AFTER LOSING FINAL APPEAL, ANOTHER BALI BOMBER

C O N F I D E N T I A L JAKARTA 002658 SIPDIS SIPDIS DEPT FOR EAP, EAP/MTS, S/CT, INL FOR BOULDIN, DS 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: 09/20/2017 TAGS: PGOV PTER ASEC PINS ID SUBJECT: AFTER LOSING FINAL APPEAL, ANOTHER BALI BOMBER FACES DEATH SENTENCE REF: A. JAKARTA 2613 ¶B. JAKARTA 2497 ¶C. JAKARTA 2376 Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b)(d). ¶1. (C) SUMMARY -- A source has confirmed to Poloff that the Supreme Court has upheld the conviction and death sentence of Imam Samudra, a co-conspirator in the October 2002 Bali bombings. Samudra joins Amrozi bin Nurhasyim, another Bali bomber, on death row. One other bomber's case is still under Supreme Court review and should be decided soon. Unless there is a clemency petition--and one has not yet been filed--the death sentences could be carried out at any time, though as a practical matter that would probably not happen until the conclusion of Ramadhan in mid-October. END SUMMARY. ¶2. (C) THUMBS DOWN -- A source at the Supreme Court confirmed privately to Poloff September 20 that the Court has upheld the conviction and death sentence of Imam Samudra. Samudra and two other terrorists were sentenced to death in 2004 for their role in the October 2002 bombings in Kuta, Bali, which killed 202 people. The decision follows hard on the heals of the Court's announcement that it has upheld the conviction of another Bali conspirator, Amrozi bin Nurhasyim (ref B). The decision on Samudra--who like Amrozi has boasted of his involvement in the bombing--has not yet been made public. The Court has yet to decide the case of a third conspirator, Ali Gufron alias "Muklas," but it seems highly likely his sentence will be upheld, too. All three are linked to the terrorist group Jemaah Islamiyah. ¶3. (C) NO CLEMENCY PETITION (SO FAR) -- The Court decision means that Samudra, like Amrozi, has exhausted all available legal remedies. A request for clemency made directly to the President is his only remaining recourse. The three bombers, however, have repeatedly stated that they will not seek clemency. On September 12, they issued a chilling final statement which made clear that they feel no remorse for their actions (ref A). ¶4. (C) FACING THE MUSIC -- There has been little sign of public sympathy for the three terrorists, making it unlikely that a clemency request would be granted in any event. Short of that, the executions could take place at any time. Out of concern for Islamic sensitivities, however, the government will almost certainly prefer to delay any action until after the conclusion of the fasting month of Ramadhan and subsequent holiday period in mid-October. HUME