Hambali - does Indoneisa want him back?

gilbert de jong

Active Member
Jan 20, 2009
3,198
3
36
Panji, Singaraja.
Hi...
Didn't know that by closing Guantanamo, it automatically ment that all the prisoners there would be released. Released to their home-country? I thought they(USA) could just transfer them to some other place? I do realise that by doing so,they would have to give up some prison wich untill now is 'incognito'. For sure Guantanomo isn't the only holding place for suspected terrorist...
I while back there was some confusion in NL, about some airplanes landing without any flight schedules and it turned out that those flights were prisoner transport flights, executed by the CIA, so therefor I think Guantanomo isn't the only place...
Whatever the reason was for holding a suspect in the circumstances as in Guantanomo, if that(prisoner) wasn't already a enemy of the US, then for sure he is now.
Back to Hambali, if they release him into Indonesia's custody, wouldn't they just set him free? And why wouldn't Indonesia want him back?
Hope anyone can answer this for me...Thanks in forehand,
friendly greetings, Gilbert.
 

ronb

Well-Known Member
Aug 14, 2007
2,241
56
48
Ubud, Bali
gilbert de jong said:
Hi...

Back to Hambali, if they release him into Indonesia's custody, wouldn't they just set him free? And why wouldn't Indonesia want him back?
Hope anyone can answer this for me...
I think if Indonesia is receiving a citizen back from Guantanamo, they have the option of charging under Indonesian law in relation to the alleged crimes that caused the imprisonment in the first place. Why could it be that Indonesia may not be enthusiastic - could be
* they will have trouble making charges stick
* they may not want the publicity and political fallout
 
You hit the nail on the head with that last post Ronb.
There is a legal problem with Hambali. Charges are not strong enough at the moment and the government is fully aware of the numerous political and security problems that Hambali would bring back with him.
In a year of election, no-one has interest to see him back, as a hero for many hardliners who would put pressure on the government to set him free. The government has in mind the failure in charging and sentencing Abu bakar Bashir and the popularity he gained when he was released from a short jail term in 2006. There seem to have a consensus in the government to avoid that sort of mess again. Furthermore, the Indonesian prisons have "facilities" (hp widely available and uncontrolled, daily visit allowed on a "paying basis" rather than anything else...etc) that their US counterpart may not have and Hambali could easily and almost freely re-boosts his JI's network in South East Asia from his cell. The government has already a lot to do with the economical crisis knocking at the door and don't need to deal with secutity problems such as the one he could bring.
Whoever wants to be elected President this year, will need the support of some radical islamist parties. Hambali is a hero for some, and would be put in the trade for support by those islamist parties.
On a legal point of view there is very few evidence to prosecute Hambali in most of the terrorist cases he appears to be involved in and he could not be prosecuted retroactively under the 2002 terrorism law, only under murder charges. Evidences consist mainly in testimonies made by Mubarok and Ali Imron (both are serving life term and may not be as cooperative as when they first get arrested since they have nothing to win in charging a "hero"). A murder prosecution case would be quite fragile on this sole ground under Indonesian law.
For the sake of security in the region, Hambali should be prosecuted in the United States of A., far from here. There he could get the sentence he deserves.