Police chief says Ba'asyir has lost RI citizenship

Police chief says Ba'asyir has lost RI citizenship

Damar Harsanto and Sri Wahyuni, The Jakarta Post, Jakarta

Amid public doubts over the legal grounds for Abu Bakar
Ba'asyir's detention, the police revealed on Tuesday that the
Muslim cleric was technically stateless as he had failed to
report to the Indonesian embassy in Kuala Lumpur during his self-
imposed exile in Malaysia from 1985 through 1999.

National Police chief Gen. Da'i Bachtiar told the House of
Representatives' Commission II on Tuesday that an extant law
stipulates that a person can lose his or her citizenship if while
residing overseas the person concerned fails to report to an
Indonesian mission in the country of his or her residence.

"Ba'asyir has lost his (Indonesian) citizenship as he never
reported his presence to the Indonesian embassy while he was in
Malaysia," Da'i said.

Da'i was referring to article 17(k) of Law No. 62 of 1958 on
citizenship, which requires an individual living overseas for
five consecutive years or more to report to an Indonesian mission
in his or her country of residence. A failure to do so results in
the automatic forfeiture of Indonesian citizenship. This
regulation does not apply to those who are on government
appointment or a state mission.

Da'i's statement came as the police's legal defense told the
South Jakarta District Court during the hearing of a lawsuit
filed by Ba'asyir that the police had sufficient legal grounds to
detain the Muslim cleric. The hearing will resume on Wednesday to
listen to closing arguments by Ba'asyir's lawyers.

Ba'asyir is currently in police detention for his alleged role
in a string of church bombings in December 2000, conspiracy to
kill President Megawati Soekarnoputri, and violation of
immigration laws.

It is yet to be determined how Ba'syir's stateless status will
affect his legal standing.

Da'i brushed aside suggestions that his statement on
Ba'asyir's citizenship status was designed to justify the
latter's detention.

"We are also focusing on other legal actions against Ba'asyir
for different offenses," he said.

Da'i stressed that the police had other witnesses and evidence
in addition to Omar al-Faruq and the suspects being detained by
the Singaporean and Malaysian authorities.

"We have Indonesian witnesses besides those in Singapore and
Malaysia. But, we can't reveal their names for security reasons,"
said Da'i.

Meanwhile, Ba'asyir's lawyer, M. Mahendradatta, said Tuesday
that the police would have to prove that Ba'asyir actually stayed
in Malaysia for more than five consecutive years.

"We don't know for sure that he (Ba'asyir) never returned home
during that prolonged period of time, do we? The police will have
to be able to prove it. Otherwise, they (the police) will show
themselves up as legal ignoramuses," he told The Jakarta Post.

Another of Ba'asyir's lawyers, Achmad Khalid, slammed the
police claim as irrational.

"It doesn't make sense as Ba'asyir still has the ID card he
obtained in Ngruki (Surakarta). That means that he is recognized
as an Indonesian, doesn't it?" Achmad said.

Separately, Minister of Justice and Human Rights Yusril Ihza
Mahendra said Ba'asyir's demands were "uncommon" and not in line
with the Criminal Procedures Code (KUHAP).

"It is uncommon (in our legal system) for a suspect to set
such conditions prior to police investigation," said Yusril.

Ba'asyir has demanded that the police apologize to
Muhammadiyah and the Muhammadiyah Hospital in Surakarta, bring
Omar al-Faruq to Indonesia, and release him from detention before
he responds to police questioning.