ANTARA, 06/28/07 00:43
Ba`asyir to take legal action against anti-terror detachment
Jakarta (ANTARA News) - Muslim cleric Abu Bakar Ba`asyir is to file a request with
the South Jakarta District Court for the disbandment of the Police`s anti-terror Special
Detachment 88, his lawyer said.
"We will flle the request on Wednesday (June 27). We demand that the National
Police Chief dissolve the Special Detachment 88," Munarman, Ba`asyir`s lawyer, said
He said the detachment had to be liquidated because it had violated the law, namely
Article 28 of the Constitution and Law No 5 of 1998 against torture.
Article 28 of the 1945 Constitution guaranteed every citizen`s freedom from physical
or mental torture under whatever circumstances. "But we know that all people
suspected of terrorism are treated inhumanely, made to undergo legal cruelties and
are exposed to physical and mental coercion," he said.
Another reason for the demand to dissolve the detachment was that it had acted
discrimatively in that its actions had only targeted Muslims.
The detachment had also committed gross human right violations because its actions
fitted the three criteria set for such abuses in Law No 26/2000.
The first criterion which says the actions must be systematic and planned was met
because the detachment`s operations were carried out according to certain plans. "Its
operations accorded with US designs. The detachment already had lists of names
and targets," he said.
The second criterion which presupposes the practice of torture was also fulfilled
because terror suspects were tortured and this was done in all areas where the
detachment operated, including in Poso (Central Sulawesi) and Jakarta.
The detachment`s actions were taken against civilians and thereby had met the third
criterion of gross human right violations, Munarman said.
In the period 2001-2007, a total of nearly 500 people -- comprising those who were
and were not formally charged -- were victimized by the detachment`s actions, he
The lawyer also said the United States had provided US$16 million to finance the
detachment`s operations and US$12 million for its formation in 2002.
In 2001, the Natonal Police had received US$10 million while in 2007 the US had
made about US$93 billion available for anti-terror activities throghout the world. In 2008
the US would spend US$141 bilion for the purpose.
Munarman made the statements in the presence of Abu Bakar Ba`asyir, who is
chairman of the Indonesian Mujahedeen Council and head of the Al-Ngruki Islamic
Boarding School in Solo, Central Java. Also present were members of the Muslim
Legal Defenders` Team and a representaive of the Islamic Community Forum. (*)
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