Human rights organization deplores death pinalty

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."