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Ba'asyir charged with terrorism

| Source: JP

Ba'asyir charged with terrorism

Abdul Khalik, The Jakarta Post, Jakarta

After many delays, state prosecutors finally submitted the file
on Abu Bakar Ba'asyir to the South Jakarta District Court on
Friday, charging him with masterminding the Bali bombings and the
JW Marriott Hotel attack.

Prosecutor Andi Herman said Ba'asyir, believed to be the
spiritual leader of regional terrorist network Jamaah Islamiyah
(JI), was being charged under Law No. 15/2003 on terrorism for
the hotel attack and a number of articles of the Criminal Code,
including Article 187, for the Bali bombing.

Ba'asyir could face a firing squad if found guilty, or could
be sentenced to life if found guilty under the relevant articles
of the Criminal Code.

"We filed a 65-page formal indictment against Ba'asyir with
the South Jakarta District Court at around 2 p.m. today. We have
charged him under two laws. We expect he can be brought to trial
within the next two weeks," Andi told The Jakarta Post.

Ba'asyir has denied all the charges.

Prosecutors had planned to charge Ba'asyir with the Bali 2002
attacks using the Antiterrorism Law, but changed their minds
after the Constitutional Court ruled that Law No. 16/2003, which
allowed the retroactive application of law no. 15, was
unconstitutional. The laws, endorsed in January, preceded the
August 2003 Marriott bombings.

On Friday in Sydney Agence France Presse reported that
Australian Foreign Minister Alexander Downer said the charges
showed Indonesia's determination to pursue JI. "The government
welcomes the charges against Abu Bakar Ba'asyir," Downer said.
"This is a demonstration of Indonesia's commitment to the
prosecution of those responsible for the Bali bombings."

The JI is a UN-listed terrorist organization blamed for the
Oct. 12, 2002, Bali bombings that killed 202 people including 88
Australians, and the Aug. 5, 2003, JW Marriott Hotel attack in
Jakarta. Police have also linked JI with the recent bombing
outside the Australian Embassy, which claimed 10 lives.

The prosecutors had planned to submit the case file in the
fourth week of September, but later rescheduled this to the first
week of October for unclear reasons. This deadline was also
allowed to pass.

Andi said Ba'asyir, 66, was being charged under articles 14,
15, 17 and 18 of the Antiterrorism Law (No. 15/2003) for
planning, organizing, abetting and perpetrating the Aug. 5, 2003,
terrorist attack on the Marriott, which killed 12 people and
injured more than 80 others.

He said there was evidence that Ba'asyir had planned the
Marriott attack. He also accused the cleric of illegal possession
of explosives found at a house on Jl. Sri Rejeki, Semarang,
Central Java, in 2003.

Police confiscated a huge quantity of explosives and arms at
the house, as well as documents stating that Ba'asyir was the
leader of JI, during a raid last year.

Police said earlier that Ba'asyir was responsible for a series
of terrorist attacks in Indonesia between 1999 and 2003.

Andi said the prosecutors were also using a number of articles
in the Criminal Code, including Article 187, to charge Ba'asyir
with involvement in the Bali bombings.

He was tried last year but the court ruled that the
prosecution had failed to prove his involvement in terrorist
activities. However, he was sentenced to 18 months in prison for
immigration offenses and document forgery.

He was rearrested shortly after his release in April 30 this
year. This triggered violent clashes between his supporters and
the police that left more than 100 people injured.

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