Court deems suspected terrorist's arrest 'proper'

M. Taufiqurrahman, The Jakarta Post, Jakarta

The South Jakarta District Court rejected on Tuesday a litigation filed by Rusman Gunawan, alias Gun Gun, the younger brother of top terror suspect Hambali, against the National Police for improper arrest.

The court ruled that the police could continue its investigation on Gun Gun, an Indonesian student who was allegedly involved in terrorist activities, as the force had followed proper procedure in compliance with the Criminal Code Procedures before detaining him.

"The arrest was legal, because the police issued a warrant prior to his arrest. Although the warrant reached the suspect a week after his arrest, we believe this was only a technicality and is irrelevant," presiding judge Rahmat Sobary read out the verdict.

The judge also ruled that the police had collected enough preliminary evidence on Gun Gun's terror activities prior to the arrest.

"The detention is legal as it was in accordance with Article 18 of the Criminal Code Procedures, and the police had collected enough evidence to support the arrest, including intelligence reports," Rahmat said.

Gun Gun's lawyer Ahmad Michdan will appeal the ruling.

"Any preliminary evidence had to be examined first by the court. Only after that can an arrest be made," he said.

Gun Gun's defense team had filed an objection with the court, saying that his arrest by the police antiterrorism squad had violated the Criminal Code Procedures.

Along with five other students -- Mohammad Syaifudin, Ilham Sofyandi, David Pintarto, Furqon Abdullah and Muhammad Anwar As- Shadaqqi -- Gun Gun was arrested last September in Karachi by Pakistan authorities on suspicion of involvement in terror activities. The Pakistan government turned the six over to Indonesian officials a week before the Dec. 17 state visit of President Megawati Soekarnoputri to the country, were repatriated and questioned under detention.

During the questioning, Gun Gun admitted that he had sent US$50,000 and telecommunications equipment to his brother Hambali.

Hambali, born Riduan Isamuddin, is believed to be the leader of the Southeast Asian terror network, Jamaah Islamiyah. He has been in U.S. custody at an undisclosed location since his arrest in Thailand last August.

If his alleged terrorist link is proven, Gun Gun could be charged with violating the Antiterrorism Law, which carries a minimum three-year sentence and a maximum sentence of death by firing squad.

The law also stipulates that an intelligence report can be accepted as preliminary evidence to warrant an arrest.