Light Sentences for Attack on Christians in Indonesia Condemned


Prosecutors’ refusal to file felony charges said to encourage more violence.

JAKARTA, Indonesia, March 10 (CDN) — Human rights and Christian leaders said a West Java court’s light sentence for Islamic extremists who injured a church pastor and an elder will encourage more violence and religious intolerance.

After those involved in the Sept. 12, 2010 clubbing of the Rev. Luspida Simanjuntak and the stabbing of elder Hasian Lumbantoruan Sihombing of the Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) in Ciketing received sentences of only five to seven months, the Setara Institute for Democracy and Peace released a statement asserting that the judges’ panel was acting under pressure from Muslim extremists.

“The public will think that violence, intolerance, and obstruction of worship are part of their religious worship and duties,” the institute stated regarding the Feb. 24 sentences.

After prosecutors decided to file minor charges citing “insufficient evidence” for assault charges, the judges issued verdicts that have injured people’s sense of justice, and the light sentences set a “rotten” precedent for strengthening the rule of law in Indonesia, according to the institute.

“Specifically, the verdict neither is a deterrent nor does it educate the public that violent acts in the name of religion are serious matters,” according to the Setara statement.

Saor Siagian, attorney for the church, told Compass that the facts of the case had shown that the assailants should have been charged with joint assault under Section 170 of Indonesia’s penal code, which could have resulted in sentences of five to nine years. Instead, prosecutors opted to charge them only with maltreatment under Section 351.

The alleged planner of the attack, Murhali Barda, head of the Bekasi chapter of the Islamic Defenders Front (FPI), received a sentence of only five months and 15 days for “disorderly conduct” (Section 335) even though he should have been prosecuted for incitement and joint assault, Siagian said.

“The trial brought to light facts that pointed toward incitement by Murhali Barda via Facebook, text messages, and orders to the defendants to attack the congregation of HKBP on Sept. 12, 2010 at Ciketing,” said Siagian. “If he had been charged with Section 170 he would have been facing a five-to-nine-year sentence, and Section 160 [incitement] carries a six-year sentence. These are both felonies.”

Judges of the State Court in Bekasi, West Java handed down a seven-month sentence to Adji Ahmad Faisal, who stabbed church elder Sihombing; the prosecutor had asked for sentence of 10 months. Ade Firman, who clubbed Pastor Simanjuntak hard enough to send her to the hospital for treatment, was given a six-month sentence; prosecutors had requested an eight-month sentence. Two under-age defendants were found guilty and turned over to their parents.

Along with Barda of the FPI, eight other defendants received sentences of five months and 15 days: Ismail, Dede Tri Sutrisna, Panca Rano, Khaerul Anwar, Nunu Nurhadi, Roy Karyadi, Kiki Nurdiansyah, Suprianto and one identified only as Ismail; prosecutors had asked for six-month sentences.

During the trial, 100 members of the FPI demonstrated in front of the courthouse, demanding that Barda and the others be immediately released. As each sentence was read out, the demonstrators shouted “Allahu Akbar [God is greater].”

The lawyer for Barda, Shalih Mangara Sitompul, said the verdicts brought about peace between both parties. His client was found guilty of incidents that took place on Aug. 1 and 8, 2010, he said, questioning why the Sept. 12 attack became the basis for criminal prosecution as Barda did not even encounter Pastor Simanjuntak on that date.

Sitompul said he would appeal the verdict.

Pastor Simanjuntak said the light sentences showed that the state was unable to fully enforce the law.

“This country is more afraid of the masses than standing for justice,” she said. “That’s what happened in the state court in Bekasi. With heavy hearts we accept the verdict.”

The stabbing victim, Sihombing, said that he was not surprised by the light sentences.

“The verdicts were not just, but I don’t know what else to do,” he said. “I’ve just got to accept things.”

Indonesia is a country that follows the rule of law, he said, and therefore it is not right to give a light sentence for stabbing.

“Even so, as a Christian and elder of the congregation, I have forgiven the person who attacked me,” he said.

Attorney Siagian said the sentences will fail to act as a deterrent.

“It passively encourages future violence in the name of religion by radical groups against minorities – not only against the HKBP church, but also against citizens in other areas,” he said. “Also, the verdict shows that the judge sides with those who committed violent acts in the name of religion, and it is a threat to pluralism and diversity in Indonesia.”

