Viewing cable 06JAKARTA5040
Title: PROSECUTORS UNFAZED BY AMROZI'S TESTIMONY FOR

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06JAKARTA50402006-04-20 11:01:00 2011-08-30 01:44:00 SECRET Embassy Jakarta
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PP RUEHCHI RUEHDT RUEHHM
DE RUEHJA #5040/01 1101101
ZNY SSSSS ZZH
P 201101Z APR 06 ZDK
FM AMEMBASSY JAKARTA
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INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHBY/AMEMBASSY CANBERRA PRIORITY 9353
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 0770
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S E C R E T SECTION 01 OF 03 JAKARTA 005040 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR EAP/MTS AND S/CT 
DOJ FOR CTS THORNTON, AAG SWARTZ 
FBI FOR ETTIU/SSA ROTH 
 
E.O. 12958: DECL: 04/20/2026 
TAGS: PTER PREL PGOV KJUS KISL KVPR ASEC AS ID
SUBJECT: PROSECUTORS UNFAZED BY AMROZI'S TESTIMONY FOR 
BA'ASYIR 
 
REF: A. JAKARTA 02848 AMROZI TESTIMONY 
     ¶B. 05 JAKARTA 16574 PARIS CT SEMINAR 
     ¶C. 05 JAKARTA 16515 LAWYERS FOR BA'ASYIR CLAIM "NEW 
        EVIDENCE" 
     ¶D. 05 JAKARTA 16215 BA'ASYIR SEEKS RELEASE 
     ¶E. 05 JAKARTA 10681 BA'ASYIR LOSES SUPREME COURT 
        APPEAL 
     ¶F. 05 JAKARTA 06895 BA'ASYIR LOSES APPEAL TO HIGH 
        COURT 
     ¶G. 05 JAKARTA 04077 WHAT JUDGES REALLY SAID ABOUT 
        BA'ASYIR 
 
Classified By: Political Officer Tim Hefner For Reasons 1.4 (b) and (d) 
 
Summary 
-------- 
 
¶1. (S) Convicted Bali bomber Amrozi appeared in the Cilacap 
District Court on April 19 to testify on behalf of Jemaah 
Islamiyah Emir Abu Bakar Ba'asyir in the months-old Judicial 
Review request process.  With hundreds of Ba'asyir supporters 
in tow, Amrozi repeated his previously submitted testimony 
but added an allegation of torture by the Indonesian National 
Police to his denial of Ba'asyir's involvement in terrorist 
activities.  Former lead prosecutor against Ba'asyir, Salman 
Maryadi, told us he does not believe Ba'asyir will see 
freedom before his scheduled prison release date in June. 
Maryadi hand-picked knowledgeable prosecutors to travel to 
Cilacap and maintains regular involvement in the Judicial 
Review request process.  Prosecutors and defense attorneys 
must submit final arguments to the South Jakarta District 
Court before the court drafts its recommendation to the 
Supreme Court on the Judicial Review.  It remains very 
unlikely the Supreme Court will reach a decision prior to 
Ba'asyir's scheduled release, but the outcome remains 
important nonetheless -- a future repudiation of Ba'asyir's 
conviction would strike a serious blow to Indonesia's CT 
efforts.  End Summary. 
 
New Twist to Old Defense 
------------------------- 
 
¶2. (C) The months-old Judicial Review request process for 
convicted Jemaah Islamiyah (JI) Emir Abu Bakar Ba'asyir 
resumed on April 19 in Cilacap District Court in Central Java 
with the appearance of Amrozi, one of the terrorists 
responsible for the 2002 Bali bombing which killed 202 
people.  Local press reported hundreds of Ba'asyir supporters 
attended the court session, many of them alumni of Ba'asyir's 
Pondok Ngruki pesantren in Solo, Central Java and members of 
Majelis Mujahidin Indonesia (MMI), JI's political wing. 
Prosecutors who attended the session noted nearly 400 
security personnel maintained order at the district 
courthouse. 
 
¶3. (C) As previewed in the initial Judicial Review request 
documents, attorneys for Ba'asyir offered Amrozi's testimony 
as "new evidence" for the defense (ref C).  Muslim Defense 
Team (TPM) attorneys previously included this "new evidence" 
in their arguments to the Appeals and Supreme Courts in the 
form of a letter dated March 24, 2005 (ref D).  In the 
letter, Amrozi denied speaking with Ba'asyir about a bomb and 
denied telling Mubarok about a conversation with Ba'asyir 
about doing work in the field (ref G).  Despite this denial, 
both the Appeals and Supreme Courts upheld Ba'asyir's 
conviction and initial 30-month sentence. 
 
