KUALA LUMPUR: Two Malaysian terror suspects, linked to the 2002 Bali bombings, Indonesia's deadliest terrorist attack, who pleaded guilty in the United States (US) military court will face imprisonment for 20 to 25 years under a plea agreement.
Judge Wesley A Braun of the US Air Force made this statement when questioning Nazir Lep and Farik Amin, asking if they were aware of this clause in the agreement they signed with Washington.
He also sought assurance from the two men that they willingly signed the agreement without any coercion and were aware of its consequences.
Braun also inquired if they agreed with another clause stipulating that any imprisonment sentence could be enforced from the date of their guilty plea.
Both answered affirmatively, according to the trial notes sighted by FMT.
In extensive and thorough questioning of both individuals about several strict clauses in the agreement on the trial's second day, Braun said there was an agreement for the court to recommend repatriation or transfer to a third sovereign country after they pleaded guilty.
"Under such transfer, you will cooperate with any terms and procedures of that country. If you fail to file an appeal review within 10 days after notice of action, the court may withdraw that recommendation," he said to them.
According to the agreement, Nazir and Farik also waived their rights to appeal in any court against the court's decisions or recommendations. The judge was seen to be particularly concerned about this clause as he continued to ask if they were aware of its implications.
Additionally, they must fully cooperate in the investigation of Indonesian citizen Encep Nurjaman, also known as Hambali, who is accused of masterminding the bombings.
They also need to agree to interviews, depositions, and statements, as well as participate in various proceedings or hearings with accurate information.
"If you fail to comply with these provisions, the prosecuting authorities may withdraw from this agreement. This cooperation will continue until 30 days after you receive your sentence unless you, your attorney, and the prosecuting authorities agree otherwise."
The judge said both agreed to withdraw all pending motions except one related to the request for sentence credit before signing the agreement.
Credit is the period deducted from any prison sentence received for a conviction.
Last Tuesday, Nazir, 46, and Farik, 48, pleaded guilty to conspiring in the Bali bomb attack in Oct 2002, after being held without trial for 20 years at Guantanamo Bay, Cuba.
They, along with Hambali, have been in solitary confinement since their detention in Thailand in 2003.
They were first charged in 2018 with nine offences related to the 2002 Bali nightclub bombings, which claimed 202 lives, and the 2003 Jakarta Marriott Hotel bombing, causing 11 deaths.
However, their appeal did not mention any connection to the 2003 Jakarta bombings.
As part of the acknowledgment agreement, charges of terrorism, attacks on civilians and public structures, as well as attempted murder, were dropped by the prosecution.
kw: Guantanamo Bay, US, Bali bombing, Terrorism, US Military Court
