Philip Bowring:
Debunking Jakarta's courts hurts West Lynch-mob journalism By Philip Bowring (IHT) Monday, September 15, 2003
Bashir was found guilty of treason for advocating the overthrow of the
secular Indonesian state in favor of a strictly Islamic entity
encompassing the Muslims of southeast Asia. He was acquitted of the terror
charges for want of evidence.
The decision was greeted by much of the foreign media as evidence that
Indonesia was in denial of the terrorism in its midst and unwilling to
confront the extremists. Bashir's guilt was taken for granted, often
referring to the claims of nameless Western sources rather than to the
facts presented. The integrity of the prosecution and judges was widely
impugned. Coverage also often suggested that Indonesian authorities are
lax toward terror on their own soil, even though isolated acts, mostly
aimed at Indonesians not foreigners, have been taking place sporadically
for years.
The fact is there was too little in the evidence presented to convict
Bashir. Perhaps there would have been had the United States allowed
detainees it is holding incommunicado to give evidence against him. They
were not. That naturally raises the question: If Bashir really is the head
of Southeast Asia's terror network, why has cooperation to put him away
been so minimal? Meanwhile, the proven perpetrators of the Bali bombing
have been prosecuted and sentenced to death by Indonesian courts.
It is useful to contrast the attitude to Bashir with similar situations
in the West. Bashir may be the spiritual leader of Jemaah Islamiyah, a
long-established but loose-knit group some of whose members have been
responsible for terrorist acts. But any relationship between political
leadership and terrorism is less formal than existed between Sinn Fein and
the Irish Republican Army in the years before the uneasy commitment to the
peace process. Sinn Fein's leader Gerry Adams was never charged with
treason or with organizing terror. Indeed he was free to visit the United
States and raise money for Sinn Fein.
Bashir could plausibly argue that even the treason conviction against
him was contrary to the freedoms promised by the Indonesian constitution.
It could be argued that to criminalize advocacy of the change in the
nature of the state is, of itself, no more or less treasonable than
advocacy of Communism was in 1950's Europe. On the other hand, the Chinese
regard advocacy of Tibetan independence as treason. Yet President George
W. Bush - quite reasonably - recently received the spiritual leader of the
Tibetan independence movement, the Dalai Lama.
If the political promoters of change in the dimensions or nature of a
state are to be criminalized, is it not time to take action against those
in the West promoting the further expansion of Israel through Jewish
settlement of Palestinian land?
Indonesia is right not to want to make a martyr of Bashir without
better evidence of organizing violence. Being rather better versed in
colonial history then most Westerners, they may recollect the role of
treason trials in those days. Among the more notorious was the 1953
imprisonment of Jomo Kenyatta, the nationalist who became Kenya's first
president, for "managing" the Mau Mau guerrilla movement. Kenyatta was
political leader of the fight against colonial rule, but there was scant
evidence that he himself organized Mau Mau violence.
The success of Al Qaeda was always going to be judged not by the
destruction it wrought but by the response it elicited. Judging by the
West's denial of its own principals through internment without trial and
other so-called antiterror measures, the Iraq war and other events in the
Middle East, Osama bin Laden is doing rather well at undermining values
and relationships.
Arrogant and ignorant foreign derision of Indonesia's courts and newly
democratic political system is offensive to secular Indonesian
nationalists. It makes more enemies for the West and further gains for the
Islamists. |
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