July 6, 2011
INDONESIA wants Australia or another country to extradite and prosecute one of the masterminds behind the 2002 Bali bombings, Umar Patek, because it fears a trial in Jakarta would increase terrorist risks.
In an exclusive interview with the Herald, the head of Indonesia's anti-terrorism agency Ansyaad Mbai said Mr Patek would become a new figurehead for violent jihadis if returned to the country of his birth.
His comments highlight the rift among countries about what to do with Mr Patek, who was arrested this year in Abbottabad, Pakistan, the same place as the leader of al-Qaeda, Osama bin Laden, was killed.
Mr Patek had eluded authorities for almost a decade after fleeing Indonesia after the bombings, which killed 202 people.
''Umar Patek was chased by many countries. There was a [million]-dollar prize on his head but now that he's arrested it's as if Indonesia must face the problem alone,'' Mr Ansyaad said.
''This man is very dangerous. His presence here would increase the terror threat, not only to Indonesia but to several countries with a presence here. He'll be like fresh air for remnants of the terrorism network. [The terrorists] are dangerous, they still exist and they've been waiting for a figurehead such as Umar Patek.''
Mr Ansyaad said Indonesia would face difficulties bringing Mr Patek to justice, noting that the bombings occurred before Indonesia enacted its counter-terrorism laws.
The other attack linked to Mr Patek, the multiple bombing of Indonesian churches on Christmas Day in 2000, also took place before the laws were introduced.
Mr Ansyaad said Australia had lost 88 people in the first bombings and could prosecute Mr Patek, who he called the ''main designer'' of the bomb.
An expert on terrorism legislation at the University of Sydney, Ben Saul, said there was no legal impediment to Australia's charging Mr Patek, given that most of Australia's counter-terrorism legislation was enacted in early 2002, several months before the bombings.
But the reality would be more complicated and Australia would have to organise extradition from Pakistan and receive assistance from Indonesia about evidence and witnesses.
Such a decision would be virtually unprecedented because in the past 60 years ''Australia has never prosecuted someone for an international crime committed on foreign territory''.
In May Australia's counter-terrorism ambassador, Bill Paterson, said it remained an option to try Mr Patek in Australia.
But it is understood the Gillard government, the US, Pakistan and the Philippines have pushed Indonesia to take on the responsibility. Yesterday the Foreign Affairs Minister, Kevin Rudd, who is due to visit Jakarta this week, also appeared to dismiss the proposition. ''Given Patek is an Indonesian citizen and that some of the most serious crimes he is believed to have committed took place in Indonesia, the Australian government considers any action should in the first instance be taken by Indonesian authorities,'' his spokeswoman said.
If Mr Patek is tried in Indonesia, it would be under the country's emergency law that forbids the use, possession and transportation of illegal weapons and explosives. The law carries the death penalty.
But keeping him in detention before and after any trial would be problematic because Indonesia's prison system is riddled by corruption and lax security and it would be hard to stop Mr Patek rebuilding a network from behind bars.
(Indonesia News)
do 7 jul 2011 - 1:08
, a plaything bro.Konijn? Who, Umar Patek? You'll have to be suicidal to want to play with that guy, he has the blood of many of Allah's creations on his hands, and one more would not bother him in the least! siK.