Article

2004-03-09 Southeast Asia

Bashir may be free in months thanks to Indonesian court idiocy

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Posted by Dan Darling 2004-03-09 12:23:39 AM|| || Front Page|| [11132 views since 2007-05-07] Top

#1 Hmmm ... I can think of a slice of airspace where it might be appropriate to have a Copperhead-equipped Predator drone circling, come "get-out-of-jail" day. But - probably a sovereignty issue in the way. Too bad .......

Posted by Lone Ranger 2004-3-9 1:09:54 AM|| 2004-3-9 1:09:54 AM|| Front Page Top

#2 I am still hopeful. Although I'm a bit rusty, I went to an Indonesian language paper. The first few sentences go like so:
MA Vonis Baâasyir 1,5 Tahun
Laporan:Dulhadi Jakarta, KCM
The Supreme Court Verdict on Baâasyir is 1.5 years
Laporan:Dulhadi Jakarta, KCM
Mahkamah Agung (MA) menjatuhkan vonis satu setengah tahun penjara untuk Ketua Majelis Mujahidin Indonesia (MMI) Abu Bakar Baâasyir.
The Supreme Court (SC) dropped the verdict to one and a half years in prison for the Indonesian Chairman of the Mujahidin Council (MMI) Abu Bakar Baâasyir.
Keputusan MA ini diambil berdasarkan hasil sidang majelis perkara kasasi Abu Bakar Baâasyir yang diketuai Bagir Manan beberapa hari lalu. Dalam putusan MA itu, Baâasyir terbukti melakukan pemalsuan dokumen dalam pembuatan Kartu Tanda Penduduk serta pelanggaran imigrasi. Sementara tuduhan melakukan makar dan tindakan terorisme tidak terbukti.
This SC decision was made based on the outcome of the court's session considering the Abu Bakar Baâasyir appellate case that was recently chaired by Bagir Manan. In the SC decision, it was affirmed that Baâasyir falsified a document by manufacturing a Residency Card as well as violated immigration law. For the time being the charge of carrying out terrorist tactics and action was not upheld.

I think the key word here is sementara (or for the time being). I really hope to God I'm right. The rest of the article says the decision was made a few days ago. It notes that the SC's decision was lighter than the Court of Appeals, and makes a distinction I can't quite follow, again noting sementara (or for the time being). Then the article describes the lower appellate ruling in greater detail and goes on in greater detail about the specific laws violated on the charges that were upheld. It goes on to explain the court's reasoning on the charges that were unproven, but the language is a bit technical for me. The article concludes with information about his detention beginning October 28 2002. The word sementara (or for the time being) is used quite a few times in the article.

Posted by cingold 2004-3-9 1:53:10 AM|| 2004-3-9 1:53:10 AM|| Front Page Top

#3 Why did Bashir falsify a residency card? Surely not for himself? For whom and why?

Posted by Mike Sylwester 2004-3-9 7:50:06 AM|| 2004-3-9 7:50:06 AM|| Front Page Top

#4 Why did Bashir falsify a residency card? Surely not for himself? For whom and why?

The guy's an illegal alien Arab from Yemen, not a native Indonesian.

Posted by Zhang Fei 2004-3-9 12:11:50 PM|| 2004-3-9 12:11:50 PM|| Front Page Top

#5 It's pretty lame that under the new Indonesian democracy, the only thing they can hang on Bashir is immigration charges. The previous dictator, Suharto, would have just whacked and disappeared him, as he had a succession of Islamic extremists.

Posted by Zhang Fei 2004-3-9 12:16:08 PM|| 2004-3-9 12:16:08 PM|| Front Page Top

#6 Thanks, Zhang Fei. Now this makes more sense:
Sementara dakwaan lainnya, menurut PN Jakpus, menyangkut memimpin dan mengatur makar, menyuruh memalsukan keterangan palsu ke dalam suatu akte otentik, dan dianggap sebagai warga negara asing yang berada di wilayah Indonesia, tidak terbukti. Dakwaan lain yang dianggap tidak terbukti adalah terkait Kelompok Jemaah Islamiyah (KJI).
For the time being the other accusation was held unproven, according to PN Central Jakarta, involving leading and directing treachery (by ordering the falsification of information in a authenticated certificate), because he was a foreign citizen that was in Indonesian territory. The other accusation considered unproven was association with the Jemaah Islamiyah Group (JIG).
IN OTHER WORDS, HOW CAN YOU ENGAGE IN TREASON IF YOU ARE âA FOREIGN CITIZEN.â I wonder if they plan on holding him until after the election, and then deporting him back to Yemen.

