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Hambali and the Guantanamo problem | Hambali and the Guantanamo problem |
(41 minutes later) | |
Hambali was South East Asia's most-wanted man at the time of his capture By Joe Boyle BBC News | Hambali was South East Asia's most-wanted man at the time of his capture By Joe Boyle BBC News |
Many rights activists and politicians hailed US President Barack Obama's decision to close the Guantanamo Bay detention camp - but the case of Bali bombing suspect Hambali shows how difficult a task it could be. | Many rights activists and politicians hailed US President Barack Obama's decision to close the Guantanamo Bay detention camp - but the case of Bali bombing suspect Hambali shows how difficult a task it could be. |
In 2003 the US government's "war on terror" was at its height. | In 2003 the US government's "war on terror" was at its height. |
Saddam Hussein was ousted from power in Iraq, efforts to rid Afghanistan of Taleban militants continued, and the countries on the "axis of evil" were further ostracised. | Saddam Hussein was ousted from power in Iraq, efforts to rid Afghanistan of Taleban militants continued, and the countries on the "axis of evil" were further ostracised. |
All over Asia, US agents were working to track down insurgents and piece together an emergent network of Islamic militant groups. | All over Asia, US agents were working to track down insurgents and piece together an emergent network of Islamic militant groups. |
On 14 August, one of the biggest breakthroughs came almost by accident. | On 14 August, one of the biggest breakthroughs came almost by accident. |
The authorities in Thailand had caught South East Asia's most-wanted man - Hambali. | The authorities in Thailand had caught South East Asia's most-wanted man - Hambali. |
He was suspected of orchestrating the Bali bomb attacks in 2002 that killed more than 200 people, as well as being the go-between for al-Qaeda and several regional militant groups - delivering orders and disbursing funds for Osama Bin Laden. | He was suspected of orchestrating the Bali bomb attacks in 2002 that killed more than 200 people, as well as being the go-between for al-Qaeda and several regional militant groups - delivering orders and disbursing funds for Osama Bin Laden. |
He was also said to be the operations chief for Jemaah Islamiah, the militant organisation many blame for the Bali bomb attacks. | He was also said to be the operations chief for Jemaah Islamiah, the militant organisation many blame for the Bali bomb attacks. |
Shortly after he was captured, Thai police handed him to US agents, and incumbent US President George W Bush reviled him as "one of the world's most dangerous terrorists". | Shortly after he was captured, Thai police handed him to US agents, and incumbent US President George W Bush reviled him as "one of the world's most dangerous terrorists". |
Relatives of victims of the Bali attacks breathed a sigh of relief, believing justice might be served quickly. | Relatives of victims of the Bali attacks breathed a sigh of relief, believing justice might be served quickly. |
But since then very little has been heard of Hambali. | But since then very little has been heard of Hambali. |
An obvious solution? | An obvious solution? |
One of the few unclassified documents mentioning him is a review of detention at Guantanamo Bay on 28 March 2007, which reveals that he denies at least some of the charges against him. | One of the few unclassified documents mentioning him is a review of detention at Guantanamo Bay on 28 March 2007, which reveals that he denies at least some of the charges against him. |
Other papers show he is regarded as a "high-value" detainee - a US military term for someone believed to be from the highest ranks of al-Qaeda. | Other papers show he is regarded as a "high-value" detainee - a US military term for someone believed to be from the highest ranks of al-Qaeda. |
Indonesia's policy of routinely granting sentence remissions to nearly all prisoners continued to benefit convicted terrorists, resulting in several early releases Country Reports on TerrorismUS state department, 30 April 2007 | Indonesia's policy of routinely granting sentence remissions to nearly all prisoners continued to benefit convicted terrorists, resulting in several early releases Country Reports on TerrorismUS state department, 30 April 2007 |
But he has never faced trial, and the US Department of Justice has confirmed that Hambali was not one of the detainees charged by the military commission. | But he has never faced trial, and the US Department of Justice has confirmed that Hambali was not one of the detainees charged by the military commission. |
Now the Obama administration has given itself a year to close Guantanamo, Hambali's case has become urgent once again. | Now the Obama administration has given itself a year to close Guantanamo, Hambali's case has become urgent once again. |
Observers say it should be one of the most straightforward cases to resolve - an obvious solution being to return Hambali to his home country, Indonesia, to face trial. | Observers say it should be one of the most straightforward cases to resolve - an obvious solution being to return Hambali to his home country, Indonesia, to face trial. |
After all, most of the major crimes he is accused of were carried out in Indonesia - and the US has frequently lavished praise on Indonesia's attempts to battle Islamic militancy. | After all, most of the major crimes he is accused of were carried out in Indonesia - and the US has frequently lavished praise on Indonesia's attempts to battle Islamic militancy. |
'Petty squabbles' | 'Petty squabbles' |
