Presiding Judge Wesley A Braun of the US Air Force said this when he asked Nazir Lep and Farik Amin if they were aware of this clause in the agreement that was signed between them and the US government.
He also went to great lengths to get an assurance from the duo that they had signed the pact voluntarily without any coercion and were aware of the consequences.
Braun also asked the duo if they had agreed to another clause that stipulated that any sentence to confinement may run from the date that they entered the guilty plea. Both of them answered in the affirmative, according to yesterday’s trial notes sighted by FMT.
In a lengthy and thorough questioning of the duo on some of the stringent clauses in the agreement on the second day of the hearing, Braun said there was also a pact for the court to recommend their repatriation or transfer to a third-party sovereign nation after their guilty plea.
“Under such transfer, you will cooperate with any such nation’s conditions and procedures.
“Should you also fail to submit your waiver of appellate review within 10 days of notice of the action in this commission, the court may withdraw the recommendation,” he told them.
Under the agreement, Nazir and Farik have also waived their right to appeal to any court against the decision or recommendation of the court. The judge appeared very concerned with this clause as he kept asking them if they were aware of the implication.
The agreement also requires them to cooperate fully in the investigation of Indonesian Encep Nurjaman, also known as Hambali, who is the alleged mastermind behind the bombing.
They are required to submit to interviews, depositions, and testimony, and participate in various proceedings or hearings with accurate information.
“Should you fail to comply with this provision, the convening authority could withdraw from this agreement. This cooperation will continue up to 30 days after you are sentenced unless otherwise agreed to by you, your counsel, and the convening authority,” he said.
The judge said the duo have also agreed to withdraw all pending motions except for one which was regarding a request for sentencing credit prior to the signing of the agreement.
A credit is a period of time that will be subtracted from any prison sentence received for a conviction.
On Tuesday, Nazir, 46, and Farik, 48, pleaded guilty to conspiring in the October 2002 bomb attacks in Bali after 20 years of solitary confinement without trial in Guantanamo Bay, Cuba.
Together with Hambali, they have been in solitary confinement since their arrest in Thailand in 2003.
They were first charged in 2018 with nine offences linked to the 2002 bombings of nightclubs in Bali, which killed 202 people, and the 2003 Marriott hotel bombing in Jakarta which led to 11 deaths.
Their pleas, however, made no mention of any link to the 2003 bombing in Jakarta.
As part of the plea agreement, charges of terrorism, assault on civilians and civilian structures, as well as attempted murder were dropped by the prosecutors.