GOI TO BALI BOMBERS -- MAKE CLEMENCY REQUEST OR

C O N F I D E N T I A L JAKARTA 002939

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: 10/19/2017
TAGS: PGOV KJUS ASEC CASC PTER ID
SUBJECT: GOI TO BALI BOMBERS -- MAKE CLEMENCY REQUEST OR
FACE CONSEQUENCES

REF: A. JAKARTA 2613


B. JAKARTA 2497

C. JAKARTA 2376

D. JAKARTA 827

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


1. (C) SUMMARY -- The Indonesian Attorney General has given
the three convicted Bali Bombers one month to request
clemency from the President. If they don't--and the three
have repeatedly said they won't, they face execution. If
they make the clemency request, the process could drag on for
some time. The AG's deadline is the clearest indication so
far that the GOI intends to carry out the executions. END
SUMMARY.


2. (SBU) AN ULTIMATUM -- In an October 18 public statement,
AG Supandji gave the three convicted Bali bombers--Amrozi bin
Nurhasyim, Imam Samudra and Ali Gufron alias "Muklas"--one
month to submit a request for clemency to President
Yudhoyono. Supandji made clear that if no request was
submitted during that timeframe, the AGO would proceed with
the executions. He gave no indication that the Indonesian
government would look favorably on any such applications if
such were made.


3. (U) Background: A Bali district court sentenced the three
men to death in 2005 for their roles in the October 2002
attacks, which killed 202 and maimed dozens. The convictions
were upheld twice on appeal, and--in September--the Supreme
Court denied the bombers' request for further Judicial
Review, effectively exhausting their legal remedies (ref B),
short of a clemency application.


4. (C) ZERO REMORSE -- The three terrorists--all of whom are
members of the Jemaah Islamiyah terrorist organization--have
never retracted their original confessions and have never
shown any remorse whatsoever for carrying out the bombings.
They have also repeatedly stated in strident manner that they
would not request clemency. The three issued a bloodthirsty
"final" statement in September stating that their executions
would make them "martyrs" and an example to other Muslims
(ref A). According to a source at the AG's office, a request
for clemency--at this point--would be a self-admission that
the men had erred and thus a betrayal of their violent,
fanatical ideology. Indonesian law, however, also allows
family members to request clemency on behalf of relatives,
which might be a way for the terrorists to drag the whole
process out some more.


5. (C) END-GAME? -- The AG's statement is the clearest sign
yet that the GOI intends to move forward with the executions.
It is still possible that a clemency request, perhaps from a
family member, will be made, requiring a decision from the
President's office. However, given the lack of public
sympathy for the unrepentant terrorists, it seems unlikely
that the Palace would grant such a request should one be
made. At this point, the GOI seems to want to seem firm,
signaling to local extremists and the international community
that its resolve is strong.
HUME