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.