THE two Malaysians held over the 2002 Bali bombings may have to be detained further in Malaysia when they are repatriated from US detention, for evaluation before they are allowed back into society, a security expert said.

Dr Ahmad El-Muhammady of International Islamic University Malaysia said the two who are being detained for alleged terrorism in the US detention camp in Guantanamo Bay, Cuba, may have to undergo ideological and psychological assessment by the local authorities.

Ahmad, who is also an associate fellow at the International Centre for Counter-Terrorism, said this is important to determine if they still pose a threat to society.

“I don’t see the two being released back to society once they return home. The very least is that they will be detained under the Security Offences (Special Measures) Act (Sosma) or Prevention of Terrorism Act,” he said.

“Then they need to be assessed, ideologically and psychologically, to ensure that they pose no threat to society.

“They also have to undergo special rehabilitation programmes under the police and Prisons Department.”

Mohammed Farik Amin and Mohammed Nazir Lep, along with Indonesian Encep Nurjaman, also known as Hambali, were expected to face trial in a US military court for their alleged roles in the bombings in Bali and Jakarta in 2002 and 2003 respectively, that killed hundreds of people.

Following their arrests in Thailand in 2003, the three were sent to a secret Central Intelligence Agency black ops site, before being moved to Guantanamo Bay in 2006.

The trio were tortured during their time in the black ops site, as revealed in a US Senate report in 2014.

A court document filed by the lead prosecutor in August indicated that Farik would no longer be tried along with the other two defendants.

Ahmad said the initiative to bring home both suspected militants had been made previously, but the effort came to a dead end as the US was committed to bringing the suspects to court.

He said credit must also be given to the US government for wanting to seek closure to the case.

“The previous administration had worked to bring the two men home, but the US at the time was adamant that they be brought to justice,” he said.

“This is a huge achievement for the Home Ministry and the Attorney-General’s Chambers, including some other individuals, who have played their part.

“If Malaysia and the US could not agree to this deal, the two may have to spend more time behind bars in the US.”

Ahmad, however, expressed concern over the fate of Hambali.

“I am not sure what will happen to him. Indonesia does not want him, so what’s left for him?

“I am concerned about him. He was once married to a Malaysian, although the marriage did not last long. What is the solution for Hambali?” he said.

‘Evaluate them’

On Sunday, Home Minister Saifuddin Nasution Ismail said the government had yet to decide if it wanted to detain or free Farik and Nazir when they are repatriated.

He said the government was still in discussions to seek their release from US detention.

“We have yet to reach that stage. We only met with them (US authorities) and read profiles and their current status,” he said.

Meanwhile, Mahathir Abdul Rahman of Desak Sampai Mansuh, an anti-Sosma group, urged the government not to detain Farik and Nazir under Sosma if they are repatriated.

He said the two must be assessed before they are allowed to set foot in Malaysia, and any move to keep them behind bars would be barbaric.

“We have to be fair. They have been kept in solitary confinement for more than two decades and God knows how they have been treated,” he said.

“We must not detain them any further. We have to evaluate them before they come home.

“Being held for 20 years without being tried is too long.”

Ahmad said the detention of the two temporarily on the return is inevitable as authorities need some time for evaluation.

“I think they should be allowed to have a normal life, but it has to be done in stages. Once the evaluation is completed, by all means, they should not be targeted,” he said.

“In the meantime, it is the responsibility of the government to make sure that they no longer pose any danger to society.” – October 3, 2023.