Lawyers want Ba'asyir freed after court ruling
Abdul Khalik, Jakarta
Lawyers representing Bali bombing and Jamaah Islamiyah (JI) suspect Abu Bakar Ba'asyir demanded on Wednesday their client's immediate release, as his detention had been based on Antiterrorism Law No. 15/2003 as applied under the now toothless Law No. 16/2003 on retroactivity.
Lawyer Mohammad Assegaff said following the Constitutional Court's ruling Law No. 16/2003 as unconstitutional and therefore invalid, the police had no grounds to continue to detain Ba'asyir.
The Muslim cleric was arrested anew for terrorism charges on April 30, the day he completed his 18-month sentence for document forgery and immigration offenses in a related case.
"The warrant for Ba'asyir clearly states that he is being charged under Law No. 15 and No. 16 specifically for his involvement in the Bali bombings. Therefore, we ask that the National Police chief release him immediately," said Assegaff.
Law No. 16 on retroactivity enables the police to charge suspects of the Oct. 12, 2002, Bali blast under the Antiterrorism Law, which remained a draft when the incident occurred. It was deliberated and enacted hastily following the terror attack in order to charge suspects of the Bali case.
Assegaff said the police were violating the law by keeping Ba'asyir in their custody.
"The police cannot make new charges without releasing our client," he added.
The police have continued to detain Ba'asyir, saying he was also suspected of involvement in other terrorism-linked crimes, in addition to being the leader of UN-listed terror network JI.
Another lawyer, Mahendradatta, recounted that the South Jakarta District Court had rejected his client's lawsuit on unlawful arrest against the police on the basis of charges for Ba'asyir's involvement in the Bali bombings.
"If the police say they are also charging our client with involvement in other bombings, then they lied to the court. We will file a judicial review with the Supreme Court and file a new lawsuit against the police for the detention," he said.
National Police chief of detectives Comr. Gen. Suyitno Landung Sudjono refuted the lawyers' argument, insisting that Ba'asyir was also implicated in other terror attacks across the country.
"We will continue to detain and investigate Ba'asyir using Law No. 15 because we are charging him of involvement in several other attacks, including the Marriott bombing. We will charge him under the Criminal Code for his role in Bali," Suyitno said.
He said Ba'asyir was implicated in all bombings allegedly perpetrated by the JI in his capacity as leader of the group.
The JI is blamed for the Bali blast that killed at least 202 people and the Aug. 5, 2003 attack on the JW Marriott Hotel in Jakarta, which claimed 12 lives.
"We have documents and witnesses to prove he is the JI leader. Many bombing suspects we arrested admitted they were JI members and provided us with incriminating evidence that Ba'asyir was involved in the attacks," said Suyitno.
He added that a document recording Ba'asyir's inauguration of JI members at the group's Hudaibiyah camp several years ago also proved the cleric's leadership.
Police named Ba'asyir a terrorist suspect on April 16 and charged him under articles 14, 15, 17 and 18 of Antiterrorism Law No. 15/2003 for planning, coercing, abetting and perpetrating terrorist attacks. He could face the death sentence if convicted.