FACING EXECUTION, BALI BOMBERS TO LAUNCH

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001463

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP, S/CT, INL,
INL/AAE, DS/ATA, DS/IP/EAP, DS/ITA/EAP
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 SOLOMON
NCTC WASHDC
NSC FOR E.PHU

E.O. 12958: DECL: 07/31/2018
TAGS: PGOV PTER ASEC ID AS
SUBJECT: FACING EXECUTION, BALI BOMBERS TO LAUNCH
LAST-DITCH APPEAL

REF: A. JAKARTA 1458

B. JAKARTA 1415 AND PREVIOUS

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


1. (C) SUMMARY: Facing what seems to be certain execution,
the Bali bombers plan to launch a last-ditch appeal. The
appeal would be on constitutional grounds, to the effect that
execution by firing squad--which is the mandated mode in
Indonesia--is "torture" and thus prohibited. Most observers
think this latest effort will fail, but it could take time to
work through the system. If the appeal process is even
slightly drawn out, the execution timeframe could be pushed
beyond the fasting month of Ramadan--September this year. In
the meantime, the GOI is reportedly tightening security
around the prison that holds the bombers. END SUMMARY.

A LAST-DITCH APPEAL


2. (SBU) The Bali bombers are not throwing in the towel just
yet. Facing what appears to be certain execution after they
used up all appeals to the Indonesian Supreme Court, the Bali
bombers' plan to appeal to Indonesia's Constitutional Court.
(Note: Per Ref B, the Supreme Court recently turned down the
bombers' last formal "review." The unrepentant bombers were
convicted of killing over 200 people in the October 2002
attacks in Kuta, Bali.)


3. (SBU) The Constitutional Court, which operates in
parallel with the Supreme Court, reviews--as its name
implies--issues related to the country's constitution,
focusing on cases involving the rights of citizens versus the
government. According to the lawyers for the terrorists,
execution by firing squad--the Indonesian government's
mandated mode--is "torture" and thus unconstitutional. The
lawyers say that they plan to submit the appeal on such
grounds--and several other, less central matters--next week.

TAKING IT TO THE CONSTITUTIONAL COURT


4. (C) The whole effort to launch an appeal to the
Constitutional Court appears to be a long shot. In a July 31
conversation with Pol/C, Michael Bliss, the Australian
Embassy Pol/C, related that he had heard that the
Constitutional Court would move to reject the appeal "fairly
quickly." (Note: Australia follows the Bali bomber case
very closely due to the fact that many of the victims were
Australian nationals.) He went on to note, however, that the
review by the Constitutional Court might take one or two
weeks. There was also the slim possibility that the Court
could indeed find that the mode of execution was
unconstitutional, which no doubt would cause additional
delays.


5. (C) A GOI contact agrees with this perspective. In a
conversation with DepPol/C, Dharmawan Ronodipuro of the
Coordinating Ministry for Political, Legal and Social
Affairs, said the government was not wholly surprised by this
line of appeal. The bombers had previously expressed a
preference for beheading--which is considered more
Islamic--or death by lethal injection. It was possible that
the Court could move quickly to reject the appeal. At the

JAKARTA 00001463 002 OF 002


same time, there was a possibility that the Court could
examine the matter on its merits, which would take time, he
said.

TIGHTENING SECURITY


6. (SBU) According to press reports and Mission contacts,
the GOI is tightening security at the prison that holds the
bombers. The maximum security prison is on Nusa Kambangan,
an island located off of central Java. The warden of the
prison stated that the government was carefully reviewing the
security situation and was screening all visitors to the
area. He was quoted as stating: "We have asked every
officer to keep an eye on all visitors at Nusa Kambangan,
especially those linked with the Bali bombers. If we have
to, we will deny visitation permits to anyone other than the
families and lawyers of the inmates."

A POSSIBLE DELAY


7. (C) If the latest appeal is even slightly drawn out, the
execution timeframe could be pushed past the fasting month of
Ramadan--September this year--and into October, or even
beyond. (Note: Ramadan is a very holy month for Muslims and
the GOI almost certainly would not execute anyone during that
timeframe.) That said, it is still possible that the
executions could happen in August.


8. (C) In the meantime, it seems possible that if the latest
legal maneuver fails, the terrorists might finally try a
clemency request to the President's Office. Thus far,
however, they have reiterated that they have no plans to do
that (apparently because they do not want to be seen as
apologetic in any way for the mass killings they committed
and have freely bragged about). On the GOI's part, it
remains committed to pressing for justice, but the long, slow
legal process has to play out.


HUME