The Jakarta Post, October 16, 2004
Ba'asyir charged with terrorism
Abdul Khalik, The Jakarta Post, Jakarta
After many delays, state prosecutors finally submitted the file on Abu Bakar Ba'asyir
to the South Jakarta District Court on Friday, charging him with masterminding the
Bali bombings and the JW Marriott Hotel attack.
Prosecutor Andi Herman said Ba'asyir, believed to be the spiritual leader of regional
terrorist network Jamaah Islamiyah (JI), was being charged under Law No. 15/2003 on
terrorism for the hotel attack and a number of articles of the Criminal Code, including
Article 187, for the Bali bombing.
Ba'asyir could face a firing squad if found guilty, or could be sentenced to life if found
guilty under the relevant articles of the Criminal Code.
"We filed a 65-page formal indictment against Ba'asyir with the South Jakarta District
Court at around 2 p.m. today. We have charged him under two laws. We expect he
can be brought to trial within the next two weeks," Andi told The Jakarta Post.
Ba'asyir has denied all the charges.
Prosecutors had planned to charge Ba'asyir with the Bali 2002 attacks using the
Antiterrorism Law, but changed their minds after the Constitutional Court ruled that
Law No. 16/2003, which allowed the retroactive application of law no. 15, was
unconstitutional. The laws, endorsed in January, preceded the August 2003 Marriott
bombings.
On Friday in Sydney Agence France Presse reported that Australian Foreign Minister
Alexander Downer said the charges showed Indonesia's determination to pursue JI.
"The government welcomes the charges against Abu Bakar Ba'asyir," Downer said.
"This is a demonstration of Indonesia's commitment to the prosecution of those
responsible for the Bali bombings."
The JI is a UN-listed terrorist organization blamed for the Oct. 12, 2002, Bali
bombings that killed 202 people including 88 Australians, and the Aug. 5, 2003, JW
Marriott Hotel attack in Jakarta. Police have also linked JI with the recent bombing
outside the Australian Embassy, which claimed 10 lives.
The prosecutors had planned to submit the case file in the fourth week of September,
but later rescheduled this to the first week of October for unclear reasons. This
deadline was also allowed to pass.
Andi said Ba'asyir, 66, was being charged under articles 14, 15, 17 and 18 of the
Antiterrorism Law (No. 15/2003) for planning, organizing, abetting and perpetrating the
Aug. 5, 2003, terrorist attack on the Marriott, which killed 12 people and injured more
than 80 others.
He said there was evidence that Ba'asyir had planned the Marriott attack. He also
accused the cleric of illegal possession of explosives found at a house on Jl. Sri
Rejeki, Semarang, Central Java, in 2003.
Police confiscated a huge quantity of explosives and arms at the house, as well as
documents stating that Ba'asyir was the leader of JI, during a raid last year.
Police said earlier that Ba'asyir was responsible for a series of terrorist attacks in
Indonesia between 1999 and 2003.
Andi said the prosecutors were also using a number of articles in the Criminal Code,
including Article 187, to charge Ba'asyir with involvement in the Bali bombings.
He was tried last year but the court ruled that the prosecution had failed to prove his
involvement in terrorist activities. However, he was sentenced to 18 months in prison
for immigration offenses and document forgery.
He was rearrested shortly after his release in April 30 this year. This triggered violent
clashes between his supporters and the police that left more than 100 people injured.
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