Death penalty serves terrorist goals: Experts

Tiarma Siboro, The Jakarta Post, Jakarta

A death sentence will not put an end to the cowardly acts by terrorists, as the ones that are allegedly committing them in the name of religion, believe that their death will earn them status as syuhada (martyrs), according to a legal expert and a rights activist.

Topo Santoso from the University of Indonesia and Bambang Widjoyanto, former director of the Indonesian Legal Aid Foundation (YLBHI), expressed concerns over the weekend that a death sentence could even provoke other people with similar beliefs to emulate Amrozi and his cohorts.

Amrozi was sentenced to death by the Denpasar District Court on Thursday after a panel of judges declared him guilty of helping organize last year's deadly bombings in Denpasar, Bali. Besides Amrozi, another 29 terrorist suspects are being tried in the court and could possibly recieve a similar sentence.

"I think the main goal in sentencing criminals to death is to prevent others from doing the same crime. In the case of terrorism, I don't see that the death sentence will prevent perpetrators because they have been indoctrinated to die for what they believe in," Topo said.

Bambang said a death sentence might affect corruptors because most of them wanted to live and spend their ill-gotten wealth, but for terrorists like Amrozi, death was their ultimate goal.

Frans Hendra Winarta from the National Law Commission (KHN), nevertheless, said that terrorists should be sentenced to death because "they inflict severe suffering on the victims, spread everlasting horror, and affect all aspects of life, including economy, society and politics.

"As a lawyer, my personal position is usually against capital punishment. But in certain situations, I can accept it (the sentence)," Frans said.

"With regard to terrorism, I support the death penalty because they (terrorists) are committed to their beliefs and nothing will ever change them. Nothing."

Upon hearing Amrozi's verdict, most victims of the Bali bombing and their relatives expressed satisfaction, saying that "Amrozi will be dead."

More than 200 people, mostly foreign holidaymakers, were killed and hundreds of others injured when terrorists attacked two nightclubs, Paddy's and the Sari Club, on Bali last October.

Police have linked the bombers with Jamaah Islamiyah (JI), a regional terrorist group allegedly connected with al-Qaeda, which is blamed for the Sept. 11, 2001 attack in the United States that killed more than 3,000 people.

Security officers have also linked JI with last week's blast at the American-owned Marriott hotel in South Jakarta. At least 10 people were killed and more than 150 others injured in the alleged suicide bombing.

Apart from the people's reactions, Amrozi appeared to welcome the verdict and even showed a big smile and displayed two thumbs up to onlookers just seconds after the panel of judges pounded the gavel.

"The sentence could lead some to believe that Amrozi is an actual martyr," Bambang told The Jakarta Post.

Even though it was strongly believed that law enforcement could curb terrorist activities in the country, Topo said international events would be dominant factors in determining whether or not such threats could be ended.

Topo was referring to foreign policies imposed by certain countries, including the United States and Australia, which many potential terrorists perceive as unjust, especially with regard to the various issues in the Middle East.

Bambang suggested that courts impose a life sentence on terrorists as he believed that during their stay in jail, the state would have a chance "to give a lighter, more humane punishment."

Chronology of executions since 1980

1980 Jan. 5: Hengky Tupanwael, convicted for murder in 1964.

Feb. 6: Kusni Kasdut, convicted for murder in 1964.

1983 Apr. 13: Islamic fundamentalist Imron bin Mohammed Zein, convicted for hijacking and other acts of terror.

1985 Feb. 14: Islamic fundamentalist Salman Hafidz, convicted for his role in the same acts of terrorism as Imron bin Mohammed Zein.

May 14: 1965 alleged coup plotter and political prisoner Mohamad Munir executed.

July 1-3: Coup-related prisoners Djoko Untung, Gatot Lestario, and Rustomo are secretly executed, despite appeals from foreign governments and human rights groups to spare their lives.

1986 Sept. 12: Islamic activist Maman Kusmayadi is executed.

Sept. 26 - early October: Nine coup-related prisoners -- Syam alias Kamaruzaman alias Achmed Mubaudah, Supono Marsudidjojo alias Pono, Mulyono alias Waluyo alias Bono (all three apparently executed on Sept. 26), Amar Hanefiah, Wirjoatmodjo alias Jono alias Tak Tanti, Kamil, Abdulah Alihamy alias Suparmin, Sudijono and Tamuri Hidayat.

1987 Oct. 31: Liong Wie Tong alias Lazarus and Tan Tiang Tjoen, both convicted for murder in 1962.

Nov. 17: Coup-related prisoner Sukarman was secretly executed on East Java's Madura Island.

1988 April: Islamic activist Abdullah Umar probably executed during this month.

June/July: Islamic activist Bambang Sispoyo was probably executed at some point during these two months.

Oct.15: Coup-related prisoners Sukarjo and Giyadi Wignyosuharjo.

1992 December: Sergeant Adi Saputro, sentenced to death for murder.

1995 Malaysian national Chan Ting Chong alias Steven Chong, sentenced to death in 1986 by West Jakarta District Court for heroin possession.

2001 May 19: Gerson Pandie and Fredik Soru, sentenced to death for a multiple murders in 1989, are executed in a forest east of Kupang, the capital of West Timor.