Report from Compass Direct News

Christians in Turkey Acquitted of ‘Insulting Turkishness’


But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

 

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” Polat told Compass last year. “In Turkey, constitutionally speaking, it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Report from Compass Direct News

Algerian Christians Acquitted of Eating during Ramadan


Judge throws out case against men arrested during Islamic fasting period.

ISTANBUL, October 5 (CDN) — An Algerian court today acquitted two Christian men of eating during Ramadan in spite of a prosecutor’s demand that they be punished for “insulting Islam.”

Authorities on Aug. 12 arrested Salem Fellak and Hocine Hocini for eating lunch on a private construction site where they were working. Ramadan, Islam’s month of fasting during daylight hours, started this year on Aug. 11.

The incident took place in Ain El-Hammam, a town in the province of Tizi Ouzou about 150 kilometers (93 miles) east of the Algerian capital. Tizi Ouzou is part of Kabylie, an area of Algeria where the country’s Protestant church has grown with relative freedom in recent years.

Officers at a nearby police station saw the two men eating and confronted them for not fasting. When police realized the two men were Christians, they accused them of insulting Islam, according to local French-language press reports.

“I do not apologize for anything, and I regret nothing,” Fellak said before the verdict, according to Dernieres Nouvelles d’Algerie. “I have the right to not fast. I am a Christian, and until found guilty, the Algerian constitution guarantees respect for individual freedoms.”

The Algerian Constitution gives the right to all citizens to practice their faith, although it declares Islam the state religion and prohibits institutions from behavior incompatible with Islamic morality. Proposing other faiths to Muslims is also forbidden.

After police arrested Hocini and Fellak, authorities interrogated them for two hours and “admonished” them, according to a French-language news site. Authorities took them to court, where a state prosecutor questioned them. When the men explained to her that they were Christians, she said that Algeria was a Muslim country with no room for Christians and that they should leave the country, according to a local news site.

Today the judge at the court in Ain El Hamman, however, dismissed the case since “no article [of law] provided for a legal pursuit” against the two Christians, according to the BBC.

A small group of Christians standing on the steps of the courthouse reportedly shouted “Hallelujah!” when they heard the outcome of the case. After the verdict, Fellak said he was happy and that he had done nothing wrong, according to Reuters.

Local media also reported cases of Muslim Algerians arrested for eating during Ramadan.

 

Worshipping without Permit

The charges against the two Christians and a case of four Christians on trial for worshipping without a permit in Tizi Ouzou Province have some wondering what has caused authorities to turn their attention to this small community.

This Sunday (Oct. 10), the four men will appear in court for holding Christian meetings at a residence without permission. One of the men, Mahmoud Yahou, has told a local newspaper, “This story concerns all Christians in our country. We are a community intimidated around the country.”

Yahou cited other recent cases of persecution, including that of Habiba Kouider, who in 2008 was tried for practicing Christianity “without a license.” Her case is still pending. Another Christian, Rachid Muhammad Essaghir, has three court cases against him, all in appeals process since 2008.

In most cases, Christians have been charged under a presidential decree from February 2006 that restricts religious worship to government approved buildings. The decree, known as Ordinance 06-03, also outlaws any attempt to convert Muslims to another faith.

“This law of 2006 is contradictory to the constitution,” said a regional researcher who requested anonymity. “It creates a gray zone in which the government and police have room to act against the church. This law gives permission to the government to condemn believers for their faith or illegal worship even if the constitution guarantees religious freedom.”

Also in Tizi Ouzou city, church leaders who were expanding their building to fit their growing congregation received a letter in August from the governor of the province ordering them to stop all construction and demolish the extension.

Algerian Christians and observers say that the two court cases, along with the order to the Tizi Ouzou church to cease expansion of their building, are unusual because they happened in such a short span of time and because the region is regarded as more tolerant of Christianity.

“Perhaps a new wave of persecution is coming,” said the regional researcher. “It’s difficult to know, but in a few weeks we encountered a few problems.”

An Algerian church leader told Compass the government is finding more subtle ways to pressure Christians.

“I think they don’t want to do anything openly,” said the leader, who requested anonymity. “So they are using opportunities they can find, like not giving authorization to build the church in Tizi Ouzou, [and the men] not fasting during Ramadan.”

Report from Compass Direct News

Pakistani Court Acquits Christian Woman of ‘Blasphemy’


Authorities previously pressured her into false confession.

