ABC AUSTRALIA, 10/01/2007 8:13:19 PM
INDONESIA: Bali bombers prepare final appeal
Three Indonesian men, convicted of the 2002 Bali bombings, are preparing to make
their final appeal against the death penalty on Thursday. Amrozi, Ali Ghufron, and
Imam Samudra were charged under anti-terrorism laws that were introduced after the
bombings, which killed 202 people. But their lawyers say the trial in 2003 was
unconstitutional because laws in Indonesia cannot be applied retrospectively.
Presenter/Interviewer: Zulfikar Abbany
Speakers: Wirawan Adnan, a lawyer for three convicted 2002 Bali bombers
ADNAN: Yes, I believe that would be the situation. I'm saying that we're convinced, we
believe that we can succeed the appeal, but under the circumstances we feel that if
we're being over ruled, it is because of the international pressure, it's not because of
the law. So it's just because of the other people believe that Amrozi deserve a death
penalty. They should do it regardless of breaking the law. That's the situation right
now.
ABBANY: But Amrozi, Ghufron and Sumudra, they actually admitted to carrying out
or being involved in the bombing?
ADNAN: Well, that's beside the point. What I'm raising is that in order to bring
someone to justice, the government, the state, should not break the law. Because the
state would be just as guilty as Amrozi if you're doing it, that's what I'm saying.
ABBANY: But then are you just hoping to avoid the death penalty here, or are you
seeking to have the conviction over ruled, and then rely on Indonesia's double jeopardy
law to not have the three tried again?
ADNAN: Well, that's not how we do it here. There will be no retrial. There is no such
thing as retrial. We have a judicial review. There's no retrial. The outcome of this
judicial review is a decision from the Supreme Court's whether or not our argument is
sustained or will be overruled.
ABBANY: Are you not concerned though as a lawyer that given that you know at
least according to the confessions of Amrozi, Ghufron and Samudra, that they were
involved in the bombings, that essentially what would happen is if you are successful,
they would go free as essentially guilty people?
ADNAN: No, no. I do not believe they will be free, I do not believe that they will get
there.
ABBANY: But they can't be tried again, but they can't be tried again, so essentially...
ADNAN: That's right, they cannot be tried again. What I believe is I just want to prove
a point that the state is going to be the one whose going to break the law, that's what
I'm trying to prove.
ABBANY: So essentially, the state had one chance to convict these men and it blew
its chance, is that what your saying?
ADNAN: Yes, yes. What I'm saying is what the state are doing is bring Amrozi to
death regardless if you're breaking the law or not. I'm going to prove that point. Other
than that, I don't believe that Amrozi will be released. They are not going to do it for
the sake of law but they're doing it because of the international pressure of how the
international community believes of his involvement and that people believe that he
should be served death penalty and that's what all those trial was all about.
ABBANY: You must then obviously be buoyed in a sense, a bit more confident given
that Abu Bakar Bashir was cleared recently?
ADNAN: Yes, that's right. Well Abu Bakar Bashir never admit his involvement in
anything. Abu Bakar Bhasir was clearly innocent. He was never involved in any
terrorist activity in the country or elsewhere, so he deserves to be acquitted.
© 2007 Australian Broadcasting Corporation |