Posted by cingold 2004-3-9 1:52:14 PM|| 2004-3-9 1:52:14 PM|| Front Page Top

#7 Here's an english version, that's a bit more detailed. In part, it notes: A court last September sentenced the 65-year-old Muslim cleric to four years in jail for treason and immigration offenses, but cleared him of the main charge of heading Jemaah Islamiyah. In December, an appeals court overturned the treason conviction, but upheld the conviction for forging identity papers and leaving and entering Indonesia illegally. His sentence was reduced to three years. Both prosecutors and defense attorneys appealed that verdict to the Supreme Court. According to a copy of the Supreme Court verdict obtained by The Associated Press, Bashir was found guilty of immigration and forgery charges but his sentence was reduced to 18 months. The appeal's court verdict, which was reached on Monday, upheld the treason acquittal. No reason was given for the sentence reduction. Think they're wrong though about "No reason was given for the sentence reduction." The reasoning, I think, was that the three year prison sentence was based on the aggravating facts of the treason charges. If Bashir wasn't found guitly of treason, his sentence for the minor offenses shouldn't be increased based on the facts of an unproven charge. This is maybe a case where the prosecution should have waited longer until they had better evidence to make their case.

Posted by cingold 2004-3-9 2:12:04 PM|| 2004-3-9 2:12:04 PM|| Front Page Top

#8 I guess if the guy isn't actually Indonesian, they can't actually try him for treason. But they can still try him for subversion, which may be covered by espionage laws. The shortening of his sentence is clearly a sop to Indonesia's Islamists.

Posted by Zhang Fei 2004-3-9 3:13:49 PM|| 2004-3-9 3:13:49 PM|| Front Page Top

#9 The shortening of his sentence is clearly a sop to Indonesia's Islamists.
Zhang Fei, I hope you're not right. That would be the equivalent of Rehnquist, Scalia, Thomas, Kennedy, and OâConnor deciding to throw a case just to please Bush and Cheney. And, while I know those kinds of conspiracy theories exist, itâs a terribly serious charge. Mind you, given Indonesiaâs problems with corruption, Iâm not saying it couldnât happen -- I just donât think it has. The subversion charge was booted for lack of evidence [over eager prosecution, jumping the gun?], and the terrorism charge lost out because heâs not a citizen. That leaves the immigration and document falsification charges upheld, which are relatively minor [e.g., there must be thousands of people in Indonesia illegally at this time -- mostly tourists and missionaries].

Posted by cingold 2004-3-9 3:36:41 PM|| 2004-3-9 3:36:41 PM|| Front Page Top

#10 That would be the equivalent of Rehnquist, Scalia, Thomas, Kennedy, and OâConnor deciding to throw a case just to please Bush and Cheney. And, while I know those kinds of conspiracy theories exist, itâs a terribly serious charge.

There's no conspiracy, or any need for one - this is simply the way Indonesian Muslims think. American judges wouldn't do this kind of thing because they are legalistic to a fault. Also, in any legal system, where you stand depends on where you sit. Over there, where Americans are held to be the real terrorists, Bashir is the martyr, not the victims of the bombing attacks. This is why the judges could acquit him without even consulting each other - in their minds, the wrong person is in court.

Posted by Zhang Fei 2004-3-9 3:49:28 PM|| 2004-3-9 3:49:28 PM|| Front Page Top

#11 this is simply the way Indonesian Muslims think
I respectfully disagree -- there is not even a certainty that the Justices were Textual Muslimin, and I doubt it. I know I'm biased toward Indonesia, but (as I've stated before) the overwhelming majority of Indonesians extend religious tolerance and hate islamofascists.

