GOI--REACTING TO CONCERNS--ADJUSTS REMISSION

C O N F I D E N T I A L JAKARTA 002892

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, S/CT, INL FOR BOULDIN, INR/EAP
DOJ FOR CRIM AAG SWARTZ, DOJ/OPDAT FOR
LEHMANN/ALEXANDRE/BERMAN
DOJ/CTS FOR MULLANEY, ST HILAIRE
FBI FOR ETTUI/SSA ROTH
NCTC WASHDC
NSC FOR EPHU

E.O. 12958: DECL: 10/12/2017
TAGS: PREL PTER PGOV KJUS ID
SUBJECT: GOI--REACTING TO CONCERNS--ADJUSTS REMISSION
POLICY FOR THOSE CONVICTED OF TERRORISM

REF: A. JAKARTA 2852 B) 06 JAKARTA 12773

Classified By: Pol/C Joseph Legend Novak, reasons 1.4 (b,d).


1. (C) SUMMARY: In response to international concerns, the
GOI has quietly adjusted its sentence remission policy for
those convicted of terrorism-related offenses. Instead of
applying the annual holiday-timeframe remissions policy for
all prisoners indiscriminately, the GOI will take time to
review the files of those convicted of terrorist offenses
before deciding whether or not to take action. This new rule
was put in place by the GOI specifically in time for the
fifth anniversary of the October 12, 2002, Bali bombings.
END SUMMARY.


2. (C) On October 12, Mission again expressed our concerns
to the GOI regarding its policy of granting remissions to
convicted terrorists annually on the Idul Fitri holiday
(October 13 this year) as part of the general policy of
routinely granting remissions to all Muslim prisoners for
good behavior. Pol/C underscored USG concerns with
Department of Foreign Affairs contacts. Pol/C also
emphasized our concerns to Untung Sugiono, Director General
for Correctional Institutions, the second-highest official in
the Ministry of Legal Affairs. Pol/C underlined that
granting remissions to terrorists is wholly inappropriate and
insensitive to the feelings of their victims; moreover, it
sends the completely wrong signal to the international
community.


3. (C) Sugiono apologized for the policy, which he said
predates the September 11, 2001, attacks. He explained,
however, that a 2006 law does restrict the eligibility for
remissions for those convicted of terrorism and other
transnational crimes (e.g., terrorism, money laundering, and
narcotics),requiring that they serve a third of their
sentence before being eligible, compared to only six months
for those convicted prior to the 2006 law.


4. (C) Furthermore, he continued, no convicted terrorists or
person convicted of transnational crimes would be granted
remission on October 13 (when the policy will be implemented
for those convicted of less serious crimes). For terrorists
and others convicted of transnationa crimes, authorities must
submit the requests through provincial governments to the
Ministry of Legal Affairs, which will decide on the remission
requests in approximately two months. He said this rule
(which apparently has not yet been made public) was
instituted this year specifically out of concern for the
feelings of October 12, 2002, Bali bombing victims (a
commemoration ceremony will take place in Bali today marking
the fifth anniversary of the deadly attacks).


5. (SBU) Sugiono added that 52,400 prisoners will be granted
routine remissions on October 13. These legally-mandated
sentence reductions are given on three dates each year, Idul
Fitri, Christmas (for Christians) and Indonesian Independence
Day (August 17),provided that the prisoner has demonstrated
good behavior.


6. (C) Mission compared notes with the Australian Embassy
which has been very active on this matter. We agreed that
the new policy--while not perfect--was an improvement over
the old one, which--in its blanket application--was correctly
seen as very lenient on terrorists.
HEFFERN