Legal experts decry arrest of al-Qaeda suspect al-Faruq

Legal experts decry arrest of al-Qaeda suspect al-Faruq

Muninggar Sri Saraswati and Tiarma Siboro, The Jakarta Post, Jakarta

Legal experts have raised objections to the arrest and
deportation of an al-Qaeda suspect by means of an intelligence
operation, saying such operations are prone to rights abuses.

"The war against terrorism is a must, but human rights should
not be put aside in an attempt to meet that goal. Even suspected
terrorists here deserve legal protection other citizens get,"
noted lawyer Todung Mulya Lubis told The Jakarta Post on
Thursday.

Todung was commenting on the arrest and deportation of
of Omar al-Faruq, reportedly a Kuwaiti citizen and believed to be
a mid-level operative of the al-Qaeda terrorist network.

Coordinating Minister for Political and Security Affairs
Susilo Bambang Yudhoyono has admitted there was an intelligence
operation to arrest and deport al-Faruq in June to United States
authorities. He is currently said to be at a U.S. military base
in Afghanistan, although a military source said he may be at the
U.S. base in Guantanamo Bay, Cuba.

Al-Faruq, who is married to an Indonesian woman, reportedly
planned to murder Megawati, which has many asking, therefore, why
he was deported if he had planned to commit crimes here.

Sources said al-Faruq's arrest was made possible through an
international agreement among intelligence officers from several
countries, including Indonesia.

Todung said the agreement was a set back for human rights, as
it encouraged unequal treatment of people, because "it fails to
grant a suspected terrorist with the presumption of innocence."

Hikmahanto Juwono, a senior lecturer of the University of
Indonesia, meanwhile said that stern measures against terrorists
that entailed a violation of a country's borders and sovereignty
were not acceptable in the fight against terrorism, which does
not come under the Rome Statute.

"Based on the Rome Statute, international crimes are
classified into four categories: crimes against humanity,
genocide, war crimes and gross human rights violations. Which one
is terrorism?" Hikmahanto asked.

There has been confusion regarding his nationality, but a
military source claimed that al-Faruq was from the eastern
Indonesian city of Ambon and "has never had a Kuwaiti passport."

"Even if al-Faruq was a foreigner, law enforcers must
guarantee his rights during the arrest or questioning. Law
enforcers are also banned from arresting anyone without notifying
his family or friends," Hikmahanto said, adding that "there are
no international conventions allowing any moves against human
rights, even against a suspected terrorist."

In addition to the al-Faruq arrest, Indonesian security
officers have also been holding a German citizen of Arab descent
since Tuesday night. He was identified as Seyam Reda, who
obtained his passport at a consulate in Saudi Arabia and was
arrested at his residence in Pasar Minggu, South Jakarta,
according to the police.

Indonesia does not have a law on terrorism due to opposition
from rights activists, who once foiled a government attempt to
submit an antiterror bill to the House of Representatives.

Nevertheless, Indonesian authorities will likely continue
cooperation with intelligence officers in Middle East countries,
including Jordan, Syria, Egypt and Kuwait, to arrest and deport
suspected terrorists operating in their territories.