The Jakarta Post, December 02, 2003
High Court overturns Ba'asyir treason conviction, cuts jail term
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The Jakarta High Court has cleared Islamic cleric Abu Bakar Ba'asyir of treason
charges and reduced his jail sentence from four years to three for immigration
offenses and document forgery, says Central Jakarta Prosecutor Office Head Salman
Maryadi.
"We have received the copy of the High Court's verdict today. It was dated Nov. 10. It
says that the charge of treason against him was not proven," Salman explained on
Monday.
Ba'asyir, 64, was brought to court on four main charges -- a plan to overthrow the
government, plotting to kill President Megawati Soekarnoputri when she was vice
president, immigration violations and document forgery.
He was found guilty of treason by the lower court for his alleged leadership of regional
terrorist network Jamaah Islamiyah (JI), blamed for a string of terrorist attacks in the
country, including the deadly Bali bombings on Oct. 12, 2002 and the JW Marriot
attacks in Jakarta on Aug. 5, 2003. At least 202 people were killed in the Bali
bombings and another 12 in the Marriot terrorist attack.
The Central Jakarta District Court, however, cleared Ba'asyir of the primary treason
charge -- heading JI in its alleged plan to topple the government -- which is punishable
by death, arguing that prosecutors failed to prove that Ba'asyir was the leader of JI.
The judges also threw out the charge of plotting to kill Megawati.
The judges, however, declared Ba'asyir guilty of having "a role" in an alleged plot by JI
to oust the government, immigration violations, and document forgery and sentenced
him to four years in jail.
The Jakarta High Court's decision means that Ba'asyir is in now only guilty of
immigration violations and document forgery. Violation of the Immigration Law carries
a maximum sentence of five years.
Ba'asyir's lawyer Achmad Michdan, meanwhile, said on Monday that he would appeal
to the Supreme Court to have all the convictions against his client overturned.
Ba'asyir's trial, which began in April, was seen as a test of the government's resolve to
crack down on religious extremism.
However, the relatively lenient sentence resulted in a backlash from foreign countries,
particularly the United States and its allies, which had been hoping for a harsh
sentence for Ba'asyir, as a message to religious extremists here.
Salman lashed out at the High Court for delivering the copy of its verdict 20 days after
it was made, saying that it was against the regulations.
Under existing regulations, the copy of a verdict must be delivered to the prosecutors'
office and the defendant within seven days after it is done.
The verdict was signed by a panel of judges who reviewed the appeal, consisting of
Judges Hasan Basrie Passe, Basuki, and Karsono.
"Prosecutor Firdaus (Dewilmar) has appealed the case to the Supreme Court for the
treason charge and immigration offense," Salman added.
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