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.