Muslim cleric convicted of treason
Indonesia imposes 4-year jail sentence
JAKARTA -- An Indonesian court yesterday convicted Muslim cleric Abubakar Ba'asyir of treason for his involvement with the Jemaah Islamiyah terrorist group, but sentenced him to only four years in prison, far less than prosecutors had sought.
Although Indonesian police have identified the elderly preacher as the head of Jemaah Islamiyah, a regional militant network linked to Al Qaeda, the five-judge panel ruled that prosecutors failed to prove Ba'asyir was the group's emir, or commander.
The underground organization was responsible for the bombing of two Bali nightclubs last year, which killed 202 people, and has been blamed by Indonesian police for the attack last month on the J.W. Marriott Hotel in Jakarta, which killed 12. Ba'asyir, 65, was not charged in connection with either attack.
The judges convicted him of trying to overthrow the Indonesian government, saying he had approved of his followers seeking military training abroad with the goal of establishing an Islamic state.
"The defendant . . . had knowledge of an organization that is trying to topple the government," said chief judge Muhammad Saleh. "In order that the defendant does not repeat his mistake . . . he must be punished."
But the sentence was not what law enforcement officials and Western diplomats were seeking. Prosecutors had asked for a 15-year jail term; the maximum sentence could have been life in prison.
Nor is the ruling likely to make US officials more receptive to Indonesia's request that they turn over Riduan Isamuddin, the alleged Jemaah Islamiyah operations chief and suspected Al Qaeda member, for trial in Jakarta. Isamuddin, also known as Hambali, is now in US custody after being captured in Thailand last month.
Ba'asyir's conviction, nonetheless, represents a milestone in Indonesia's effort to uproot a militant network that has proven more extensive than many terrorism analysts had initially thought. Just a year ago, most Indonesian officials denied that an international terrorist network was active on their soil and resisted US demands for Ba'asyir's arrest as unwelcome interference in the country's internal affairs.
The attack last October in Bali stunned many Indonesians, prompting them to launch a police investigation that has netted dozens of Jemaah Islamiyah suspects, including several leaders. The Indonesian government also arrested Ba'asyir last fall despite the concerns among some senior officials that it could provoke a backlash from the country's Muslims.
Ba'asyir's five-month trial concluded with dozens of police lining the makeshift courtroom, set up in a government auditorium in central Jakarta, and scores more surrounding the building.
Hundreds of Ba'asyir's followers came dressed in T-shirts emblazoned with his face and slogans such as "Resist American Imperialism" and "Free Our Clerics." Others, from the Laskar Mujaheddin militia loyal to Ba'asyir, donned military-style camouflage uniforms and carried a banner proclaiming "Abubakar Ba'asyir is a Warrior, not a Terrorist! Free him!"
His supporters also crowded the courtroom, lining up as early as 5 a.m. to claim a seat.
When Ba'asyir was escorted into the courtroom five hours later, wearing a white cap and a black jacket over a red-and-blue sarong, many in the audience sprung to their feet, pumped their fists, and raised a thunderous chorus of "Allahu Akbar" ("God is Great").
Ba'asyir, however, appealed for calm, warning his supporters that American provocateurs would be looking to make trouble.
In handing down a light sentence, the judges cited Ba'asyir's cooperative attitude and his age.
The panel also rejected one of the main charges against him: that he was involved in a series of church bombings on Christmas Eve 2000, which killed 19 people. The judges said the prosecution had failed to prove this allegation despite calling about three dozen witnesses, including seven Jemaah Islamiyah suspects held in Singapore and Malaysia who testified by video.
Ba'asyir had consistently denied any role in the church bombings and said he was not the leader of Jemaah Islamiyah. He contended there was no such group.
The judges, however, said they were convinced Jemaah Islamiyah exists with a formal structure and membership. But they added that the witnesses had given conflicting descriptions about Ba'asyir's role in the group and none had testified that they had firsthand knowledge that Ba'asyir was the emir.
Still, the judges found that he had been closely involved with the group's treasonous activities. "Members of Jemaah Islamiyah conducted actions which the defendant, Abubakar Ba'asyir, had knowledge of. Moreover, he approved several actions, including military training in the southern Philippines and Afghanistan," Saleh said.
The panel also found him guilty on an immigration charge related to 14 years he spent in exile in Malaysia during the rule of former Indonesian president Suharto.
Ba'asyir said he would appeal the ruling. "Just because I have been struggling for the implementation of Islamic law, I was accused of planning to overthrow the government. It is a mistaken decision so I can't accept it," he told the court.
