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Bashir Jailed Over Bali Bombing, US Unsatisfied

“I feel I have been treated arbitrarily with this verdict. It is unlawful for me to accept it and therefore I will appeal,” said Bashir. (Reuters)

JAKARTA, March 3, 2005 (IslamOnline.net & News Agencies) – An Indonesian court on Thursday, March 3, sentenced Abu Bakar Bashir to two-and-a-half years in jail for allegedly approving the Bali bombings, a sentence that dew criticism from the US and Australia.

“The panel of judges decided that the defendant, Abu Bakar Bashir, has been legally and convincingly proven of engaging in a sinister conspiracy,” Agence France-Presse (AFP) quoted chief judge Sudarto as saying.

“It is true the defendant did not directly take part in the Bali blast but the defendant's words could be understood as his approval,” he added.

The 2002 bombings on the Indonesian resort island which left over 200 people dead, mostly tourists.

The five-member panel of judges said Bashir’s words to key Bali bomber Amrozi during a meeting in 2002 showed he was aware of the conspiracy and did nothing to stop it.

Bashir -- dressed in his traditional white robe and shawl, a white skullcap and glasses -- has always insisted the key conversation with bomber Amrozi never took place and he vowed to appeal.

“I feel I have been treated arbitrarily with this verdict. It is unlawful for me to accept it and therefore I will appeal,” he said.

Prosecutors had demanded an eight-year sentence for Bashir.

A supporter of Bashir holds posters during a rally in Jakarta. (Reuters)

Earlier in the trial the main charge that the 66-year-old scholar and his supporters planned the Bali attack and the 2003 bombing of the Marriott had been dropped for lack of evidence.

The Bali bombings were condemned by leading Muslim scholars, including Sheikh Yusuf Al-Qaradawi who branded the attacks as “heinous” crime.

The judges were immediately whisked out of the room by armed police.

More than 2,000 police were deployed around the agriculture ministry complex in Jakarta where the trial was held.

More than 500 Bashir supporters packed the public gallery and the ground outside the building but there were no violent incidents.

“Disappointing”

Downer described the verdict as “disappointing”

The US and Australia, who long pressured Indonesia to act against Bashir, described the verdict as “disappointing”.

“It's satisfying that he has been convicted (but) it's disappointing that the sentence is just for two-and-a-half years,” Australian Foreign Minister Alexander Downer told reporters.

Downer said Australia considered Bashir the spiritual leader of the Jemaah Islamiyah and as such held him responsible for the Bali bombing, which killed 88 Australians, reported the Australian Associated Press (AAP).

The top diplomat said that while the Indonesian judicial system was “pretty good”, Canberra wanted to see the sentence appealed.

The same view was echoed by American officials.

US embassy spokesman Max Kwak welcomed the conviction and said Washington respects the independence of Indonesia's judiciary.

“However, given the gravity of the charges on which he [Bashir] was convicted, we are disappointed at the length of the sentence”, he told AFP.

Lack of Evidence

Analysts blamed the “light” sentence on the prosecutors' failure to prepare a solid case backed by strong evidence.

“In the end the verdict does not satisfy anybody. Foreign governments are disappointed while his supporters at home are also disappointed, for different reasons,” said Dewi Fortuna Anwar of the Habibie Center think tank.

“Prosecutors failed to provide concrete evidence on Bashir's involvement in terrorism, because unless the suspect is directly involved, it is very hard to prove in our legal system,” he said.

“Foreign governments are convinced that Abu Bakar Bashir was spiritual leader of Jemaah Islamiyah based on intelligence they have. But intelligence data cannot be used in our judicial system,” Anwar told AFP.

Muslim scholar and political analyst Azyumardi Azra said the verdict demonstrated the judiciary's independence.

“I think it's not a question of satisfied or not satisfied. All of us must respect the due process of law,” he said.

“I think the reason for the light sentence is because prosecutors, and before that the police, have failed to provide convincing evidence about Bashir's involvement in those bombings,” Azra said.

Bashir was arrested a week after the Bali bombings in October 2002 and was put on trial the following year.

The terrorism charges were thrown out but he was found guilty of immigration offences and jailed.

Police rearrested him in April last year as he completed his jail term, citing new evidence of terrorist links and of his alleged leadership of Jemaah Islamiyah, which is blamed for a series of attacks in the region.

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