Posted on 07/23/2004 6:16:31 PM PDT by blam
Bali bombers may be freed by ruling
By Marianne Kearney in Jakarta
(Filed: 24/07/2004)
The convictions of dozens of Islamists involved in the Bali bombings two years ago could be overturned after Indonesia's highest court ruled that the laws under which they were tried were unconstitutional.
The constitutional court in Jakarta yesterday declared that the terrorism legislation was invalid as it had passed into law months after the bombings, in which 202 people died, including 28 Britons.
The application of retroactive laws is banned under the Indonesian constitution, the court said.
"This means we won, this is a victory for us," said Achnan Wirawan Adnan, a lawyer for 29 of the men accused of the attacks.
"We consider this as new evidence and we will have our argument that the Bali bombing will be retried," he said, adding that he would lodge an appeal with the Supreme Court using criminal laws.
Three of the Bali bombers have been given death sentences, which some constitutional experts said were expected to proceed as they had already lost appeals.
But some legal experts argue that the new ruling could allow them to walk free, if their appeal to overturn their terrorism convictions is successful.
"It's a big possibility," said Ibrahim Assegaf, a lawyer from the Centre for the Study of Legal Policy. "Someone can't be tried for the same crime under different laws."
Under the legal principle of double jeopardy the militants cannot be tried for the same crime under the criminal code if they have already been tried under terrorism laws.
However, one court official suggested that the ruling could apply only to the dozens of suspects awaiting trial, who would have to face fresh charges.
The ruling also casts doubt over whether prosecutors will be able to use anti-terrorism laws against Abu Bakar Bashir, the radical cleric and alleged spiritual adviser to the militants.
Sickening... but not totally unexpected.
Will the World Court get involved here?
Under the legal principle of double jeopardy the militants cannot be tried for the same crime under the criminal code if they have already been tried under terrorism laws.
A argument can be made that if the terrorism laws were invalid and inapplicable prior to their passage, then then not only the convictions, but the entire process of prosecution under them must have been invalid and must stand essentially striken. Thus a new prosecution based on laws in effect in October 2002 does not represent double jeopardy. In other words, if the law was invalid, then the defendants were never in any jeopardy in the first instance.
I hope there are a few dozen Australian men with testicular fortitude willing to wait at the prison doors when these subhuman murderers are released.
There is ZERO chance that these guys will go free.
Mohommedens protecting there own.
I hope the Aussies send a "team" over to smoke em.
Time to build a few more cells at Gitmo.
To repeat: There is ZERO chance that these guys will go free.
This is from someone who knows. I had friends in Paddy's that night in October 2002, not that it matters.
As for the ruling in question, it was sound legally and was entirely predictable from the start. Many of us questioned the very idea of prosecuting these murderers under a law that did not exist at the time of the crimes.
This is not a "raghead" issue at all. We can't prosecute in the US retroactively either. You have to prosecute on laws that actually existed at the time of the crime.
All these guys will be re-tried and re-convicted. Local sentiment and political pressure will not permit any other outcome. You think that Americans are the only people that don't want mass murderers walking around free?
Absolutely nothing of the kind. You are misinformed.
How can you be so certain?
If they ever let these guys out, they would be ripped limb from limb, literally, by the thousands members of the Balinese families they have destroyed. There are hundreds of children who have lost a parent, mothrs lost sons, brothers, and sisters. Thousands more watched their families go without after losing their jobs in the tourist industry as visitors stayed away.
The day after the bombing, I didn't know it had happened as word had not trickled down to me. At noon I visited a food court in a local mall a few kilometers from the bombing site and saw the images of carnage that were being broadcast. These were images that would never be seen on American television. Body parts stacked in piles, bodies stacked in piles, peopel with arms and legs missing, blood everywhere. And the people in the food court, in tears, weeping and shaking for the horror of what had just been brought into their home.
Months later every Balinese recoiled in horror as they watched Amrozi, one of the monsters responsible, grinning and smirking for the TV cameras, and their hearts,. usually so peaceful, filled with bloodlust.
As civilized people, they have allowed justice to take its course, but if justice is thwarted in the courts, justice will be achieved by other means, as blood demands.
The government can't allow this to happen. At worst it could lead to the disintegration of Indonesia, and at best it would destroy Megawati's chances for reelection.
They are not getting out. I have to say, though, that I do think now that they may not be executed, but I dearly hope they will be.
Thanks, I didn't realize you were in that part of the world.
Not there at the moment, but I have a home on he island of Bali where I try to spend a good part of the year.
I'm glad to read your comments, and I'm glad you say that the local population will not let these perps go free. If that's true (and I don't have any reason to doubt that you're right) it's good news.
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