DUE PROCESS

Judge Brinkema

In keeping with the news of bin Laden's death it is perhaps important to note that;  on the 3rd May 2006 the jury reached a verdict in the trial of Zacarias Moussaoui: that Moussaoui be sentenced to life in prison without the possibility of parole. Moussaoui was sentenced to six consecutive life terms on May 4, as trial Judge Leonie M. Brinkema expressed her belief that the sentence was an appropriate one, inasmuch as it would deprive Moussaoui of "martyrdom in a great big bang of glory" and of the "chance to speak again", after Moussaoui entered the courtroom proclaiming his victory and asserting that the United States would "never get Osama bin Laden". As he was leaving the courtroom he said, "America, you lost and I won." And he clapped his hands twice.

Zacarias Moossaoui

On December 11, 2001, Moussaoui had been indicted by a federal grand jury in United States District Cour for the Eastern District of Virginia on six felony charges: conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to commit aircraft piracy, conspiracy to destroy aircraft, conspiracy to use weapons of mass destruction, conspiracy to murder United States employees, and conspiracy to destroy property. The indictment of Zacarias Moussaoui named as unindicted co-conspirators Ramzi Bin al-Shibh and Mustafa al-Hawsawi, among others, for their role in the attack "to murder thousands of innocent people in New York, Virginia and Pennsylvania"

Despite the impassioned pleas by the prosecution and horrific recordings of people facing imminent death, the jury did not return with a verdict for the death penalty. It may have only been one of two jurors who held out against capital punishment, but that is what the rule of law is about. There are higher civilised principles that override vengeance. The Universal Declaration of Human Rights ensures that "…Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. Article 10 states that

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. It is the failure to implement these rights that can lead some to believe that as a last resort they are rebelling against tyranny and oppression. By ensuring that the rebellious are granted those rights, their allegations of tyranny will fall on deaf ears.

On May 23, 2006, an audio recording attributed to Osama bin Laden said in translation that Moussaoui "had no connection at all with September 11... I am the one in charge of the 19 brothers and I never assigned brother Zacarias to be with them in that mission... Since Zacarias Moussaoui was still learning to fly, he wasn't number 20 in the group, as your government claimed". The voice alleged to be bin Laden also suggested that Moussaoui's confession was "void" as it was a result of pressures applied during his incarceration. We can assume that 'voice' has now been silenced.