Lawyers want Ba'asyir freed after court ruling

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.