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Unjust or too light? Jail term pleases no one

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Straits Times - September 3, 2003

Devi Asmarani, Jakarta – The four-year jail sentence on Abu Bakar Bashir proved a disappointment for both supporters and detractors of the militant cleric.

While his followers and sympathisers believe the guilty verdict was unjust, others think the four-year imprisonment was too light, especially compared to the 15-year jail sentence demanded by the prosecutors.

The reduced sentence prompted many to think that the police and prosecutors had failed to produce hard evidence to link Bashir to the Jemaah Islamiah (JI) terrorist network.

"I think the lack of professionalism of the police in preparing the evidence file and presenting credible witnesses are the reasons why the judges could not do much in producing a satisfying verdict," said Mr Azyumardi Azra, dean of the State Islamic University in Jakarta. "The police and prosecutors only presented circumstantial evidence instead of hard proof," he told the AFP news agency.

Yet analysts believe government pressure led the judges to decide on the four-year jail term. Those who think Bashir was guilty thought that the verdict was another "middle ground" move, a compromise sought by the government to please both the international and domestic audience.

A Jakarta-based political consultant said: "A stiff sentence could provide ammunition for the opposition which is eager to call the government a United States lackey. But at the same time, Indonesia cannot let Bashir free, as it would only validate the allegation that it is too lenient with the militants and the terrorist suspects."

The largest Muslim group in Indonesia, the Nahdlatul Ulama, came out in support of the verdict. Its deputy secretary-general, Mr Masduki Baidowi, told The Straits Times: "I think many religious figures would see the ruling as a step forward in the fight against terrorism."

But the second largest Muslim organisation, Muhammadiyah, was less supportive of the verdict. Its chairman Ahmad Syafii Maarif told The Straits Times: "I think since the judges had a very weak case against him, their decision could be overturned in the higher court of appeal." He added: "If he is only guilty by association, then the old man should be freed."

Bashir's ardent followers claimed the decision was the latest move in the conspiracy to discredit Islam involving the US and its allies. Mr Fauzan Al-Anshori, spokesman for the Basyir-led Majelis Mujahidin Indonesia, told The Straits Times: "The judges were smart enough to conclude that Bashir was not the JI leader, but they were not brave enough to acquit him of all the charges."

Mr Din Syamsudin, the secretary of the country's highest Muslim fbody, the Indonesian Ulema Council, told The Straits Times: "This ruling has struck a sour note within the Muslim community, and the administration will forever be remembered for it."

People in the street were equally divided in their views. But many generally thought that if the court had enough basis to determine Bashir's links to the terrorist group, then he should go to jail.

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