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.