Prosecutors postpone Ba'asyir's arrest

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law, under which Ba'asyir was sentenced, had been repealed on May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.