Human rights organization deplores death pinalty
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
A legal observer and a rights activist deplored on Thursday the death sentence against Amrozi bin H Nurhasyim, involved in last year's deadly Bali bombings, saying that the presentation of evidence had not followed the Criminal Court Procedure.
Rudy Satrio, a criminal law expert at the University of Indonesia's School of Law, said the Denpasar District Court had questioned witnesses for hours, despite visible signs that they were already tired.
"It is against the Criminal Code Procedure. A witness, who is tired or not healthy, should not be forced to testify as their testimonies are made questionable," said Rudy, who followed the case via a local television station's live broadcast.
Amrozi -- the first of over 30 suspects of the Bali bombing case to be tried -- was sentenced to death on Thursday after the Denpasar District Court declared him guilty of committing a terrorist act that killed more than 200 people and injured 350 others on Oct. 12, 2002. The judges gave him one week to appeal the ruling.
Rudy also criticized the court for hearing the testimony of a computer expert, who was allegedly a police officer.
"An expert can not be an officer of an institution involved in the prosecution because the court needs professional and fair confirmations of the evidence," Rudy said.
He also questioned the fact that the hearing was conducted in Denpasar Bali, as the public pressure there might have influenced the court.
"Could the judges stay neutral (in making the verdict)?" asked Rudy.
However, Rudy said that he could still accept the legal arguments of the judges, but suggested that a life sentence was justified and not the death penalty.
Separately, rights activist Ifdhal Kasim of the Institute for Policy Research and Advocacy (ELSAM), concurred with Rudy, saying that capital punishment would not contribute to a more civilized society.
"Despite the fact that the convict has committed a crime of terror, the punishment must not be a revenge," he said.
Both Rudy and Ifdhal agreed that capital punishment was not the answer to terrorist attacks in the country.
"Some radicals might perceive that the punishment is the result of pressure from Western countries and thus, those who are sentenced to death will become heroes," Rudy warned.
Amrozi, has repeatedly said that he wants to die as a martyr.
Australian Prime Minister John Howard welcomed the sentence against Amrozi, who is found guilty of planning and helping to execute the attack.
As many as 88 Australians were among the people killed in the tragedy.
"I'm sure I speak for all Australians in welcoming the guilty verdict," Howard was quoted by Associated Press as saying.
"Most of all I hope that this verdict provides some sense of comfort to those who lost their loved ones in this tragedy and that they feel in some way that justice has been done," he said.
Howard said the Australian government -- which normally opposes capital punishment -- would not make "any representations to the government of Indonesia that penalty not be carried out."