BALI BOMBERS INCH CLOSER TO EXECUTION (BUT IT MAY

C O N F I D E N T I A L JAKARTA 001383 SIPDIS DEPT FOR EAP, EAP/MTS, EAP/MLS, S/CT, INL FOR BARCLAY/BOULDIN/BUHLER 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 E.PHU E.O. 12958: DECL: 07/18/2018 TAGS: PGOV KJUS PTER ID SUBJECT: BALI BOMBERS INCH CLOSER TO EXECUTION (BUT IT MAY NOT HAPPEN SOON) REF: JAKARTA 1377 AND PREVIOUS Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d). ¶1. (C) SUMMARY: On July 17, the Supreme Court of Indonesia determined that the three Bali bombers on death row had exhausted their appeals process. According to a spokesman from the Attorney General's Office, the ruling brings their execution date closer. Sources continue to tell us that they do not know when the executions will take place. Some contacts speculate that--for political reasons--the executions will not happen until after the national elections in 2009. That said, the GOI says it is fully committed to seeing justice done. END SUMMARY. ¶2. (SBU) RULING SEEMS TO CLEAR THE WAY: The Supreme Court of Indonesia ruled on July 17 that the third and final appeal of the three Bali bombers was invalid and that their appeals process was thereby exhausted. Amrozi (one name only),Imam Samudra and Ali Ghufron were convicted and sentenced to death in 2003 for carrying out the October 2002 attack in Bali. Their sentences were upheld twice on appeal, and on March 24, lawyers withdrew a second request for judicial review of their convictions. The Attorney General had required the third legal review--a determination as to whether defendants were entitled to more than one review--before proceeding with execution (see reftels). According to a spokesman from the Attorney General's Office, the ruling brings their execution date closer. ¶3. (SBU) CLEMENCY REQUEST?: Throughout the appeals process, the AGO has stated that it would give the three defendants and their families a final opportunity to request presidential clemency. A clemency request from the three men or their families remains a possibility, despite public statements from the terrorists that they would not seek clemency and looked forward to their "martyrdom." Although their legal strategy of trying to buy time for their clients appears to have come to an end, the lawyers continue to argue for more reviews by the courts. ¶4. (SBU) While their legal team continues to examine the angles, the terrorist themselves remain incarcerated in a maximum security prison located on Nusa Kambangan Island off of Central Java. While the prisoners have proven adept at netting press play, they have not been heard from that much as of late. ¶5. (C) POLITICS COULD DELAY: Most Indonesians are only given one legal review of their sentences. In contrast, the Bali bombers have received three, which is virtually unprecedented. In allowing this, the GOI is clearly bending over backwards to make sure the legal process appears fair. ¶6. (C) Although some articles in the Australian press recently reported that the executions would likely happen soon, Mission has not heard that. Our contacts say they are not sure when the executions will take place. Some contacts speculate that--for political reasons--the executions will not happen until after the national elections in 2009. (Note: National legislative elections take place in April 2009 and presidential elections take place in July 2009 with a possible run-off election after that.) For its part, the Indonesian government continues to assert that it plans to carry out the sentences, though it carefully avoids setting a timeframe. HUME