GUJRANWALA, Pakistan, August 12 (CDN) — Yesterday a court here exonerated a Christian woman of “blasphemy” charges after authorities had pressured her into making a false confession, according to the Centre for Legal Aid Assistance and Settlement (CLAAS).

Rubina Bibi arrived in Lahore yesterday after Additional District and Sessions Judge Mohammad Asghar Khan in Wazirabad district set her free in Gujranwala, Punjab, said CLAAS National Director Joseph Francis.

Residents of Alipur Chatta, Gujranwala district in Punjab Province accused her of blaspheming Muhammad on March 20. Police arrested her on March 21 under Section 295-C of Pakistan’s widely condemned “blasphemy” laws, accusing her of having spoken ill of Muhammad during a quarrel with a local resident. She was sent to Gujranwala district jail along with her 1.5-year-old son, Yashwa.

Punjab provincial legislator Tahir Naveed Chaudhary, Sargodha area head of the All Pakistan Minorities Alliance (APMA), said that on March 20 the mother of three had purchased some edible fats from a Muslim woman, Seema Bibi, but asked for a refund when she found they were impure.

Seema Bibi began threatening her and speaking derogatorily of Christ, Christians and Christianity, Chaudhary said. In her false confession on April 6, Rubina Bibi said under duress that she was not used to hearing such contempt about herself and her faith and responded by insulting Muhammad.

“Her statement of confession was under pressure, and we obtained her new statement in the presence of lawyers in which she said that she did no such thing,” Francis said.

After hearing evidence in two previous hearings, the judge ordered the investigating officer to appear in court yesterday. Bashir of CLAAS, which took up Rubina Bibi’s case on March 30, offered an extended argument from previous case law, and Khan acquitted her, Francis said.

“We are once again in need of your prayers for the safety of Rubina, her husband Amjad Masih and her three kids,” Francis said. “Though she is acquitted by the court of law, even then it will be very difficult for Rubina’s family to live at their home among the Muslim extremists – they will have to move to some safe place.”

Following the July 19 killing of two Christian men accused of blasphemy, the Rev. Rashid Emmanuel and his brother Sajid Emmanuel, outside a courthouse in Faisalabad, CLAAS has arranged high security for Rubina Bibi and her family, Francis said. She and her husband also have two daughters, 5-year-old Elena and 3-year-old Eliza.

Initially police in Alipur Chatta tried to keep rights groups from discovering the detention of Rubina Bibi, a Christian leader said. Alipur Chatta police denied that they had detained Rubina Bibi when Khalid Gill, Lahore regional coordinator of APMA, inquired about her, Gill told Compass.

Gill said a radical Muslim relative of the accuser, Sabir Munir Qadri, had turned the quarrel into a religious issue in which the Christian could be sentenced to death or life imprisonment with a large fine.

Pakistan’s blasphemy laws have gained international notoriety for their misuse by Muslims to settle personal grudges. Police initially told Compass that the First Information Report was sealed and no further information would be released to any person or news outlet. Inspector Asif Nadeem, station house officer of Alipur Chatta police, declined to speak to Compass in spite of repeated efforts to contact him.

The case comes on the heels of the March 3 sentencing in Kasur of a Christian couple to 25 years in prison under Section 295-B of the blasphemy laws for defiling the Quran. Ruqqiya Bibi and her husband Munir Masih had been arrested by Mustafabad police in December 2008 for touching Islam’s sacred scripture without ritually washing.

In Karachi, a court on Feb. 25 sentenced another Christian, Qamar David, to 25 years in prison and a fine of 100,000 rupees (US$1,170) after he was convicted without basis for sending blasphemous text messages in May 2006. David was convicted under Section 295-A of the blasphemy statues for “injuring religious feelings of any community,” and also under Section 295-C for derogatory remarks against Muhammad.

His lawyer, Pervaiz Aslam Chaudhry, told Compass that the conviction was without basis as all 16 witnesses at the trial said that not David but the owner of the cell phone through which they received the blasphemous messages was guilty.

Maximum punishment for violation of Section 295-A is life imprisonment, and for Section 295-C the maximum punishment is death, though life imprisonment is also possible. David received the sentence of life in prison, which is 25 years in Pakistan. He had not been granted bail since his arrest in 2006.

