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The Jakarta Post


The Jakarta Post, 9/6/2004 2:30:14 PM

Brawl erupts at Indonesian court as judges rule Ba'asyir detention legal

JAKARTA (AFP): A brawl erupted at an Indonesian court on Monday after judges ruled that the arrest and detention of alleged Jamaah Islamiyah head Abu Bakar Ba'asyir was legal, clearing the way for his trial under tough antiterror laws.

Shortly after judge Syamsul Ali rejected the suit filed by Ba'asyir's lawyers against police, one of scores of Ba'asyir supporters present at the South Jakarta District Court tried to throw his sandal at the judges.

The incident led to a scuffle as a mob of supporters descended on police officers and beat them up before boarding buses outside the court building.

Judge Ali ruled that the arrest and detention of Ba'asyir "was legal and made according to the procedures", despite a ruling by Indonesia's top court which cast doubt over charges used to hold the elderly cleric.

Ba'asyir was arrested in April as he stepped out of jail having served another sentence. He was detained as prosecutors prepared to charge him for the October 2002 Bali bombings which killed 202.

But a ruling last month by Indonesia's Constitutional Court striking down the retroactive use of an antiterror law introduced after the Bali attack left police struggling to compile charges against him.

Lawyers argued that since the backdated use of the law had been revoked, Ba'asyir's detention on a warrant linking him to the Bali blasts was now groundless.

But Ali said that the detention was "also based on other laws."

Police have since amended the charge sheet, principally tying Ba'asyir to an August 2003 attack on Jakarta's Marriott hotel that left 12 dead.

Ba'asyir denies terror links and was cleared by an appeal court last year of involvement with the al-Qaeda-linked Jamaah Islamiyah, although he remained in jail for immigration-related offenses.

Prosecutors have confirmed that Ba'asyir will appear in court charged with the Marriott attack under the tough new antiterror law, which carries a possible death sentence. (***)

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