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.