Prosecutors review Ba'asyir case file
Abdul Khalik, The Jakarta Post/Jakarta
State prosecutors are reviewing the case file of terror suspect Abu Bakar Ba'asyir for any flaws that could hamper them from trying the Muslim cleric for his alleged role in last year's JW Marriott Hotel bombing here.
Spokesman of the Attorney General's Office (AGO) Kemas Yahya Rahman said on Wednesday it would take the prosecutors a few days to decide whether the case file was adequate to take Ba'asyir to court.
"We signed the case file before the Constitutional Court annulled the retroactivity of Law No. 15/2003 (on terrorism)... I believe there will be no more problems, because the police have made several adjustments accordingly," said Kemas.
The Constitutional Court ruled last month that Law No. 16/2003, which regulates the retroactive use of Antiterrorism Law No. 15/2003 against suspected Bali bombers, was unconstitutional. The ruling forced the National Police to assemble more evidence, question more witnesses and change the charges leveled against Ba'asyir.
The 65-year-old cleric had previously been accused of responsibility for the bombings of two nightclubs in the tourist area of Kuta, Bali, on Oct. 12, 2002, which left at least 202 people dead.
Police said Ba'asyir was the alleged mastermind of the Aug. 5, 2003, Marriott Hotel attack, which claimed 12 lives, although he was detained a few weeks after the Bali blasts.
Ba'asyir could face the death sentence if convicted.
The South Jakarta District Court has convicted 12 suspects in the Marriott case with sentences of between three to seven years. Another suspect, Johny Hendrawan, alias Idris, is standing trial for his alleged role in the attack.
None of the suspects have testified to Ba'asyir's role in the bombing.
Police are still hunting down Malaysian nationals Azahari Husin and Noordin Mohammad Top, the key suspects in the case.
Ba'asyir was tried last year on terror charges, but the prosecution lacked hard evidence and the court subsequently found him guilty of only immigration offenses and forgery. After an appeal to the Supreme Court, Ba'asyir was given an 18-month imprisonment, most of which had been served in detention during the court process.
National Police chief of detectives Comr. Gen. Suyitno Landung Sudjono said the cleric had helped plan the hotel bombing in his capacity as the leader of regional terror network Jamaah Islamiyah (JI). Suyitno said Ba'asyir could have planned the attack before his arrest in connection with the Bali attacks.
The JI is a UN-listed terrorist organization blamed for the Bali and Marriott bombings, and is believed to have ties with Osama bin-Laden's al-Qaeda group.
Police have connected Ba'asyir to the JI through a document that allegedly showed he had inducted many recruits to the terror group a few years ago at Hudaibiyah camp in the southern Philippines.
The police found a separate document during a raid last year on a house on Jl. Sri Rejeki, Semarang, that identified Ba'asyir as JI leader.
Ba'asyir was taken back into custody in April, almost immediately after he had completed his term for immigration offenses, triggering a clash between supporters and the police that left more than 100 people injured.