Report from Compass Direct News

PAKISTAN: LAWYER THREATENS TO KILL CHRISTIAN CHARGED WITH ‘BLASPHEMY’


Bail denied to Christian activist for his own safety; judge also under fire.

ISTANBUL, May 6 (Compass Direct News) – A Pakistani Christian charged with abetting blasphemy against Islam was denied bail for his own safety last week after an Islamist lawyer allegedly threatened his life in a court hearing.

Hector Aleem, 51, remains in Adiyala Jail in Rawalpindi, near Pakistan’s capital of Islamabad. Judge Mustafa Tanveer dismissed his bail application at a court session on Thursday (April 30).

“If the judge does not punish Aleem according to the law, then [we] will kill him ourselves,” said Tariq Dhamal, an attorney for the unnamed complainant, according to a report by the Centre for Legal Aid Assistance and Settlement (CLAAS).

Police arrested Aleem last November when a Muslim scholar received a text message insulting the Islamic prophet Muhammad. Authorities charged Aleem with blasphemy and abetting blasphemy, sections 295(c) and 109(bb) respectively of the Pakistani criminal code.

Court evidence shows the text message came from an unlisted phone number, not Aleem’s. At an April 25 hearing, Investigating Officer Zafer Ikbal said he had concluded that evidence proved Aleem’s innocence. Ikbal’s investigation, along with a February judicial decision, resulted in charges of blaspheming Islam being dropped. The charge of abetting blasphemy still stands.

Nevertheless, at the April 25 hearing prosecuting attorneys asserted that Aleem was guilty of blasphemy on grounds that “he is a Christian and can make blasphemous comments about the prophet Muhammad,” according to Katherine Sapna, a field officer for CLAAS.

Aleem’s lawyer, Malik Tafik, said he has filed for upcoming hearings to be closed to the public for fear that Muslim fanatics could try to kill his Christian client. Tafik will present another bail application in the high court of Islamabad on May 14.

Tafik, a Muslim, has come under pressure from the Rawalpindi Bar for taking on the case of a Christian accused of blasphemy. The bar has filed an application against him for handling the case.

Dhamal, the lawyer who allegedly made the death threat against Aleem, is a member of Sunni Tehreek, an Islamist political movement involved in violent sectarian clashes in the last decade.

In the April 25 hearing, five lawyers and 180 Islamist protestors gathered around the courthouse. Tafik said he believes the crowds hoped to intimidate the judge into declaring Aleem guilty. More than 100 protestors have congregated at previous hearings, shouting that Aleem’s life would not be spared and he should be handed over to the police.

Tafik said the judge is afraid to rule in favor of Aleem for fear of his life from Rawalpindi Islamists.

“The judge is under pressure and not deciding the case based on merits,” Tafik said. “He is ready to hear on merits, but the lawyers are just [acting] on the basis of Islamization.”

Pakistan’s blasphemy laws have come under heavy fire from international rights groups. Any private citizen can file blasphemy charges, and they have been used in petty disputes as a means of retaliation as they can destroy reputation, livelihood and possibly lead to the death penalty in the conservative Islamic country.

Before his arrest, Aleem led human rights campaigns on behalf of Christians, particularly a land dispute between a congregation and the Rawalpindi Water and Sanitation Agency, which wanted to demolish their church building.

More Muslims than Christians are charged with blasphemy in Pakistan. In 2008 there were 13 cases registered against Muslims in Punjab province, where Aleem resides, and only six against Christians.

Boy Dies

Insulting Islam is a dangerous activity in the conservative nation of 170 million, but with the spread of the Taliban, non-Muslims fear their very existence will make them a target to fundamentalists.

On April 22 Christians in Taiser town, near Karachi, noticed on the walls of their church graffiti that read, “Long Live the Taliban” and calls for Christians to either convert to Islam or pay the jizye, a poll tax under sharia (Islamic law) paid by non-Muslims for protection if they decline to convert.

Armed men arrived on the scene and opened fire on Christians who were erasing the graffiti, injuring five. An 11-year-old boy shot in the attack, Irfan Masih, has reportedly since died from his injuries (see “Taliban-Inspired Attacks Hit Christians,” April 27).

Security forces fear that sectarian violence could erupt in the port city of Karachi. They have banned public gatherings and processions, according to Release International aid agency.

