Agus Budiman: “They say the hijackers m et at my place"

IT was a cold morning in Washington, DC, in September 2001. In a white room with gray carpet on the 15th floor of an apartment block in Alexandria, three brothers were getting ready to face the new day. They were quickly aroused from their early morning reveries by a loud banging on the door. “Who is it?" one of the brothers asked while opening the door. The answer from the two men at the door was brief and to the point. “FBI," they said as they held up their badges.

The two federal agents were seeking Agus Budiman, a young man from Tanjung Duren, West Jakarta, whom they accused of having been in contact with Muhammad Atta and his accomplices. The name of Muhammad Atta had become a byword for terror in the US. The Egyptian was accused of involvement in the 11 September 2001 attack on the World Trade Center in New York. And whoever had ever been in contact with Agus automatically came under ultra-tight surveillance by US law enforcement agencies.

Agus was impressed by just how careful the two agents from the Federal Bureau of Investigation (FBI) were. Their hands and feet were positioned in such a way that the apartment door could not be closed. One of them asked: “Are you Agus Budiman?" “Yes," replied Agus. At the time he was wearing his delivery boy's uniform, which displayed his name on the front.

The two agents then asked to be allowed in for a couple of minutes. Agus showed them in and asked them to have a seat. There were a number of unopened cardboard boxes in one corner of the room. Framed verses in Arabic from the Qu'ran were lying on the floor. The reason was that Agus and his brothers had only just moved to the apartment two months before and had not yet a chance to tidy the place up.

In the end, the couple of minutes turned into two hours. And Agus found himself faced with a very serious charge: that he was a contact for Muhammad Atta, a hijacker of one of the planes that slammed into the World Trade Center (WTC) six days before. The interview with the federal agents was the start of a series of traumatic events that Agus would never have dreamed could have happened to him.

Agus, an architect trained in Bremen, Germany, suddenly found himself the target of the American mass media. “I felt abused by what was reported in the Western media," he told TEMPO. He found himself labeled a terrorist. The American people were still enraged by the tragedy and were hell-bent on revenge.

Agus Budiman then found himself wandering dazed through a nightmare from which he could not awake. He was arrested, interrogated and successively incarcerated in a number of federal prisons-Arlington, Pamunkey and eventually Alexandria. “In fact, I came to America with the best of intentions. I only wanted to work in my chosen field of architecture," he said slowly.

The 31-year-old still has happy memories of his time as a teenager in Jakarta. When he was still a student in Senior High School 46 Jakarta, he was a pinup finalist for Gadis magazine. He was also active in sport, including roller-skating and table tennis. His time in Germany was a period of maturing for Agus, and he also became more aware of his religion and its significance in his life. He became active in a number of Islamic organizations, both domestic and international.

After nine months languishing in jail, Agus's American lawyer finally managed to prove his innocence and his long and exhausting nightmare came to an end. He returned home to Indonesia two weeks ago to tears and embraces from his family, who still live in the family home in Tanjung Duren, West Jakarta.

Last week, he agreed to be interviewed by TEMPO journalists Andari Karina Anom, Nugroho Dewanto, and Hermien Y. Kleden. The interview, which in all lasted seven hours, was conducted in two separate places, the offices of his attorneys, Sholeh, Adnan & Associates in Central Jakarta, and at the Park Lane Hotel in West Jakarta.

Following are the highlights of the two seperate interviews.

So, you're home now. Do you have any desire to go back [to the US]?

Why not? If the opportunity arises, I want to go back there to work.

How do you view what happened: the charge that you were in contact with the terrorists who attacked the World Trade Center?

That was a disaster, and nothing to do with me. I always try to get on well with everyone. I became involved because of two things, my address and my identity card violations.

Tell us about the address problem.

My old address was right beside the Pentagon. And it was this address that was used for the visa application by Muhammad Belfas bin Nasser (an acquaintance of Agus in Germany, see TEMPO, 30 December 2001-Ed). My former identity card gave this address, but in reality I had never lived there. It was my brother Faisal that lived there.

Why was there such a problem about the address?

Because they [the FBI] believed that the address was being used by them, the terrorists. So when they arrived, they were surprised to only find my little brother. And there still wasn't much in the apartment as we had just moved. They thought it was being used as a base.