But beneath the surface, analysts say there has been friction between the two countries. | But beneath the surface, analysts say there has been friction between the two countries. |
In a 2007 review of anti-terrorism policies in Asia, the US state department pointed out: "Indonesia's policy of routinely granting sentence remissions to nearly all prisoners continued to benefit convicted terrorists, resulting in several early releases." | In a 2007 review of anti-terrorism policies in Asia, the US state department pointed out: "Indonesia's policy of routinely granting sentence remissions to nearly all prisoners continued to benefit convicted terrorists, resulting in several early releases." |
Victims' families say they still do not really know what happened in Bali | Victims' families say they still do not really know what happened in Bali |
And no Indonesian official has ever been allowed to interview Hambali at Guantanamo - something which Indonesia expert Kirsten Schulze, from the London School of Economics, says has caused problems in the past. | And no Indonesian official has ever been allowed to interview Hambali at Guantanamo - something which Indonesia expert Kirsten Schulze, from the London School of Economics, says has caused problems in the past. |
"Instead of two governments which actually do have a good working relationship working together and sharing information to build a solid case [against Hambali], you have organisations not sharing because there are petty squabbles going on," she said. | "Instead of two governments which actually do have a good working relationship working together and sharing information to build a solid case [against Hambali], you have organisations not sharing because there are petty squabbles going on," she said. |
Indonesian foreign ministry spokesman Teuku Faizasyah told the BBC last week his government had not yet taken a decision on whether to ask the US to extradite Hambali. | Indonesian foreign ministry spokesman Teuku Faizasyah told the BBC last week his government had not yet taken a decision on whether to ask the US to extradite Hambali. |
But he said Indonesia had made several requests to see Hambali - the most recent communication coming after President Obama was elected. | But he said Indonesia had made several requests to see Hambali - the most recent communication coming after President Obama was elected. |
"When we heard about the intention to close Guantanamo, we contacted the American government to ask to be given access to Hambali - but we have not received any conclusive feedback," he said. | "When we heard about the intention to close Guantanamo, we contacted the American government to ask to be given access to Hambali - but we have not received any conclusive feedback," he said. |
Balancing act | Balancing act |
Families of victims of the Bali attacks have also expressed concern that a conviction in either the US or Indonesia could lead to the death penalty. | Families of victims of the Bali attacks have also expressed concern that a conviction in either the US or Indonesia could lead to the death penalty. |
Susanna Miller, whose brother was killed in the Bali bombing, says execution would act as a propaganda tool for the militants by making them martyrs in their supporters' eyes. | Susanna Miller, whose brother was killed in the Bali bombing, says execution would act as a propaganda tool for the militants by making them martyrs in their supporters' eyes. |
She has been lobbying the US government for a number of years to release Hambali to an international court, in the hope that the truth about Bali could emerge without Hambali being executed. | She has been lobbying the US government for a number of years to release Hambali to an international court, in the hope that the truth about Bali could emerge without Hambali being executed. |
"I and a great many of the other relatives just want the full story of the Bali bombings - how they happened, who did it, where the finance came from, where the intelligence came from, where the bomb-making capabilities came from," she said. | "I and a great many of the other relatives just want the full story of the Bali bombings - how they happened, who did it, where the finance came from, where the intelligence came from, where the bomb-making capabilities came from," she said. |
"At the moment, it's not clear." | "At the moment, it's not clear." |
Which points to another possible difficulty - is there enough permissible evidence to convict him? | Which points to another possible difficulty - is there enough permissible evidence to convict him? |
A US Department of Justice spokesman said Hambali's case would be reviewed along with the cases of all the other Guantanamo detainees. | A US Department of Justice spokesman said Hambali's case would be reviewed along with the cases of all the other Guantanamo detainees. |
He said it was too soon to comment on possible outcomes of the review. | He said it was too soon to comment on possible outcomes of the review. |
But the difficulties in resolving Hambali's case are almost certain to be repeated for each one of those held at Guantanamo Bay. | But the difficulties in resolving Hambali's case are almost certain to be repeated for each one of those held at Guantanamo Bay. |
It is a delicate balancing act for the Obama administration - juggling legalities, diplomacy and the requirements of justice. | It is a delicate balancing act for the Obama administration - juggling legalities, diplomacy and the requirements of justice. |
The fear is that some detainees could be punished for crimes they did not commit, while dangerous criminals may be set free. | The fear is that some detainees could be punished for crimes they did not commit, while dangerous criminals may be set free. |
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