Posted by cingold 2004-3-9 5:57:52 PM|| 2004-3-9 5:57:52 PM|| Front Page Top

#12 Well, reducing his sentence is fair enough.
I mean he only advocated that his followers kill infidels.
Now if he were to advocate that they breach the new law that would be different.
Ya see advocating killing those in the Bali nightclubs "was protecting their tradition of decency" so well deserved in their homicidal minds.
""I think there must be some restrictions on such acts because it is against our traditions of decency," said Aisyah Hamid Baidlowi, head of a parliamentary committee drafting the bill.

Heavy kissing could carry a maximum penalty of five years in jail or a $29,000 fine. Anyone caught flashing would face similar penalties."

The bill also proposes bans on public nudity, erotic dances and sex parties, with jail terms ranging from three to 10 years. Watching such shows could lead to two years behind bars.

Posted by tipper 2004-3-9 6:10:41 PM|| 2004-3-9 6:10:41 PM|| Front Page Top

#13 tipper, I reiterate what I said yesterday about the kissing stuff. I know I can't have a lot of credibility, 'cause I'm a lawyer and I like Indonesia, but c'mon -- that is just a proposed law -- not a passed law. We have similar stupid proposals here in the US. (See, e.g., voting teens, and I'm sure there are a lot worse proposals that have been made over the years). Look at what Bashir was charged with: Immigration violation, falsified document, treason, and being the head of a terrorist organization. The evidence was weak or nonexistent on the terrorist stuff, he can't commit treason because he's not an Indonesian, and the courts upheld the immigration and falsification charges. How long do you put someone in jail for minor stuff? Here in the US, even if we believe someone is the worst anti-social SOB around, we don't execute them for minor infractions, we build a case. As I've said before, I think they'll try to chage Bashir with something else to keep him out of circulation -- or maybe they'll just deport him back to Yemen and hope he has an accident. If you look at what Indonesia is doing in Aceh, they are not going to just let things slide.

Posted by cingold 2004-3-9 6:26:20 PM|| 2004-3-9 6:26:20 PM|| Front Page Top

#14 Here in the US, even if we believe someone is the worst anti-social SOB around, we don't execute them for minor infractions, we build a case.
Here's a timely supplement to my above point: Final Defendant in 'Virginia Jihad' Case Acquitted You have to trust the justice system to work, and build your case carefully enough that the bas*#%ds are convicted, not acquitted. I don't think anybody wants to live in a system that always convicts 100% of all the bad guys, because that level of conviction necessarily ends up convicting the innocents along with the bad guys just to keep from missing any bad guys (i.e., signal detection theory).

Posted by cingold 2004-3-9 7:10:55 PM|| 2004-3-9 7:10:55 PM|| Front Page Top

#15 Oh, and not to rant too much ; ) , make no mistake about it -- the islamofascists would love to drive a wedge between Indonesia and the West. They do want to destabilize and take over the world, including Indonesia, and will start wherever Muslims of any stripe can be found -- the more intolerant, the better. Accordingly, they have no love for the (socially tolerant, if politically intolerant and paranoid) Indonesian government (see, e.g., plot to bomb National Police HQ), and the Prosecution Service is on a collision course with them (see, e.g., mandate for same).

Posted by cingold 2004-3-9 8:10:39 PM|| 2004-3-9 8:10:39 PM|| Front Page Top

#16 Wonder who put the fix in? Couldn't have been Hamzah Haz...
Leading the United Development Party (PPP), Haz is Syncretic Muslimin (a mix of Islam and the indigenous mysticism). He is going to be sympathetic to a Textual Muslimin like Bashir, and want a "more Muslim nation," but I can't believe he'd support this lunatic's rabid frothing. If Haz was willing to let Bashir off the hook, the military wouldn't be trashing Aceh.

Posted by cingold 2004-3-9 10:58:56 PM|| 2004-3-9 10:58:56 PM|| Front Page Top

#17 If Haz was willing to let Bashir off the hook, the military wouldn't be trashing Aceh.

Isn't that more of an attempt to keep Indonesia together? Aceh doesn't want to be part of Indonesia - it just wants to be independent, the way most Indonesian provinces used to be independent kingdoms before the Dutch handed the Javanese an empire the Javanese had not conquered for themselves at Indonesia's independence.

Posted by Zhang Fei 2004-3-10 1:15:22 AM|| 2004-3-10 1:15:22 AM|| Front Page Top

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