What about the charge that you helped get a false ID card for Muhammad Belfas?

I was asked about this by the judge in court. I said, Belfas was a Muslim teacher who had frequently given talks at the Indonesian Consulate General in Hamburg. When he asked me if he could use my address in America to get an ID card and driver's license, I agreed. He could I refuse to help him? What sort of person would I be if I had refused?

What was the essence of your interview with the FBI during the first meeting on 17 September 2001?

They showed me photos of Muhammad Atta and asked me if I knew him. I answered them honestly. I knew him in Germany as Muhammad El Amir, not Muhammad Atta. The FBI kept questioning me for two hours and I was late for work. That night I was interviewed again in the FBI office from 12 midnight until 7am. They asked me the same questions as they had asked me in the morning.

What sort of questions?

Basically, they kept asking me about the address that I had given to the hijacker, Atta, and his accomplices. I told them I didn't know what they were talking about.

Were your rights respected during the interviews?

In my opinion there were a number of violations. First, I was interviewed without a lawyer being present. In fact, when they brought me to the FBI office, they didn't read me my rights (Miranda Warning)-you know, “You have the right to remain silent," and so on. These are standard procedures that must be gone through before an interview.

Were there any other violations?

When they were bringing me from my apartment to the FBI office, they suddenly blocked off the parking lot of the apartment block. In fact, they can't do this without a warrant. And the information they put forward in the court all came from me. There was nothing put forward except negative information and that which prejudiced me. Then, during the second meeting, they gave me a polygraph test. But, in reality, such a test shouldn't be given without permission. They also told me I didn't need a lawyer.

Why didn't you complain about all this?

I didn't say anything at the time because I didn't understand the procedures. I've never had a criminal record or dealings with lawyers.

How did you feel after being interrogated for hours on end?

The first interview was on September 17. During the second interview, I was tired and tense. They didn't let me out until dawn. They said they were going to come again to search my apartment. I told them I had done nothing wrong, and to go ahead and search it. Then they came to my apartment.

How long did they spend searching your apartment?

Around 20 minutes. Only two of them came into the apartment, but I know there were lots of them surrounding the apartment block. When they found nothing, they went away. They said: “Thanks, you're tough." They also said they would come again if the need arose. I told them to come whenever they wanted to as I didn't have anything to hide. But, I was beginning to get scared. Let's face it, these weren't ordinary cops, but FBI. Before this, I only knew about the FBI from the movies. Now I was up against them in person.

So what exactly did the FBI want to know about Muhammad Atta?

They wanted to know if I knew Muhammad Atta, and had helped him and his group move to America. I told them that I had once helped him, but only to move his things when he was moving house in Germany. And that was in 1998. So it had nothing to do with September 11. My meeting with Atta then was just a coincidence; it was never planned.

How did you first meet Atta?

When I wanted to move house in Germany, I asked a German Muslim friend if I could borrow his car to shift my things. The next day, my friend said he had already promised to lend his car to an Egyptian named Muhammad. He only said Muhammad, not the full name. He then said he would ask Muhammad if I could use the car. My friend later phoned me to say that the Egyptian had said it was OK.

So, you and Atta helped each other to move house?

When we met, he said his name was Muhammad El Amir, and we helped each other to move. In the afternoon, I helped him to move his gear, and in the evening he helped me to move mine. But the media said I had helped him and his group to move to America because the house to which I had helped him move was later lived in by one of the hijackers. In fact, I know nothing about any of that. When I came there, the house was empty. There was all the gear, OK, but only what we had moved.

How do you know that the person you helped was, in fact, Atta?

I knew him by the name Muhammad El Amir.

When did you find out that Muhammad El Amir was in reality Muhammad Atta?

When the FBI were interrogating me. They showed me his photo.

What was Atta's house like, the house you helped him move to?

It was empty. Nothing there except what we brought. The floor was still bare, no carpet. When I arrived, there was nobody there except Atta. I don't know what the FBI were talking about when they said it was used as a base for the hijackers.

What was the Muhammad Atta that you knew like?

He seemed to be a friendly person. He was well-spoken.

According to the foreign media, he had a very unusual way of looking at people. Is this true?

As far as I remember, he was normal. Don't believe what you read in the foreign media.

