USG-SUPPORTED TASK FORCE PIONEERS NEW LAW

UNCLAS SECTION 01 OF 02 JAKARTA 000687 SIPDIS SENSITIVE SIPDIS DEPT FOR EAP, EAP/MTS, EAP/MLS, INL FOR BOULDIN/BUHLER DOJ/OPDAT FOR LEHMANN/ALEXANDRE DOJ FOR CRIM AAG SWARTZ, CCIPS FOR MERRIAM, AFML FOR SAMUEL NSC FOR EPHU E.O. 12958: N/A TAGS: PGOV PTER KJUS ID SUBJECT: USG-SUPPORTED TASK FORCE PIONEERS NEW LAW ENFORCEMENT MODEL REF: A. JAKARTA 244 ¶B. JAKARTA 228 ¶C. 07 JAKARTA 3312 ¶D. 07 JAKARTA 2797 ¶E. 07 JAKARTA 2101 JAKARTA 00000687 001.2 OF 002 ¶1. (U) This cable is Sensitive but Unclassified -- Please handle accordingly. ¶2. (U) SUMMARY: A year and a half after its founding, the USG-supported Attorney General's Task Force on Terrorism and Transnational Crime has evolved into a highly effective tool for prosecuting terrorists and other criminals. In the process, it has pioneered a new model for Indonesian law enforcement based on specialization by case type, inter-agency coordination and professionally-based advancement. Work still needs to be done to make the Task Force a permanent arm of the AGO, to clarify the position of its members, and to appoint a new Chief. END SUMMARY. AN ELITE GROUP ¶3. (SBU) Since its establishment in July 2006, the AGO Task Force on Terrorism and Transnational Crime has evolved into one of the GOI's premier law enforcement bodies. Originally conceived in a September 2005 Letter Of Agreement (LOA) between the AGO and Mission, the Task Force created an elite team of prosecutors who would specialize in cases involving terrorism, money laundering, trafficking in persons (TIP) and cyber crime. USG assistance--in the form of a $750,000 FY05 ESF grant-- provided the Task Force with renovated office space, computers and other equipment, and specialized training. The LOA was amended in 2007 to extend the length of the agreement, commit additional funds from INL and S/CT, and add Intellectual Property Rights to the Task Force's mandate (ref D). USG assistance is overseen jointly by Mission's DOJ/OPDAT representative and the Political Section. A RECORD OF SUCCESS ¶4. (SBU) In a recent meeting, Task Force members reviewed the group's progress over the first year and a half of operation. The Task Force's 22 prosecutors have already prosecuted more than 40 terrorists, winning convictions in every case (ref B, C, and E). They have also successfully handled 34 TIP and two money laundering cases. Their success has been noted by observers both within and outside Indonesia. The AGO is considering, again with USG support, the creation of a second task force designed along the same lines and devoted to handling corruption cases. Moreover, Task Force member Yusfidli Adyaksana told us that the UN Office on Drugs and Crime has asked the Task Force to produce a "Best Practices" pamphlet for distribution to similar groups in other countries. PIONEERING A NEW WAY ¶5. (U) Task Force members attribute their success in part to the fact that they are pioneering what for Indonesia is a new model for law enforcement. The new model contains three main elements: specialization by case type; coordination with police at the investigation stage; and providing professionally-based advancement. ¶6. (SBU) The Task Force's focus on particular types of cases is almost unique at the AGO, where the vast majority of prosecutors are expected to handle virtually every type of criminal case. As a result, most prosecutors do not develop crime-specific expertise. In addition, donors who want to provide specific training are forced to take a shotgun approach. The Task Force's narrow focus avoids both these problems. The result is a team which consists of specialists in each type of case, but in particular on terrorism and TIP, which is where most of the cases have focused until now. JAKARTA 00000687 002 OF 002 After the 2007 ALOA was signed, Mission began a concerted effort to provide IPR training to members of the Task Force in order to create a similar cadre of IPR specialists. The Task Force also generates quarterly reports listing the cases it handles by type of crime, another practice which is not standard at the AGO. ¶7. (SBU) The Task Force is also pioneering a new model of police/prosecutor coordination. Under the current Indonesian Criminal Procedure Code (CPC),there is a strict separation of roles between police, who handle investigations, and prosecutors, who handle prosecutions. (Note: A new draft CPC would, if enacted as written, alter this relationship considerably - see ref A.) The Task Force has operated differently from the beginning. Task Force members told us that they work very closely with Indonesian National Police officers on cases. This includes getting access to suspects early in the investigation and providing input to the investigation dossier prior to its completion. In addition, in contrast to common Indonesian practice, police officials remain involved in the case after the trial begins, making sure that witnesses are brought to court--from other provinces if necessary--and ensuring that sensitive types of evidence, including explosives and intelligence reports, are available to prosecutors during the trial. ¶8. (SBU) A final element in the Task Force model is professional-based advancement. The AGO is a highly bureaucratic organization in which hierarchy is respected and promotions are more a matter of seniority than performance. Moreover, prosecutors are notoriously underpaid, leading some to resort to unethical means to supplement their incomes. The Task Force, however, is seen as an exception: the prosecutors assigned to it are generally highly regarded by their peers, and participation on it is seen as career enhancing by other prosecutors. A number of mid-level prosecutors have been promoted since their appointment to the Task Force. In addition, the access to USG-funded training--and in particular, travel to the US--is seen as highly prestigious, according to Embassy contacts. STILL A WORK IN PROGRESS ¶9. (SBU) While the Task Force has been a major success story, more needs to be done. The Task Force is currently an ad-hoc group outside the AGO's permanent structure. As a result, the prosecutors assigned to it are on loan from other sections, and are often forced to divide their time between their two offices. It is vital that the Task Force be made into a standing body at the AGO. Deputy AG for General Crimes Abdul Hakim Ritonga told poloff in 2007 that the AGO had requested that the Task Force be transformed into a permanent Directorate. However, the plan remains in limbo at the State Secretary's office. ¶10. (SBU) The status of the Task Force's Chief is another issue facing the group. The original head, Thomson Siagian, was promoted in January and transferred outside of Jakarta. The AG recently named an acting Chief, Joko Subagyo. Subagyo, like Siagian, is respected by his peers but is not highly experienced in the types of cases handled by the Task Force. At a recent meeting with DOJ and poloff, Subagyo expressed interest in continuing to work closely with the Embassy. However, new initiatives--such as broadening training on IPR crimes--are likely to move slowly until a new permanent Chief is named. HUME