Prosecuting the terrorists

Prosecuting the terrorists

While the police must be commended for making significant
progress during their investigation of the deadly Oct. 12 bomb
attacks in Bali, they still have some way to go yet and it may be
premature to lavish them with praise.

The multinational investigating police have made several
arrests, including three men they believe to be the main suspects
and some of their auxiliaries. Based on the confessions of two
main suspects, police seem to have figured out how the bombing
was planned and executed. They also have the names of other
people who may have been involved in the plot, and the venues of
where the plans were being discussed.

The head of the investigating team, Insp. Gen. I Made Mangku
Pastika, announced early this week that his team had started
preparing the dossiers for the three key suspects: Amrozi, Imam
Samudra (whose real name is Abdul Azis), and possibly Mukhlas
alias Ali Gufron. The police would begin the process of
consultation with the Attorney General's Office this week in
building the legal prosecution against the suspects.

With prosecution imminent, the Government Regulation on Anti-
terrorism (in Lieu of Law) or Perpu, enacted a week after the
Oct. 12 bombing to empower law enforcement agencies dealing with
terrorism, will face its next test soon.

Arresting the suspects is only half of the story in seeking to
uphold justice for the barbaric act of terror. The other half
will be to prosecute them in a court of law and to ensure that
their punishment fits the crime. The Perpu provides a maximum
penalty of death for terrorists.

But as much as we would like to see those responsible brought
before a court and punished accordingly, there is still a nagging
feeling that somehow the police have not been able to build a
solid case against any of the three main suspects.

Put simply, the police seem to have a very weak case against
any of the three suspects.

For one, the cases rely chiefly on the confessions of the
suspects rather than on any solid evidence, including material
facts or witnesses who could corroborate their story. From what
little we have learned about the police investigation, the only
solid evidence they have is the wreckage of a van, which was used
to plant the bomb outside the Sari club in Bali's Legian beach
resort. Identification of the van eventually led to Amrozi, the
last registered owner.

But the police have yet to determine the precise type of
explosives, including detonators, used in either of the three
bombs that exploded on the night of Oct. 12. Apparently, among
the investigators, there are still differences on what explosives
were used. And they still could not pinpoint who planted which
bomb.

Since no witnesses are in a position to physically recall
seeing any of the three suspects planting the explosives, the
police evidence is therefore circumstantial. The incriminating
confessions made by the suspects may have been given voluntarily,
but there is still a question mark over whether these will stand
up in court, especially given that they were made without the
presence of their lawyers. There is also the possibility that the
suspects could retract their signed testimonies in court.

The police case against the three key suspects has yet to
provide us with a clear, satisfactory picture that these three
indeed were the main and only suspects. There are still so many
gaps in their stories and many questions left unanswered.

One of the main questions that begs an answer is the real
brains behind the attack and the real motive for carrying out
such a heinous act.

Admittedly, time is running out and the public, both
domestically and internationally, would like to see the real
perpetrators of the Bali bombing prosecuted and punished as soon
as possible. Police also have a deadline to beat before they have
to either release the suspects, or prosecute them in court.

It is our sincere hope that the police will be able to build
airtight cases against the suspects, while leaving open the
possibility that there are still others involved in the plot,
possibly playing an even more important role.

Most of all, given that the cases against Amrozi, Imam Samudra
and Mukhlas will be the first time that the Perpu is tested in a
court of law, the police and the government prosecutors must make
sure that they succeed. Failure, or botching the jobs in court,
would destroy not only the credibility of our law enforcement
agencies, but also the credibility of the government's entire
campaign against terrorism.