO2869 PP RUEHCHI RUEHDT RUEHHM DE RUEHJA #2376 2410822 ZNY CCCCC ZZH P 290822Z AUG 07 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC PRIORITY 5985 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBY/AMEMBASSY CANBERRA PRIORITY 1073 RUEHWL/AMEMBASSY WELLINGTON PRIORITY 1695 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RHHJJPI/USPACOM HONOLULU HI PRIORITY RHMCSUU/FBI WASHINGTON DC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY
C O N F I D E N T I A L JAKARTA 002376
SIPDIS
SIPDIS
DEPT FOR EAP, EAP/MTS, S/CT, INL FOR BOULDIN
DOJ FOR CRIM AAG SWARTZ, DOJ/OPDAT FOR
LEHMANN/ALEXANDRE/BERMAN
DOJ/CTS FOR MULLANEY, ST HILAIRE
FBI FOR ETTUI/SSA ROTH
NCTC WASHDC
E.O. 12958: DECL: 08/27/2017
TAGS: PTER PGOV KJUS ASEC CASC ID
SUBJECT: BALI BOMBER DEATH SENTENCES REPORTEDLY UPHELD
REF: A. JAKARTA 138
B. 06 JAKARATA 10037
Classified By: DCM John Heffern, for reasons 1.4(b) and (d).
C O N F I D E N T I A L JAKARTA 002376
SIPDIS
SIPDIS
DEPT FOR EAP, EAP/MTS, S/CT, INL FOR BOULDIN
DOJ FOR CRIM AAG SWARTZ, DOJ/OPDAT FOR
LEHMANN/ALEXANDRE/BERMAN
DOJ/CTS FOR MULLANEY, ST HILAIRE
FBI FOR ETTUI/SSA ROTH
NCTC WASHDC
E.O. 12958: DECL: 08/27/2017
TAGS: PTER PGOV KJUS ASEC CASC ID
SUBJECT: BALI BOMBER DEATH SENTENCES REPORTEDLY UPHELD
REF: A. JAKARTA 138
B. 06 JAKARATA 10037
Classified By: DCM John Heffern, for reasons 1.4(b) and (d).
1. (C) A reliable source at the Supreme Court has told us
that the Court has denied the Judicial Review request
submitted by Amrozi bin Nurhasyim, Imam Samudra and Ali
Gufron alias Muklas. The three men were sentenced to death
in 2003 for their roles in the 2002 Bali bombings. The Court
has declined to confirm the report, and the decision
reportedly will not be made public for another month. If the
report is true, the decision would mean that all legal
avenues of appeal for the three bombers are now exhausted.
2. (U) Lawyers from the Muslim Defense Team (TPM)
representing the three men submitted the request for Judicial
Review in September 2006, just weeks after the Attorney
General's Office threatened to proceed with their execution
(ref B). The TPM had an opportunity to make oral arguments
in a Bali court in January but chose instead to walk out of
the session on grounds that their motion to move the court
venue to Central Java had been ignored (ref a).
3. (C) The TPM's Judicial Review request argued that the
convictions should be overturned because the men had been
convicted under a retroactive provision of the 2003
Anti-Terror Law. The retroactive provision was eventually
annulled by a 2004 Constitutional Court (CC) ruling. At that
time, Supreme Court Chief Justice Bagir Manan stated publicly
that under Indonesian law the CC's 2004 decision did not
require that convictions won prior to that decision be
invalidated. The current decision, if true, would confirm
this principle. Moreover, the original trials were by all
accounts fairly conducted and there is no doubt that the
three men played a direct role in the bombings.
HUME
SIPDIS
SIPDIS
DEPT FOR EAP, EAP/MTS, S/CT, INL FOR BOULDIN
DOJ FOR CRIM AAG SWARTZ, DOJ/OPDAT FOR
LEHMANN/ALEXANDRE/BERMAN
DOJ/CTS FOR MULLANEY, ST HILAIRE
FBI FOR ETTUI/SSA ROTH
NCTC WASHDC
E.O. 12958: DECL: 08/27/2017
TAGS: PTER PGOV KJUS ASEC CASC ID
SUBJECT: BALI BOMBER DEATH SENTENCES REPORTEDLY UPHELD
REF: A. JAKARTA 138
B. 06 JAKARATA 10037
Classified By: DCM John Heffern, for reasons 1.4(b) and (d).
1. (C) A reliable source at the Supreme Court has told us
that the Court has denied the Judicial Review request
submitted by Amrozi bin Nurhasyim, Imam Samudra and Ali
Gufron alias Muklas. The three men were sentenced to death
in 2003 for their roles in the 2002 Bali bombings. The Court
has declined to confirm the report, and the decision
reportedly will not be made public for another month. If the
report is true, the decision would mean that all legal
avenues of appeal for the three bombers are now exhausted.
2. (U) Lawyers from the Muslim Defense Team (TPM)
representing the three men submitted the request for Judicial
Review in September 2006, just weeks after the Attorney
General's Office threatened to proceed with their execution
(ref B). The TPM had an opportunity to make oral arguments
in a Bali court in January but chose instead to walk out of
the session on grounds that their motion to move the court
venue to Central Java had been ignored (ref a).
3. (C) The TPM's Judicial Review request argued that the
convictions should be overturned because the men had been
convicted under a retroactive provision of the 2003
Anti-Terror Law. The retroactive provision was eventually
annulled by a 2004 Constitutional Court (CC) ruling. At that
time, Supreme Court Chief Justice Bagir Manan stated publicly
that under Indonesian law the CC's 2004 decision did not
require that convictions won prior to that decision be
invalidated. The current decision, if true, would confirm
this principle. Moreover, the original trials were by all
accounts fairly conducted and there is no doubt that the
three men played a direct role in the bombings.
HUME