Zacarias Moussaoui, charged with terrorist conspiracy in connection with the 11 September attacks, has been found eligible for the death penalty, reports Tamam Ahmed Jama from Paris The jury in the death penalty trial of Zacarias Moussaoui, the only person charged in the United States in connection with 11 September, decided on Monday that he is eligible for execution for his role in the deadliest terrorist attacks in American history. Reading the verdict outside the courthouse in Alexandria, Virginia, a court spokesman said: "By this verdict, the jury has found that death is a possible sentence in this case." Moussaoui pleaded guilty last year to six counts of terrorist conspiracy, including air piracy and murder. Four of the six charges against him, including conspiracy to use weapons of mass destruction, can carry the death penalty. When the jury asked the definition of weapons of mass destruction, the presiding judge, Leonie Brinkema, said that the phrase meant, in this context, the use of an airplane as missile or a bomb. Under US federal law, individuals who either kill or directly cause death may be executed. The prosecutors in this capital case have argued that, if Moussaoui had not lied to FBI agents when he was arrested weeks before the 11 September attacks, the Al-Qaeda plot could have been unraveled and therefore the tragedy may have been averted. The prosecution's argument had two main components: first, if Moussaoui told federal agents about Al-Qaeda plans at the time of his arrest, the FBI would have launched a massive manhunt that could have led to stopping the hijackers in time to head off the tragedy. Secondly, the Federal Aviation Administration would have been alerted so it could heighten security in all airports, which could have also contributed to stopping the hijackers. Before voting on Moussaoui's eligibility for the death penalty, the jurors had to assess whether the prosecution had proven that Moussaoui intentionally lied to FBI agents when he was arrested in August 2001 -- conscious that lives were going to be taken -- and whether the deaths in the 11 September attacks were a direct result of Moussaoui's lies. The prosecution had argued that Moussaoui -- by deliberately keeping silent about the plot after he was arrested and interrogated by FBI agents -- was just as responsible for the tragic deaths of the 11 September attacks as if he himself had crashed the planes into the buildings. "They would be alive today if he had told the truth and that is why he is eligible for the death penalty," prosecutor David Raskin told the jury in closing arguments. Almost 3,000 people lost their lives in the 11 September 2001 terrorist attacks on the World Trade Center in New York and the Pentagon in Washington. Given the legitimate anger in America over what happened on that fateful day, questions have been raised throughout the trial as to whether Moussaoui could get a fair trial -- decided on the facts and evidence presented in court, and not on emotions. "There is a great deal of anger over the horrible acts that took place here and a feeling that justice demands that appropriate measures be taken, that someone be held to account for what happened" Robert Turner, co-founder and associate director of the Center for National Security Law at the University of Virginia School of Law, told Al-Ahram Weekly. "A lot of people were glad that they caught someone who might be responsible. On the other hand, there were concerns that the fundamental principle of presumption of innocence might be sacrificed at the altar of the war on terror." In a dramatic turn in the trial, Moussaoui took the stand last week, against strong objections by his court-appointed lawyers who were worried that he was going to incriminate himself. The defense team's fears were confirmed as Moussaoui said exactly what the prosecution wanted him to say all along: that he was part of the 11 September plot. He said that he was supposed to fly a fifth hijacked plane into the White House on that day. This confession contradicts Moussaoui's earlier testimony in which he said he was not part of the 11 September plot but was preparing for a separate scheme to strike targets in the US. Moussaoui also confessed to another crucial component of the prosecution's case: that he deliberately lied to FBI agents when he was arrested in August 2001 to conceal the plans of the hijackers so that the 11 September attacks could go forward. "I think that he has hurt his case and increased the likelihood that he will get the death penalty," Turner said. He added that Moussaoui may have made the stunning, last minute confession -- contradicting the testimony he stood by throughout the trial that he was not involved and had no prior knowledge of the 11 September plot -- because he prefers to die instead of spending the rest of his life in a prison cell. If his life is spared, life in prison without parole will be the alternative sentence. The jury decision that Moussaoui is eligible for the death penalty does not mean that he will be put to death for sure; it means that the jurors thought that the death penalty is an appropriate punishment in this case. The trial now enters a final phase in which the jury will consider whether Moussaoui should be executed. Opinion polls show that the majority of Americans still favour the death penalty in extreme cases. "There is a consensus in America that some criminal acts are so horrendous that the death penalty is wholly appropriate punishment," Turner said. "Someone involved in a conspiracy to murder thousands of innocent people could easily fit in this category." He added that in capital punishment cases, the defendant is afforded additional procedural safeguards to ensure that justice is done and is seen to be done. Hence the different phases of Moussaoui's death penalty trial. Moussaoui, a 37-year-old French national of Moroccan descent, was first detained on immigration charges in August 2001 after he aroused suspicion while attending a flight school in Minnesota. He initially told FBI agents that he wanted to learn to fly planes for personal enjoyment. Moussaoui's eccentric behaviour and frequent outbursts in the courtroom have repeatedly raised questions about the state of his mental health. The defense lawyers have been trying to portray him as an incompetent witness, saying that he was a fantasist, an "Al-Qaeda hanger-on" and "nuisance" who lied about his involvement in the 11 September plot -- "trying to write a role for himself in history." They said that he was boasting about being involved in the plot while in fact he was sitting in jail when the attacks took place and had nothing to do with them. They argued that federal officials knew more about Al-Qaeda's plans than did Moussaoui. Statements by top Al-Qaeda detainees in US custody read in court also cast doubt on Moussaoui's role in the attacks. The final phase of the trial is expected to resume after a short recess. The prosecution will introduce additional evidence to persuade the jury that Moussaoui deserves to die. Members of the families of the victims of the 11 September attacks will testify, relating the impact of their losses on their lives. The defense is expected to present evidence showing that Moussaoui is a troubled individual, mentally unsound to stand trial. The use of the death penalty is a point of divergence between the US and Europe. Many in Europe are perplexed by the continued application in the US of a form of punishment that they see as outmoded and inhumane. "The European Commission is opposed to the death penalty because this form of punishment is not compatible with the fundamental values of modern Europe," a European Commission source, which wished to remain anonymous, told Al-Ahram Weekly. This view is not limited to the 25 states that make up the European Union. There is an overriding consensus in the continent that the death penalty is not consistent with respect for human rights and has no place in modern democratic societies. No country in the 46-member Council of Europe -- which includes East and Central European nations -- has applied the death penalty for more than a decade. All, with the exception of Russia, have abolished it altogether. And even in Russia, while the death penalty is still in the statute books, it is no longer carried out. Moussaoui's native France abolished the death penalty 25 years ago. "We don't think it is an effective form of punishment but beyond that, putting people to death is regarded here in Europe as a fundamental human rights issue," the European Commission source said.
