High Court overturns Ba'asyir treason conviction, cuts jail term

High Court overturns Ba'asyir treason conviction, cuts jail term

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Jakarta High Court has cleared Islamic cleric Abu Bakar
Ba'asyir of treason charges and reduced his jail sentence from
four years to three for immigration offenses and document
forgery, says Central Jakarta Prosecutor Office Head Salman
Maryadi.

"We have received the copy of the High Court's verdict today.
It was dated Nov. 10. It says that the charge of treason against
him was not proven," Salman explained on Monday.

Ba'asyir, 64, was brought to court on four main charges -- a
plan to overthrow the government, plotting to kill President
Megawati Soekarnoputri when she was vice president, immigration
violations and document forgery.

He was found guilty of treason by the lower court for his
alleged leadership of regional terrorist network Jamaah Islamiyah
(JI), blamed for a string of terrorist attacks in the country,
including the deadly Bali bombings on Oct. 12, 2002 and the JW
Marriot attacks in Jakarta on Aug. 5, 2003. At least 202 people
were killed in the Bali bombings and another 12 in the Marriot
terrorist attack.

The Central Jakarta District Court, however, cleared Ba'asyir
of the primary treason charge -- heading JI in its alleged plan
to topple the government -- which is punishable by death, arguing
that prosecutors failed to prove that Ba'asyir was the leader of
JI. The judges also threw out the charge of plotting to kill
Megawati.

The judges, however, declared Ba'asyir guilty of having "a
role" in an alleged plot by JI to oust the government,
immigration violations, and document forgery and sentenced him to
four years in jail.

The Jakarta High Court's decision means that Ba'asyir is in
now only guilty of immigration violations and document forgery.
Violation of the Immigration Law carries a maximum sentence of
five years.

Ba'asyir's lawyer Achmad Michdan, meanwhile, said on Monday
that he would appeal to the Supreme Court to have all the
convictions against his client overturned.

Ba'asyir's trial, which began in April, was seen as a test of
the government's resolve to crack down on religious extremism.

However, the relatively lenient sentence resulted in a
backlash from foreign countries, particularly the United States
and its allies, which had been hoping for a harsh sentence for
Ba'asyir, as a message to religious extremists here.

Salman lashed out at the High Court for delivering the copy of
its verdict 20 days after it was made, saying that it was against
the regulations.

Under existing regulations, the copy of a verdict must be
delivered to the prosecutors' office and the defendant within
seven days after it is done.

The verdict was signed by a panel of judges who reviewed the
appeal, consisting of Judges Hasan Basrie Passe, Basuki, and
Karsono.

"Prosecutor Firdaus (Dewilmar) has appealed the case to the
Supreme Court for the treason charge and immigration offense,"
Salman added.