Ba'asyir transferred to Cipinang, formal charges expected in days
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.