http://www.atimes.com/atimes/Southeast_Asia/FK03Ae02.html

Ba'asyir trial: Wrong war, wrong place
By Gary LaMoshi

DENPASAR, Bali - As he faces a second trial on terrorism charges, Muslim cleric Abu 
Bakar Ba'asyir has taken on symbolic value far beyond his real importance. To the 
West, Indonesia's handling of Ba'asyir, the alleged head of the Jemaah Islamiah (JI) 
terror group, is a crucial indicator of Indonesia's commitment to fighting terrorism. 
But putting Ba'asyir on trial at the West's insistence makes it harder for Indonesia 
to confront more important facets of its terrorism problem. 

Ba'asyir went back on trial last week on terrorism and conspiracy charges in 
connection with the October 2002 Bali bombings and the September 2003 JW Marriott 
Hotel blast in Jakarta, both blamed on the JI. The prosecution's indictment claims 
Ba'asyir visited a JI training camp in the southern Philippines in 2000, where he 
passed along an order to fighters from al-Qaeda chief Osama bin Laden inciting "waging 
of war against, and the killing of, Americans and their allies," according to the 
65-page document read in court last Thursday. 

Ba'asyir also allegedly gave his blessing to the Bali bombings that killed 202 people, 
most of them Western tourists. He is the co-founder of the Pondok Ngruki Islamic 
boarding school that sports numerous links to the Bali bombers. Ba'asyir could face 
the death penalty if convicted. 

Wirawan Adnan, an attorney for Ba'asyir, calls the prosecution's charges "ridiculous", 
dismissing them as "repeated circumstances, repeated conditions of [Ba'asyir's] 
previous trial". 

Cushy custody?
Despite criticism that Indonesia has been soft on Ba'asyir, the 66-year-old cleric has 
been in custody since the week after the Bali bombings. Last year, he was acquitted of 
terrorism charges - prosecutors reportedly presented a laughably weak case - but found 
guilty of plotting to overthrow the government. That conviction was overturned on 
appeal, and Ba'asyir's prison term for immigration violations was sliced in half. When 
that sentence expired on May 1, Ba'asyir enjoyed seconds of freedom before police 
rearrested him for questioning in connection with these latest charges. 

But that's not enough for some. Singapore's minister mentor and founding father, 
former prime minister Lee Kuan Yew, wrote in his column for Forbes magazine discussing 
presidential elections in Indonesia: 
  The feared electoral strength of the Muslim extremist group Jemaah Islamiah 
(responsible for the bombings in Bali) did not warrant the government's kid-glove 
handling of Abu Bakar Baasyir [sic], the group's spiritual leader. In Indonesia only 
those terrorists directly involved in bombings are prosecuted; their religious mentors 
are left untouched, even though they are the most crucial part of the terror chain. 
Because of this, madrassas (religious schools) that teach and promulgate extremist 
Islam continue to spawn new generations of suicide bombers.
Little, old knife maker
Ba'asyir admits proudly, "I've made a lot of knives" with his teachings of the Koran, 
which as he interprets it, includes sharply anti-American, anti-Israeli views. But 
Ba'asyir claims he has never stabbed anyone, and no one has presented credible 
evidence directly linking him to violence. (He blames the US Central Intelligence 
Agency and Israeli intelligence for the World Trade Center and Bali attacks). 

Many of the allegations against Ba'asyir arise from Western intelligence interrogation 
of captured al-Qaeda operatives. Cheerleaders for Ba'asyir's conviction tend to 
uncritically accept the word of terror suspects in custody telling captors what they 
want to hear while disregarding uncoerced statements to the contrary. 

It's no surprise that Singapore's Lee wants Ba'asyir convicted of thought crimes for 
his preaching. By Lee's way of thinking, if a rapist reads Playboy magazine, then Hugh 
Hefner deserves caning (and, perhaps, those naughty playmates, too). Singapore didn't 
get where it is by valuing free speech, an independent judiciary or disabusing its 
founding father of his Confucian conviction of infallibility. 

