COUNTERTERRORISM -- MORE JI CONVICTIONS; BALI

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000883

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, S/CT, INL FOR 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 EPHU

E.O. 12958: DECL: 05/05/2018
TAGS: PGOV KJUS PTER ID
SUBJECT: COUNTERTERRORISM -- MORE JI CONVICTIONS; BALI
BOMBERS TO APPEAL AGAIN

REF: A. JAKARTA 802


B. JAKARTA 645

C. JAKARTA 602 AND PREVIOUS

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


1. (C) SUMMARY: In the latest counterterrorism news, five
members of the terrorist group Jemaah Islamiya (JI) have been
convicted of terrorism and sentenced to prison. Also, the
three Bali bombers on death row continue to attempt to
postpone their execution date by pressing for another appeal
of their convictions. Finally, according to contacts, recent
judicial statements declaring JI "a banned organization" are
basically obiter dicta and without legal impact. It seems
unlikely that the GOI will formally move to ban group any
time soon. END SUMMARY.

FIVE MORE JI CONVICTED


2. (U) Five more JI members were convicted of terrorism in
separate trials in late April. Taufik Masduki, Aris Widodo
and Arif Syaifuddin were each sentenced to eight years in
prison, while Nur Afifudin and Aziz Mustafa got seven years.
All were convicted of aiding and abetting terrorists (per
Article 13 of the anti-terror law) by providing logistical
assistance to senior JI leaders Abu Dujana and Zarkasih in
moving money and weapons between Java, Central Sulawesi and
Mindanao, Philippines. (Note: A Jakarta court recently
convicted and sentenced Dujana and Zarkasih for their crimes
-- see ref A.) The five were arrested along with Dujana and
Zarkasih in a series of raids in June 2007.
BALI BOMBERS STILL TICKING


3. (SBU) Lawyers for three men on death row for their roles
in the 2002 Bali bombing are planning additional legal
maneuvers in order to delay their clients' executions. The
Indonesian daily Kompas reported that lawyers from the Muslim
Defense Team (TPM) had drafted yet a third request for
judicial review of the cases. In addition, press reports
indicate that prison authorities have given Bali bomber
Amrozi permission to hold a wedding ceremony in prison so
that he can remarry his ex-wife. Reports speculate that JI
spiritual leader and co-founder Abu Bakar Ba'asyir may
officiate at the ceremony.


4. (C) Amrozi bin Nurhasyim, Imam Samudra and Ali Gufron
alias "Muklas" were sentenced to death for carrying out the
October 2002 attack that killed 202 people. Their sentences
have been upheld three times on appeal. Moreover, the three
men recently withdrew their unusual second request for
judicial review when it became clear that the case was not
going their way (ref C). Deputy Supreme Court Justice Djoko
Sarwoko told us privately that Indonesian law did not allow
multiple requests for judicial review, but declined to say
whether the Court would make a public statement to that
effect.

REMARKS RE "BAN" LACK LEGAL IMPACT


5. (C) Two recent statements by panels of judges declaring
JI a "banned organization" will not impact law enforcement
operations against the group, Mission contacts agree. The
head of the GOI's Counterterrorism Coordinating Desk, Ansyaad
Mbai, told poloff that the statements advocating "banning" JI
would not lead to enhanced police powers but would, he hoped,
spur the GOI to re-examine the question of a formal ban (ref
B). Supreme Court Justice Moegihardjo (one name only)
agreed, calling the statement "a morale boost" for law
enforcement but one that lacked a more tangible impact.

JAKARTA 00000883 002 OF 002


Prosecutor Narendra Jatna said that the statement could be
useful in prosecuting future cases of terrorist conspiracy
but would not really serve to widen police powers.


6. (C) The statements were issued during the oral sentencing
of JI leaders Abu Dujana and Zarkasih in April (ref A).
According to Jatna--who worked on both cases--the language
banning JI was related to the charge of membership in a
terrorist organization (Article 17 of the anti-terror law).
Jatna said that the judges had issued the statements at the
request of prosecutors, who had argued for the ban--on Mbai's
recommendation--in their closing arguments.

NO SIGN THAT GOI WILL MOVE TOWARD A BAN


7. (C) Over all, the statements re the ban seem to be
basically obiter dicta and without legal impact as of this
time. It seems unlikely that the GOI will formally move to
ban the group any time soon. Despite Mbai's desire for a
formal GOI ban on JI, for example, the judges' statement has
yet to generate any noticeable support for further action.


8. (C) When commenting on the matter, GOI officials have
indicated that a formal ban will not be forthcoming.
Presidential spokesman Andi Mallarangeng told reporters that
the decision confirmed that the GOI's current CT strategy was
the correct one and did not require any additional action on
the part of the GOI. On April 30, VP Jusuf Kalla--voicing a
ludicrous argument heard repeatedly in Indonesia over the
past several years--told journalists that JI could not be
banned because it did not officially exist. Despite the lack
of a ban, Indonesia continues to take firm steps against JI
and its operatives, and polls show strong support for the
government's anti-terror efforts.

HUME