How often did you meet him?

I only ever met him by coincidence. We never arranged to meet.

What did your lawyer, Marc Trash, say to you?

At the third hearing, he gave a very interesting analogy. If a person burns a flag on the street and I happen to be on the same street, this doesn't mean that I supported the burning of the flag. He also compared the case to a wheel (Agus drew a wheel with its hub and spokes). The center is the big boss of the whole thing. The spokes are like Muhammad Atta and his accomplices. When the wheel moved, I was on the road passed along by it, but I wasn't part of it. It was only a coincidence that I was passed by the wheel.

How do you view the reporting in the foreign media of your case?

A lot of what they said was wrong and defamatory. As a result, every time one of these stories cropped up, I was put into solitary confinement. The reason was for my own safety, but in reality it was torture for me. I was only allowed a break for one or two hours every 24 hours. I became emotionally upset as I was always tense. When in solitary, I couldn't contact anyone. I was like that for more than four months.

Which prisons were you held in?

In Arlington, Pamunkey, and Alexandria federal prisons. The weather was still cold and I had to sleep on a really thin mattress. But the worst of all was the isolation cell, which was only 2 x 2 meters. The floor was dirty and the smell of insect repellant was awful.

What about your religious duties?

I continued to perform my religious duties. I only guessed when it was time to pray. My guide to the time was when they brought me my food.

What did you do while in prison?

I thought a lot and read the Qu'ran. What was good was that I could attempt to convert other convicts to Islam. I could also recite the call to prayer, albeit in a confined space.

What about the court hearings?

The most memorable was the fourth one [in East Alexandria district]. I was brought into the courtroom in prison garb and wearing handcuffs. The guards were wearing full protective gear, like presidential bodyguards. The roads to the courthouse were cordoned off. We went straight through-red lights and all.

How far was the prison from the courthouse?

Only about five minutes by car. But the security was extraordinary. Everyone thought I was a big-time terrorist. During the hearing, my lawyer, Marc Trash, pointed out a number of things. First, all the evidence presented at the hearing had come from me. Second, they said I had violated H1B by living and working illegally in America, but this wasn't true. It was said I had supplied an address to and had contact with the hijackers. I said: “Go ahead, check all my e-mails, phone calls, letters, and the list of guests who had visited my apartment [every guest must sign his name in the visitors book at reception]."

Did the judge also ask you about the car that was used by you and Atta in Germany?

Yes, the judge asked me why I had gone to such trouble to use the same car as Atta. I said it was no trouble. It was a coincidence that we wanted to borrow the same car. That was all.

So, what about the charge that you were a terrorist contact?

I said there was no evidence to charge me with being a contact. I was never their contact! And I don't know anything about Atta and his friends. This contact business has nothing to do with me. Then the judge asked me why my ID card had frequently been used by Belfas. I told him that he had often given talks at the Indonesian Consulate General in Hamburg. When he asked me could he use my address for getting an ID card and a driver's license, of course I said yes. If someone asks you for help, how can you refuse?

Why did you go to America at the beginning? At first you were in Germany...

After graduating in Germany, I went to America with nothing. I tried not to impose anymore on my parents, bearing in mind that they had paid for me during my eight years in Germany. So, I wanted to be independent. As I had no money, I got a job as a document courier. If the documents were going to an architect's office, I would ask if they were looking for an architect.

What response did you get?

They were usually surprised that a courier would ask something like that. Then I would explain to them that I was an architect graduated in Germany. Lots of companies accepted my applications, but there was always the problem that I didn't have a work permit.

In the end, did you get a job as an architect?

I later met up with a Muslim architect of Arab descent. After he saw my resume, he asked me to view a project that he was working on. He appeared to be genuinely interested in me, and we both thanked God that we had met.

Did he sponsor you to get a work permit?

Yes. In reality, the permit was issued in July [2001] but it wasn't forwarded to me. It was only in September that I eventually received it. It has always been alleged that I overstayed, but, in fact, I had never overstayed as I was always going back and forth between America and Europe.

One more thing: you have been accused of being a terrorist and being a contact for terrorists? How do you feel now?

I have never done anything wrong in my life. I'm not a terrorist, and I have no contact with terrorists. What does the word “terrorist" mean? How do they define terrorism?

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