That concept of justice may fly in Singapore, but it is ironic to see the United 
States and its allies applying pressure to punish Ba'asyir while insisting freedom and 
democratic values need to be nurtured around the world as the real antidote to terror. 
In Indonesia, it's particularly troubling for Westerners to endorse the habit of 
political interference in the judiciary. One of the few places where the interests of 
Indonesian democracy advocates and foreign investors converge is the promotion of 
independent courts. However, when Westerners think it's in their interest, as in the 
case of Ba'asyir - and the alleged pollution of Buyat Bay (see In Indonesia, all that 
glisters is not gold October 9) - they're quick to call for politicians to overrule 
judges. 

"I asked the panel of judges and prosecutors to beware of efforts by the two enemies 
of Allah - America and Australia - to interfere in this courtroom," Ba'asyir said at 
his trial's opening session on Thursday. This public pressure from the West regarding 
Ba'asyir is a bigger issue in Indonesia than his alleged ties to terrorism. After all, 
the Marriott Hotel attack and September's bombing of the Australian Embassy in Jakarta 
took place while Ba'asyir was already behind bars. 

The West's fixation on Ba'asyir reinforces Indonesian impressions that terrorism is a 
Western problem and that the West's so-called "war on terrorism" is a war on Islam. It 
creates sympathy for a figure whose views are not widely held among the Indonesian 
public at large, and boosts his popularity, making Ba'asyir an underdog who defies the 
West. That popular acceptance, in turn, makes it harder for responsible Indonesian 
leaders to denounce the Islamic radical fringe without seeming to pander to the West. 

Test cases, true and false
Media, such as Lee Kuan Yew's state-controlled hometown paper, compound the error by 
characterizing Ba'asyir's trial as a test case for Indonesia's new President Susilo 
Bambang Yudhoyono. Yet Ba'asyir's indictment predates the two-week-old administration, 
so it's not responsible for whatever happens. If the West would stop talking, it would 
make it easier for Yudhoyono to placate Muslim parties, which largely support him, and 
their followers if the court convicts Ba'asyir. 

If the West wants a test case for Yudhoyono, it need look no further than his 
appointment to the coordinating minister for political, legal and security affairs 
portfolio he held until March. Yudhoyono's successor as Indonesia's point man on 
terrorism is former admiral Widodo A S. In the three years after Suharto's fall, 
Widodo was the first chief of Indonesia's armed forces drawn from a service other than 
the army. 

Widodo's otherwise undistinguished tenure was marked by the growth of 
military-supported religious violence (see Terrorism links in Indonesia point to 
military October 8). In defiance of presidential orders, the armed forces provided 
weapons and other assistance to thousands of Muslim fighters in conflicts with 
Christians around the archipelago. This support for religious radicals gave a 
mainstream platform to the likes of Ba'asyir. Amid other military efforts to promote 
political destabilization under former president Abdurrahman Wahid, support of jihad 
contributed to the spread of lawlessness, encouraging bolder terror attacks. 

Western governments, however, remain far more active and vocal in calling for the 
scalps of those who wrap violence in Muslim robes and have killed hundreds than those 
who wear military fatigues and have killed tens of thousands. No wonder Indonesians 
think the war on terror is just a guise for a war on Islam. 

The focus on Ba'asyir reflects the decision to attack Iraq: the West chose the wrong 
target, then labeled it a central front in the war on terror, making that region and 
the world at large more dangerous, and giving terrorists more fertile ground in which 
to grow. 


Gary LaMoshi, a longtime editor of investor rights advocate eRaider.com, has also 
contributed to Slate and Salon.com. He's worked as a broadcast producer and as a print 
writer and editor in the United States and Asia. He moved to Hong Kong in 1995 and now 
splits his time between there and Indonesia. 


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