Bombers' lawyers hail ruling on Antiterrorism Law
Bombers' lawyers hail ruling on Antiterrorism Law
The Jakarta Post, Jakarta/Denpasar
Lawyers representing Bali bombing convicts welcomed on Friday the
Constitutional Court's ruling in a separate appellate case that
the law under which their clients were charged was not
constitutional.
Wirawan Adnan, speaking on behalf of the bombers' lawyers,
said they would use the verdict as new evidence to request a
judicial review.
"We will file for a judicial review for our clients, including
Amrozi, this month, because we are afraid that their death
sentence will be carried out soon," he said.
The Constitutional Court ruled on Friday that Law No. 16/2003,
which states that suspects implicated in the Bali bombings may be
charged under Antiterrorism Law No. 15/2003, was unconstitutional
and therefore not binding.
Under Law No. 16/2003, 33 people were charged with involvement
in the Oct. 12, 2002 Bali bombings, which killed at least 202
people and injured over 300 others, mostly foreign tourists.
Three suspects -- Amrozi, Imam Samudra and Alu Gufron, alias
Muklas -- were sentenced to death, while four others -- Ali
Imron, Sarjio, Suranto Abdul Goni and Utomo Pamungkas, alias
Idris -- were given life. The remainder received jail sentences
of between three to 16 years.
Wirawan said authorities could no longer charge his client,
cleric Abu Bakar Ba'asyir, under Law No. 16/2003, so he should be
released from detention.
Ba'asyir was declared a terrorist suspect on April 16 and
charged with Articles 14, 15, 17 and 18 of Law No. 16/2003 for
planning, coercing, abetting and perpetrating terrorist attacks.
He could face the death sentence if convicted.
National Police chief Gen. Da'i Bachtiar conceded on Friday
the decision would affect ongoing investigation into Ba'asyir's
terrorist activities, but stressed police would abide by the
verdict.
"However, we will study the ruling first to determine what we
are going to do, as we have not received a copy yet," said Da'i.
National Police chief of detectives Comr. Gen. Suyitno Landung
Sudjono said earlier that, as the spiritual leader of regional
terror group Jamaah Isalmiyah (JI), Ba'asyir was responsible for
a spate of bombings in the country between 1999 and 2002.
JI is a UN-listed terrorist organization blamed for the Bali
bombings and the Aug. 5, 2003 JW Marriott Hotel blast in Jakarta.
Police have detained five new suspects in connection with the
Bali attacks, who were arrested in Sukaharjo regency, Surakarta
municipality, Central Java.
A University of Indonesia expert, Harkristuti Harkrisnowo,
said if all terror suspects accused of involvement in the Bali
blasts were charged under Law No. 16/2003, then they must all be
released immediately, as police could not detain them for months
-- as is stipulated in the Antiterrorism Law.
"The police should use the Criminal Code and other laws to
charge these suspect instead ... I believe the ruling will create
legal obstacles in processing Ba'asyir and other suspects," he
said.
Four students deported from Pakistan -- one of whom is a
brother of regional terror leader Hambali, believed to be linked
to Osama bin-Laden -- are now being tried for their alleged
involvement in the Bali bombings.
Attorney General's Office spokesman Kemas Yahya Rahman said he
could not comment on what would happen to the trial of the four.
"We will examine the implications of the verdict first and we
will let you know soon. As far as I know, they are being charged
with involvement in other bombings aside from Bali," he said.