RI defends Ba'asyir verdict

The Jakarta Post, Jakarta

Playing down international criticism, the Indonesian government claimed on Wednesday that the four-year jail sentence handed down to cleric Abu Bakar Ba'asyir manifested the country's commitment to combating terrorism.

"Some parties may be disappointed with the verdict, which was more lenient than had been expected, but he has now actually been punished," Indonesian Minister of Foreign Affairs Hassan Wirayuda told reporters.

Hassan asserted that the verdict should be perceived by the international community as a sign that the Indonesian government was making serious efforts to fight terrorism.

"We have the courage (to bring people to trial) and we have shown that we are really battling terrorism," he said, adding that the prosecutors' failure to prove that Ba'asyir headed the Jamaah Islamiyah (JI) terror group was not the real issue.

"JI or not, if anyone or any group is involved in terrorism, we will take action against them and take them to court," he said.

Referring to the arrest of dozens of people allegedly involved in terrorism since the Bali blasts last year, Hassan said Indonesia, unlike other countries, did not arrest terror suspects without bringing them to trial.

In the Bali bombing trials, the court had sentenced a defendant to death, while the prosecution had demanded death for another two suspects.

The Central Jakarta District Court sentenced Ba'asyir on Tuesday for his involvement in a plot to overthrow the government. The judges said, however, there was insufficient evidence to prove that the cleric headed JI, which has been blamed for a series of terror attacks in the country over the past few years.

The sentence was much less than the prosecution's request for 15 years.

Foreign reaction was mixed to the verdict, with Australia, which lost 88 citizens in the Oct. 12, 2002, Bali bombings, expressing concern, calling the verdict "too lenient".

But Hassan asked the Australian government not to be disappointed with the verdict as the prosecution could still appeal the sentence.

"The verdict is not final, so it is too early to say that the verdict is too lenient," said Hassan.

Separately, the Attorney General's Office (AGO) said it would need a week to decide whether it would appeal the verdict.

Shortly after the judges delivered their verdict, Ba'asyir sought leave to appeal his four-year jail sentence.

Vice President Hamzah Haz expressed a firmer stance against those criticizing the verdict, warning foreign countries not to meddle in Indonesia's internal affairs.

"Foreign countries should not pronounce negative comments on the decisions of our courts. They must respect Indonesian law," Hamzah said as quoted by Antara news agency on the sidelines of a visit to the Central Java town of Brebes.

Meanwhile, Muslim scholar Azyumardi Azra said the verdict sent the police a message that they needed to improve their professionalism if they wanted to prove that Ba'asyir was the JI leader and was involved in the acts of terrorism that had been plaguing the country.

Despite allegations that Ba'asyir was the JI leader, the National Police said on Wednesday they would not seek new evidence to prove the accusations, citing the prohibition on double jeopardy, which provides that a person may not be brought to trial on the same charges twice.

Sr. Comr. Zainuri Lubis, the National Police's deputy spokesman, said it was up to the prosecutors to appeal or seek new evidence against Ba'asyir.

Meanwhile, well-known Indonesianist Jeffrey Winters, a professor at Northwestern University in the United States, said the contrast between the Bali prosecution and Ba'asyir prosecution highlighted the shortcomings of Indonesia's legal system.