VZCZCXYZ0001
PP RUEHWEB

DE RUEHJA #4364/01 0940946
ZNR UUUUU ZZH
P 040946Z APR 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC PRIORITY 2259
INFO RUEHJA/AMCONSUL SURABAYA 1319

UNCLAS JAKARTA 004364 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
FROM AMCONSUL SURABAYA 0974 
 
DEPT FOR CA/OCS/ACS/EAP, EAP, EAP/IET AND DRL/IRF 
 
E.O. 12958:  N/A 
TAGS: CASC PHUM PGOV KIRF ID RAY DAVID WILLIAM
SUBJECT: AMCIT RECEIVES FIVE MONTH SENTENCE FOR VISA 
VIOLATION; INDONESIAN GETS 30 MONTHS FOR BLASPHEMY 
 
REFS: A. 05 JAKARTA 15035; 
 
      ¶B. SURABAYA/OCS E-MAIL UPDATES NOV 2005-MAR. 2006; 
      ¶C. JAKARTA 001449 
 
¶1. (U) Summary:  On March 29, the court in Sampang, Madura 
found U.S. citizen David Ray guilty of violating his student 
visa and sentenced him to five months in prison.  Counting 
time served, Ray likely will go free the week of April 14, 
barring a prosecution appeal.  The court found Ray's 
colleague, Indonesian citizen Thomas Robben, guilty of 
 
insulting religion (blasphemy) and sentenced him to two and 
a half years in prison.  End summary. 
 
¶2. (SBU) Per reftel A, local Sampang authorities have 
detained Mr. Ray since November 13, 2005 for an immigration 
violation. ConGen Surabaya managed to get Mr. Ray 
transferred to East Java Police Custody in Surabaya in order 
to facilitate ACS visits and those by family, friends, and 
legal counsel. Once the trial began in January, he went back 
to Sampang police/prosecution custody.  On Mar 29, after a 
two-month trial, Mr. Ray received a guilty verdict from a 
three-judge panel.  The maximum sentence in such cases can 
run up to five years.  The Prosecution had asked for an 
eight month sentence, but the judges reduced that to five. 
With time served, Mr. Ray could go free as soon as the week 
of April 14. The release date depends on cooperation from 
the prosecution, as they might appeal the judges' decision. 
 
¶3. (SBU) The visibly agitated judges read the verdict in 
front of a tense courtroom packed with local villagers 
(Muslim) seeking a stiff sentence for Thomas Robben.  The 
judges found Mr. Robben guilty of insulting religion 
(blasphemy) and sentenced him to 2.5 years, just short of 
the three years that the prosecution sought.  As Mr. Robben 
moved from the courtroom back to the holding cell, the crowd 
shouted insults at him and some tried to force their way 
towards him.  The local police force, dispatched 
specifically for the trial, held the crowd back and Mr. 
Robben returned safely to his holding cell. 
 
¶4. (SBU) The courtroom emptied for Mr. Ray's verdict, 
although a crowd of 150 or 200 in the courthouse parking lot 
proceeded to stage a demonstration against Mr. Robben and 
Mr. Ray.  During the trial, some demonstrators entered the 
atrium of the courthouse and began to chant `Hukum Mati' or 
`Death Penalty' for Mr. Ray and Mr. Robben.  The police 
quickly moved the protestors into the parking lot and closed 
the courtroom doors. 
 
RAY AND ROBBEN BOTH DECLINE TO APPEAL 
------------------------------------- 
 
¶5. (SBU) After the verdict, Mr. Ray stated that he had no 
intention of appealing his sentence, would serve out the 
remaining two weeks and return to Malang where his AmCit 
wife and two sons reside.  Regarding his status as a 
student, the court made no decision about his visa; Mr. Ray 
plans on visiting Malang immigration upon release to clarify 
whether his visa remains valid. Post sees it as likely that 
Immigration will order Mr. Ray expelled from Indonesia; we 
do not know whether he could apply for a new visa to return. 
 
¶6. (SBU) For unknown reasons, Mr. Robben also has decided 
not to appeal. We had unconfirmed reports that local prison 
authorities had passed veiled allusions of retaliation from 
Sampang prosecution if he decided to appeal. 
 
A LONG STRANGE ROAD. 
-------------------- 
 
¶7. (SBU) Throughout this strange trial for a minor 
immigration violation, the prosecution seemed intent on 
retaining Mr. Ray in custody for as long as possible and 
refused to release him under "home arrest" while awaiting 
trial (a common practice for minor offenses).  The 
reluctance of the prosecution to release Mr. Ray most likely 
stems from public pressure to punish Mr. Ray - the 
prosecution several times sought to link Mr. Ray with the 
religious blasphemy charge faced by Mr. Thomas Robben. 
Ray's legal counsel told us that the judges feared local 
reaction if they did not prosecute Mr. Ray, telling him "who 
will be responsible if the court burns down?" 
 
¶8. (SBU) Colleagues of Mr. Ray's from Crossworlds 
International, a US-based Christian organization, also 
indicated that the whole episode could have resulted from a 
fight over money and from local jealousies in a very rural 
and conservative part of Madura. Mr. Ray had charge of funds 
for a humanitarian project (building a small dam) for a 
community of former internally displaced persons (IDPs) 
Madurese who had emigrated to Kalimantan, but then returned 
to the Sampang area. Neighboring villages apparently 
resented the focus on this group of "non-locals" and 
demanded that they also get a "project" and receive funds 
from Mr. Ray's organization.  Local politicians apparently 
flamed the discontent; subsequently they made various 
charges at Ray and Robben, including proselytizing, 
distributing bibles, and insulting religion (blasphemy). 
 
9  (SBU) This case highlights a troubling reality - the 
poorly written criminal code allows for misuse of the legal 
system for personal and political gain.  PASCOE