Prosecutors postpone Ba'asyir's arrest

The Jakarta Post Jakarta

Muslim cleric Abu Bakar Ba'asyir remains a free man for the present as the Attorney General's Office has postponed arresting him pending a review of the case by the Supreme Court, which sentenced him to nine years in jail for subversion in 1985.

Attorney General's Office spokesman Barman Zahir said on Thursday that the Sukohardjo Prosecutor's Office in Central Java had written to the Court regarding the fact that the subversion law, under which Ba'asyir was sentenced, had been repealed on May 15, 1999.

"The prosecutors were asking whether the verdict on Ba'asyir could still be executed," Barman told The Jakarta Post.

The Supreme Court overturned a lower court verdict in 1985 that had halved the nine-year sentence imposed on the Muslim hard-line figure by the Sukohardjo District Court in 1978.

Ba'asyir had already fled to Malaysia when the Supreme Court verdict was issued. The cleric, who returned home in 1999, claimed to have been informed of the verdict only this week.

Singapore and Malaysia have linked Ba'asyir to an international terrorist network.

While there has been no official statement as to why the Supreme Court only managed to notify Ba'asyir of the verdict after so much time had elapsed, former defense minister Juwono Sudarsono suspected government interference.

Juwono said on Thursday that this was the only recourse left to the government, which had been facing mounting pressure to deal more firmly with terrorism.

"I think it is also expedient to revive the old court case as that is the only concrete legal recourse that is on the cards. The more recent allegations (of Ba'asyir's involvement in terrorism) have not been backed by concrete evidence," Juwono said.

"There is the presence of the pressing international climate ... international pressure. But, this is the only way the government can get a fix on the issue ... to try to get him based on concrete legal evidence."

In response to the controversy, Nahdlatul Ulama (NU) chairman Hasyim Muzadi suggested the need for careful treatment of the case, which he said "is quite sensitive as it involves a Muslim cleric".

"The government, through the court, should explain the circumstances of the case to the Muslim community. Otherwise it will spark tension in certain parts of the Muslim community," Hasyim told a press conference here.

Indonesia has the largest Muslim population in the world. Prominent Muslim figures, including Hasyim, have played down the existence of radical groups in the country and dismissed their alleged links to international terrorist groups.

Separately, Minister of Justice and Human Rights Yusril Ihza Mahendra said there would always be the possibility of Ba'asyir receiving a pardon from the government.

Since the previous presidency of Abdurrachman Wahid, political prisoners who were convicted under the 1963 subversion law have mostly been granted pardons or amnesties, he said.

"The chance of Ba'asyir receiving a pardon is wide open," Yusril said after attending a Cabinet meeting on Thursday.

Ba'asyir's lawyers said on Wednesday that their client was considering, among other courses of action, seeking leave to challenge the Supreme Court verdict.

Yusril said, however, that the Supreme Court was the sole body with the power to decide whether the Ba'asyir verdict should be overturned, while the Ministry of Justice and Human Rights would only provide advice if asked.

"I will soon consult with the Supreme Court regarding this matter," he said.