Experts say Bali bombing confession useless

Experts say Bali bombing confession useless

Moch. N. Kurniawan, The Jakarta Post, Jakarta

Two legal experts said on Tuesday that confessions by Bali
bombing suspects Amrozi and Imam Samudra, alias Abdul Aziz, could
not be used in a court of law because they made the confessions
without the benefit of legal counsel, as required by the Criminal
Code Procedures (KUHP).

Rudi Satrio of the University of Indonesia and Ahmad Ali of
Hasanuddin University in Makassar said that even the recently
introduced terrorist regulation in lieu of law stipulated that a
suspected terrorist had to be accompanied by a lawyer during
questioning.

"There is an article in the antiterrorism regulation that
points to the use of KUHP articles unless the regulation says
otherwise," Rudi told The Jakarta Post on Tuesday.

The KUHP requires a suspect be accompanied by a lawyer when
being questioned by the police.

Referring to Article 25 of the government regulation in lieu
of law, Rudi said: "The suspects are supposed to be accompanied
by their lawyers from the time they are arrested."

"Because the police didn't allow defense lawyers to accompany
the suspects, the statements Imam and Amrozi's made without the
benefit of counsel could be thrown out by judges, who could
demand the whole investigation be redone," he said.

According to Rudi, there are two exceptions to this
requirement provided in the antiterrorism ruling: one article
gives the police the authority to detain terror suspects for
seven days, and the other allows for a six-month detention period
for examination and prosecution.

"Under the KUHP, the arrest of a criminal suspect is only
effective for 24 hours and the detention period is 60 days," he
said.

Ahmad agreed with Rudi, saying defense lawyers could file a
pretrial motion to have the confessions thrown out by the court.

He also said the two suspects could file a report with the
National Commission on Human Rights (Komnas HAM) asking the
commission to issue a warning letter to the police.

"That's the best thing they can do," he said.

Mahendradata, a member of the Muslim Lawyers Team (TPM) that
will defend the two suspects, agreed with the two legal experts.

He said the TPM had filed a complaint with the police and
would send an official letter of protest to the court.

"We hope the court will throw out the confessions of our
clients, who were not accompanied by their defense lawyers when
making those confessions," he said.

He also said Amrozi and Samudra would be facing multiple
charges, including planning and ordering people to commit an act
of terror.

Article 9 of the government regulation in lieu of law on
terrorism stipulates that those who use weapons, ammunition or
explosives to commit an act of terror are eligible for the death
penalty.

And Article 14 states that people who plan or order others to
commit an act of terrorism are eligible for the death sentence.

Imam, believed to be the mastermind of the bombing in Bali
that killed over 190 people and injured over 300 others, was
arrested in Banten last week while attempting to board a ferry to
Palembang, Sumatra.

He is in the custody of the National Police in Jakarta, who
are investigating allegations the suspect was involved in a
series of bomb attacks on Christmas Eve in 2000.

Within days, he is expected to be brought to Bali for further
questioning.

Amrozi, who is suspected of purchasing materials used in the
bombs and the van used for the bombing, was detained earlier. He
is in the custody of the Bali Police.

Meanwhile, the government regulation in lieu of law on
terrorism, with its provisions allowing suspects to be detained
for up to six months for investigation, has drawn criticism from
a number of quarters, particularly human rights activists.

The activists are concerned the ruling could be used to
violate human rights, as it gives the police a great deal of
power in dealing with possible terrorists and terror attacks.

But supporters of the ruling say it has improved cooperation
with foreign intelligence bodies, helping local police trace
suspects using a combination of human intelligence and
technology.