The Ba'asyir verdict<\/p>\n
As could have been expected, given the amount of strain and
\npressure that preceded it, the verdict that was read out on
\nTuesday at the Central Jakarta District Court did not please
\neveryone -- or, to be more precise, it probably pleased no one.
\nNevertheless, in its own way, the lengthy text that was capped by
\nthe controversial decision can be regarded as having some merits
\nof its own in the fight against international terrorism.<\/p>\n
As has been widely reported both here and abroad, in a
\nnutshell, the verdict acquitted Muslim cleric Abu Bakar Ba'asyir
\nof charges that he had led and organized Jamaah Islamiyah (JI) --
\nthat shadowy group classified as a \"terrorist organization\" by
\nthe UN -- in an attempt to overthrow the government through a
\nseries of bomb attacks in Indonesia, and that he had plotted to
\nassassinate Megawati Soekarnoputri when she was still vice
\npresident.<\/p>\n
However, the panel of five judges pronounced him guilty of
\naiding and abetting treason by supporting JI's aim of
\nestablishing an Islamic state in Indonesia. The judges also found
\nhim guilty of minor immigration violations and sentenced the
\nfrail and aging cleric to four years in prison. Unlike the same
\ncourt's ruling against House of Representatives Speaker Akbar
\nTandjung -- who was pronounced guilty and sentenced to three
\nyears in prison, but is free pending appeal -- Ba'asyir's
\nsentence was effective immediately.<\/p>\n
Ba'asyir immediately declared that he would appeal the
\nverdict, while the prosecution said it was considering an appeal
\n-- it had asked for a 15-year sentence.<\/p>\n
It is not surprising that various parties have since expressed
\ntheir disappointment at the verdict -- all for different reasons.
\nSome observers opined that the sentence was too lenient; others
\nsaw it as having been politically engineered, nothing more than a
\ngroundless decision.<\/p>\n
If the prosecution could have proved beyond any reasonable
\ndoubt that Abu Bakar Ba'asyir was indeed the leader of JI and
\nthat JI was responsible for the Bali bombings on Oct. 12, 2002
\nthat killed 202 people, for the JW Marriott Hotel attack on Aug.
\n5, and the spate of church bombings on Christmas Eve 2000, then
\nindeed the sentence is too lenient.<\/p>\n
However, the fact remains that the police failed to prepare
\nand present convincing evidence and credible witnesses, and
\nconsequently, the prosecution was unable to build a strong case
\nout of the evidence it had, resting its case largely on the
\ntelevised testimony of JI suspects detained in Malaysia and
\nSingapore.<\/p>\n
Two key witnesses, Omar al-Faruq, allegedly a senior al-Qaeda
\noperative, and Hambali, allegedly the key link between JI and al-
\nQaeda, were not available to testify for the prosecution, as both
\nare currently in U.S. custody and are being held at unspecified
\nlocations.<\/p>\n
The question now is, is this a setback for Indonesia's fight
\nagainst terrorism? Contrary to international perception,
\napparently it is not. After the Bali bombings last year,
\nIndonesia has made some actual progress, transparent enough for
\nthe whole world to see.<\/p>\n
With its poorly equipped personnel, limited capacity and not-
\nso-professional force, the Indonesian police have arrested many
\nsuspects in a relatively short period of time. Many of these
\nsuspects have been brought to court, either as defendants or as
\nwitnesses. Some have been convicted, whether convincingly or
\notherwise.<\/p>\n
We have yet to see similar progress in the wake of the Sept.
\n11, 2001 terrorist attacks in the U.S. nearly two years ago.
\nDespite its mighty superpower resources, and after having invaded
\ntwo countries -- Afghanistan and Iraq -- presumably to find those
\nwho were responsible for the attacks, the U.S. has yet to detain
\nand take to court those who are responsible.<\/p>\n
Considering the weaknesses of the Indonesian judiciary, its
\nhighly politicized system and notoriously corrupt officials,
\nTuesday's verdict can serve as a strong sign that Indonesia will
\nnot tolerate terrorism by radical groups in this country.<\/p>\n
This nascent democracy does not need any backlash from the
\nU.S. and its allies. What it does need is honest global
\ncooperation in its war against terror.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/the-baasyir-verdict-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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