Wednesday, August 24, 2011

Bali Bombings Case: Umar Patek To Be Prosecuted Under Antiterror Law, Penal Code

Umar Patek, suspect of the first Bali Bombings, is facing a criminal sentence of 10-15 years in prison. He has been charged with various articles of the Law on Counterterrorism, the Immigration Law and the Penal Code. "The sentence is over 10 years or even 15 years in prison," said Head of General Information Division of the National Police Chief Commissioner Boy Rafli Amar at a news conference on 21 August 2011.
When asked about the issue of Umar Patek being sentenced to death, "I think it is possible." The severity of sentence, Boy said, still depended upon the results of further investigations and the judge's decision.
Umar Patek has been detained since 17 August until December. Umar is being detained at the Mobile Brigade Headquarters Detention Facility, Kelapa Dua, Depok. Over the next four months, police will collect evidence and question Umar. Boy presumed that Umar's trial would be held in the next eight months.
Defendant's Statements in Trial
Police will also look for evidence from the questioning of witnesses, the collection of documents or letters and clues, and the defendant's statements in trial. Umar's case will be handed over to the public prosecution office before being submitted to the court. "At the public prosecution office it will take about two months and the trial will take about two months," said Boy.
Police plan to charge Umar with Article 9 of the Law No. 15 of 2003 on Counterterrorism, Article 55 of the Penal Code in connection with Article 56 of the Penal Code with a subsidiary charge of Article 380 in connection with Article 55 of the Penal Code in connection with Article 56 of the Emergency Law of 1951 and Article 55 of the Immigration Law.
Boy accused Umar Patek of playing a big role in a number of terrorism acts in Indonesia (see "Umar Patek's Traces"). He was found in the records of the Jemaah Islamiyah and the [Jemaah] Anshorut Tauhid networks. "He had joined the Mindanao separatist group," said Boy.
Umar's wife, Rukayah, is also in detention on charges of immigration violations. Rukayah is a Philippine citizen who has an Indonesian passport which was made using fake birth and family certificates. The woman who was born on 13 May 1984 is in the same detention facility with Umar but placed separately in a special cell.
Military Training in Aceh
National Police Headquarters Public Relations Division Head Inspector General Anton Bachrul Alam on 19 August stated that police would stick to the plan of imposing the Terrorism Law on Umar Patek. The scenario was chosen based on the accusation that Umar Patek had supplied firearms to support terrorism. "Together with Dulmatin," he said.
The firearms were allegedly supplied by Umar Patek in 2009 through the Philippines. Umar brought four rifles and handed two of them to Dulmatin. Police also found another fact that he knew about the military training in Aceh. "This is proof that he is involved," said Anton.
Since Umar was brought back to Indonesia, police have yet to announce the results of investigation into him. In fact, police previously expressed their intention to obtain information on terrorism from Umar Patek.

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