¶4. (S) Throughout the Judicial Review process, TPM has pushed 
to have Amrozi testify in open court.  According to our court 
monitor (strictly protect, as TPM attorneys do not know this 
contractor's embassy affiliation), senior Muslim Defense Team 
(TPM) attorney Achmad Michdan traveled to Cilacap in 
February.  The Cilacap District Court had arranged to hear 
Amrozi testify on February 22, but Amrozi refused to appear. 
Amrozi instead gave a statement to Michdan who later read 
this into evidence at the South Jakarta District Court. 
Michdan told our court monitor that he and three other TPM 
attorneys returned to Cilacap prior to Amrozi's April 19 
appearance "to reexamine" Amrozi's testimony.  During his 
court appearance, Amrozi added a detail to his previous 
statement and claimed the Indonesian National Police (INP) 
 
JAKARTA 00005040  002 OF 003 
 
 
tortured Mubarok (legal name Utomo Pamungkas) into 
implicating Ba'asyir in terrorist activities.  Amrozi claimed 
the INP also tortured him and others into making statements 
against Ba'asyir.  Mubarok has not alleged torture at the 
hands of the INP, and TPM has not mentioned their intent to 
call Mubarok to the stand to verify this claim. 
 
Prosecutors Unfazed by Lawyer Tricks, Ba'asyir Supporters 
--------------------------------------------- ------------- 
 
5.(C) Central Jakarta District Prosecutor Salman Maryadi, the 
former lead prosecutor in both trials against Ba'asyir, and 
three prosecutors who attended the Cilacap session concurred 
that TPM has no new evidence.  Maryadi warned the three 
prosecutors to be aware of TPM's tricks and public relations 
stunts.  He said TPM, as with Amrozi's newest statement, 
tries to pull attention away from the law by introducing 
extraneous information to make their case.   Prosecutors said 
that Ba'asyir's supporters made the session "lively" and 
called on prosecutors to withdraw from the case.  Ba'asyir's 
people also denounced the prosecutors as "kafir," or 
infidels, for persecuting their Emir. 
 
¶6. (S) Maryadi remains heavily involved in the Judicial 
Review despite holding positions in both Jakarta and Bali, 
and he maintains lengthy daily communications with 
prosecutors.  Maryadi told us the review cannot fall to 
someone in the Attorney General's Office based on their 
position but must remain with prosecutors whom he can trust 
and who have experience with Ba'asyir's case.  He also said 
he hand-picked prosecutors from Jakarta to travel to Cilacap 
to oversee the Amrozi session.  The AGO sent Kuntadi (2005 
International Visitors Program participant), Narendra Jatna 
(2005 Paris Program participant, ref B), and Nanang Sigit 
(2006 IV Program participant). (Note: Maryadi has never 
traveled to the US but has mentioned his desire to do so on 
several occasions.  End Note.) 
 
Next Procedural Steps in Judicial Review Request 
--------------------------------------------- ----- 
 
¶7. (U) South Jakarta District Court, the court of first 
instance for the Ba'asyir trial, seconded the responsibility 
for hearing defense evidence to Cilacap, the district court 
closest to Nusakembangan prison where Amrozi awaits his 
execution.  Cilacap District Court must now forward written 
documentation of Amrozi's testimony to South Jakarta where 
the review process will continue.  Before concluding the 
Judicial Review request, the South Jakarta District Court 
will receive final arguments from the prosecution and the 
defense.  It will then draft a written opinion for the 
Supreme Court on the Judicial Review and submit this opinion 
along with all other documents related to the request.  The 
Supreme Court will then deliberate on the Judicial Review 
request. 
 
¶8. (C) Maryadi personally will submit the prosecution's 
closing argument against the Judicial Review request.  He 
plans to draft this document next week.  Although the South 
Jakarta District Court determines when to submit the request 
to the Supreme Court, Maryadi expects South Jakarta court to 
complete its work in two to three weeks. Indonesian law 
governing the Judicial Review process does not stipulate how 
long the Supreme Court may take to make its decision, and the 
review process does not need to be completed prior to 
Ba'asyir's scheduled release from prison. 
¶9. (S) Maryadi told us he is not worried about the Judicial 
Review because he does not believe the process will result in 
Ba'asyir's early release from prison.  He confirmed that 
Ba'asyir's scheduled release date falls in June, and at this 
time, he has no knowledge of any legal actions planned by the 
AGO against the twice-convicted cleric.  He added that the 
INP has responsibility for monitoring or otherwise acting 
against Ba'asyir after his release, but Maryadi has not heard 
of any INP plans to do so at this time.  Maryadi cautioned 
that any steps against Ba'asyir would need to be bulletproof 
before the GOI would move against him a third time. 
 
Comment 
-------- 
 
 
JAKARTA 00005040  003 OF 003 
 
 
¶10. (C) Maryadi's personal involvement in the case remains 
the GOI's best tactical asset for keeping Ba'asyir in prison, 
and Maryadi remains the most knowledgeable person regarding 
Ba'asyir and his activities.  TPM seems to have played a role 
in altering Amrozi's testimony.  Regardless, Amrozi's 
statements likely will not change any minds regarding 
Ba'asyir's guilt or innocence.  Several steps remain before 
the Supreme Court could rule on the Judicial Review, and with 
less then two month before Ba'asyir's scheduled release date, 
it appears unlikely the Review process will conclude before 
he walks out of prison.  Nevertheless, a complete acquittal 
and repudiation of Ba'asyir's conviction, even after his 
release, would strike a serious blow to GOI CT efforts. 
 
PASCOE