Ba'asyir transferred to Cipinang, formal charges expected in days
Abdul Khalik, The Jakarta Post/Jakarta
Investigators submitted the case file on cleric Abu Bakar Ba'asyir to prosecutors on Wednesday, paving the way for his trial on charges of involvement in a string of terrorist attacks across the country.
Police also handed over Ba'asyir, who is accused of planning the 2003 J.W. Marriott Hotel bombing in Jakarta and of leading the al-Qaeda linked Jamaah Islamiyah (JI), to prosecutors. He was later transferred to Cipinang Penitentiary in East Jakarta.
Ba'asyir had been detained at Salemba Prison in Jakarta since being arrested shortly after finishing an 18-month jail sentence for immigration offenses in late April.
"We will be ready to charge him in two or three days because the dossier is clear on the accusations. We hope to bring him to court within a week," Attorney General's Office spokesman Kemas Yahya Rahman said.
He said prosecutors would charge the suspect under articles 14, 15, 17 and 18 of Antiterrorism Law No. 15/2003 for planning, abetting and perpetrating terrorist attacks. If found guilty on the charges, Ba'asyir could face the death penalty.
"Evidence shows that he planned the Marriott bombing. He is also implicated in the discovery of explosives on Jl. Sri Rejeki in Semarang, Central Java, and several witnesses have testified that he was the leader of JI," said Kemas.
JI has been listed as a terrorist organization by the UN. It has been blamed for the Oct. 12, 2002, Bali bombings that killed 202 people, and the Aug. 5, 2003, Marriott bombing that killed 12 people.
Kemas said prosecutors would charge Ba'asyir under the Criminal Code for his alleged role in the 2002 Bali bombings, after the Constitutional Court ruled last month that the 2003 antiterrorism law could not be applied retroactively.
"We will use Article No. 187 of the Criminal Code on explosive materials to link the suspect with the Bali bombings," Kemas said.
He said prosecutors had built a strong case against Ba'asyir and that the prosecutor's office would prioritize his case.
Ba'asyir was first arrested in October 2002, shortly after the Bali bombings, and was tried last year. However, prosecutors failed to prove his involvement in terrorist activities.
Ba'asyir was found guilty of immigration offenses and document forgery, and was sentenced to 18 months in prison. He was rearrested on terrorism charges shortly after his release on April 30.
Meanwhile, Australia hailed Indonesia's decision to charge Ba'asyir under the tough antiterror law, even though he would not be directly tried for the Bali bombings.
Australian Foreign Minister Alexander Downer said his country just wanted to see Ba'asyir and those behind the Bali blasts jailed, and how that was achieved was a matter for the Indonesians.
"The issue for us is that Ba'asyir face justice for his alleged involvement in terrorism," he was quoted as saying by AFP.
"Ba'asyir is the spiritual leader of Jamaah Islamiyah, which was the organization responsible for the Bali bombing," Downer added.
Prime Minister John Howard said Australia was concerned that Idris, also known as Jhoni Hendrawan, escaped justice for the Bali attacks after the Constitutional Court revoked the Law No. 16/2003 on retroactive application of the antiterrotism law in the Bali bombings.
Howard said it was hoped that Idris could be charged with other offenses over the Bali attacks.
"Whether they can bring new charges against him, for example, of murder, it just remains to be seen," he said.