Identifier
Created
Classification
Origin
07JAKARTA2916
2007-10-16 10:00:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
BOWING TO PRESSURE, GOI ANNOUNCES TOUGHER
how-toVZCZCXRO0411 OO RUEHCHI RUEHCN RUEHDT RUEHHM DE RUEHJA #2916 2891000 ZNY CCCCC ZZH O 161000Z OCT 07 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 6700 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBY/AMEMBASSY CANBERRA PRIORITY 1386 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RUEHWL/AMEMBASSY WELLINGTON 1887 RUEATRS/DEPT OF TREASURY WASHDC RHHJJPI/USPACOM HONOLULU HI RHMCSUU/FBI WASHINGTON DC RUEKJCS/SECDEF WASHDC RHEHNSC/NSC WASHDC
C O N F I D E N T I A L JAKARTA 002916
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
NSC FOR EPHU
E.O. 12958: DECL: 10/16/2017
TAGS: PGOV PTER KJUS PREL ID
SUBJECT: BOWING TO PRESSURE, GOI ANNOUNCES TOUGHER
REMISSIONS POLICY RE TERRORISTS
REF: A. JAKARTA 2892
B. JAKARTA 2263
C. 06 JAKARTA 12773
Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b)(d).
C O N F I D E N T I A L JAKARTA 002916
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
NSC FOR EPHU
E.O. 12958: DECL: 10/16/2017
TAGS: PGOV PTER KJUS PREL ID
SUBJECT: BOWING TO PRESSURE, GOI ANNOUNCES TOUGHER
REMISSIONS POLICY RE TERRORISTS
REF: A. JAKARTA 2892
B. JAKARTA 2263
C. 06 JAKARTA 12773
Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b)(d).
1. (C) SUMMARY -- The GOI's formal revision of its criminal
sentence remission policy has taken effect. The new
regulation makes it more difficult for certain groups of
convicts--notably terrorists--to receive the annual sentence
reductions traditionally given to most prisoners in
Indonesia. The regulation represents a welcome hardening of
Indonesia's resolve on terrorism, and is the result of years
of efforts by Australia and the U.S. to change the open-ended
remissions policy. END SUMMARY.
2. (SBU) A NEW REGULATION -- The new regulation--which has
just been formally announced by the Ministry of Law and Human
Rights--is directed at prisoners convicted of specifically
enumerated crimes, including terrorism, drug offenses, human
trafficking, corruption, human rights violations and
"transnational" offenses. Under the new policy, the
prisoners in these categories will not be eligible to receive
sentence remissions until they have served at least one-third
of their prison terms. Those who have already reached the
one-third mark will receive remissions only with the
concurrence of the Director General (DG) for Prisons. Other
privileges--including early release and temporary parole to
visit family--will also require DG authorization for
prisoners who fall into the enumerated baskets.
3. (C) IT'S ALREADY IN EFFECT -- The new policy is already
being implemented by the Indonesian government. As
foreshadowed in Ref A, for example, no terrorists reportedly
received sentence remissions on October 13 when over 50,000
Muslim prisoners received annual, automatic sentence
remissions due to the Idul Fitri holiday. Instead, possible
Idul Fitri remissions for convicted terrorists are being
reviewed by the Ministry of Law and Human Rights. According
to GOI and Australian EMBASSY contacts, this process will
take several weeks or months until it is complete.
4. (C) A WELCOME CHANGE -- The new regulation is a
long-awaited change. It was actually contained in
Presidential Instruction no. 28 of 2006 (ref C),but was not
implemented in regulatory form until now. The regulation
represents a welcome hardening of Indonesia's resolve on
terrorism, and is the result of years of efforts by Australia
and the U.S. to change the policy. While positive as far as
it goes, the new regulation still leaves open the real
possibility that convicted terrorists will receive sentence
remissions, so more work still needs to be done with the GOI.
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
NSC FOR EPHU
E.O. 12958: DECL: 10/16/2017
TAGS: PGOV PTER KJUS PREL ID
SUBJECT: BOWING TO PRESSURE, GOI ANNOUNCES TOUGHER
REMISSIONS POLICY RE TERRORISTS
REF: A. JAKARTA 2892
B. JAKARTA 2263
C. 06 JAKARTA 12773
Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b)(d).
1. (C) SUMMARY -- The GOI's formal revision of its criminal
sentence remission policy has taken effect. The new
regulation makes it more difficult for certain groups of
convicts--notably terrorists--to receive the annual sentence
reductions traditionally given to most prisoners in
Indonesia. The regulation represents a welcome hardening of
Indonesia's resolve on terrorism, and is the result of years
of efforts by Australia and the U.S. to change the open-ended
remissions policy. END SUMMARY.
2. (SBU) A NEW REGULATION -- The new regulation--which has
just been formally announced by the Ministry of Law and Human
Rights--is directed at prisoners convicted of specifically
enumerated crimes, including terrorism, drug offenses, human
trafficking, corruption, human rights violations and
"transnational" offenses. Under the new policy, the
prisoners in these categories will not be eligible to receive
sentence remissions until they have served at least one-third
of their prison terms. Those who have already reached the
one-third mark will receive remissions only with the
concurrence of the Director General (DG) for Prisons. Other
privileges--including early release and temporary parole to
visit family--will also require DG authorization for
prisoners who fall into the enumerated baskets.
3. (C) IT'S ALREADY IN EFFECT -- The new policy is already
being implemented by the Indonesian government. As
foreshadowed in Ref A, for example, no terrorists reportedly
received sentence remissions on October 13 when over 50,000
Muslim prisoners received annual, automatic sentence
remissions due to the Idul Fitri holiday. Instead, possible
Idul Fitri remissions for convicted terrorists are being
reviewed by the Ministry of Law and Human Rights. According
to GOI and Australian EMBASSY contacts, this process will
take several weeks or months until it is complete.
4. (C) A WELCOME CHANGE -- The new regulation is a
long-awaited change. It was actually contained in
Presidential Instruction no. 28 of 2006 (ref C),but was not
implemented in regulatory form until now. The regulation
represents a welcome hardening of Indonesia's resolve on
terrorism, and is the result of years of efforts by Australia
and the U.S. to change the policy. While positive as far as
it goes, the new regulation still leaves open the real
possibility that convicted terrorists will receive sentence
remissions, so more work still needs to be done with the GOI.
HUME