Report from Compass Direct News

PAKISTAN: CHRISTIAN CHARGED WITH ‘BLASPHEMY’ FOR TEXT MESSAGE


Defender of minority rights allegedly framed for making legal challenges in church land dispute.

ISTANBUL, February 5 (Compass Direct News) – More than 100 protestors last week surrounded a Pakistani courthouse and chanted death threats against a Punjabi Christian said to be framed for sending a “blasphemous” text message on his cell phone.

Rawalpindi police arrested Hector Aleem, 51, on Jan. 22 and detained him on charges of sending a text message that insulted the Islamic prophet Muhammad. At his Jan. 27 hearing at the Rawalpindi Sessions Court, crowds gathered and began shouting death threats.

His attorney, Malik Tafik, told Compass that a local man allegedly framed Aleem for the charges because Aleem has made legal challenges on behalf of Christians involved in a land dispute. Aleem directs a small agency that often defends the rights of Christians.

Last November, a scholar associated with the national Islamist political movement Sunni Tehreek received a text message claiming to have come from Aleem. The religious scholar registered blasphemy charges against Aleem on Nov. 28 at the Rawalpindi police station.

Police raided Aleem’s house at 1:30 a.m. on Jan. 22 and assaulted him, his wife, and his two daughters. They also stole 50,000 Pakistan rupees (US$630) worth of valuables and broke pictures of Jesus hanging on their walls, according to a report from the Center for Legal Aid Assistance and Settlement (CLAAS).

Authorities charged him with violating sections 295c (blasphemy) and 109bb (abetting) of the Pakistani criminal code. Aleem was transferred to a Rawalpindi anti-terrorism court for a second hearing on Jan. 30, where an even larger crowd of protestors gathered shouting that his life would not be spared. Many of those who came to protest were associated with Sunni Tehreek, which has been involved in violent sectarian clashes with other Islamist movements in the last decade.

“There were about 150 people protesting that Aleem should be handed over to them,” Tafik said. “And there were many journalists, two news stations, and lawyers who came out to protest against him.”

Aleem is detained at the Adiyala Jail in Rawalpindi. During his incarceration, police have mistreated him and denied him adequate food and access to medicine for his heart condition. He told lawyers that police have not allowed him to meet with his family and referred to him as “choohra” (sweeper), a derogatory term for Pakistani Christians to designate them as the lowest rung of society.

At a hearing at an anti-terrorism court on Monday (Feb. 2), Judge Sakhi Mohammad Kohut exonerated him of blasphemy charges but did not clear him of abetting. A government official told Compass that the judge’s decision was heavily influenced by Islamic extremists attending the open court hearing who told the judge, “If you release [Aleem], then we will kill him outside.”

At the hearing, the judge implicated the man who allegedly framed Aleem – Bashar Kokar, previously charged multiple times with fraud – accusing him of using his cell phone to send a blasphemous message against Muhammad. Kokar was charged with blasphemy and arrested later that day. But court evidence shows the original text message came from an unregistered mobile number that pertained to neither Kokar nor Aleem, sources said – exonerating Aleem, but also making it difficult to prove that Kokar framed him. Khushdil Khan Malik, deputy secretary of Pakistan’s Ministry of Human Rights, said he believes the judge implicated Kokar as a scapegoat for the blasphemy charges in order to appease the extremists.

The next hearing will be held in March. Attorney Tafik told Compass he believes Aleem will be cleared of all charges because there is no evidence against him.

 

Targeted for Defending Christian Rights

Sources said they believe Aleem was framed due to his social activism as director of a small Non-Governmental Organization that lobbies for the rights of Pakistani Christians in Islamabad.

In November he became involved in a land dispute between a congregation and a local municipality that wanted to demolish their church building. He has been wrongfully implicated in the past for minor offenses, a government deputy said, particularly for his advocacy work against the Capital Development Authority, a municipal works agency that has been charged with unlawful confiscation and destruction of Christian property.

Aleem has been cleared of these minor offenses. The seriousness of the blasphemy charge, however, puts him and his family in danger. Besides his attorney, other legal advocates said they believe he will be cleared of all charges as there is no evidence that he sent the original text message.

Until then, his family is hiding underground due to threats of violence by Muslim extremists, said Joseph Francis, national director of CLAAS. And once he is released, it will be hard for Aleem to return to a normal life in Rawalpindi with the stigma of even unproven charges of blasphemy hanging over his head.

“What will happen after [the trial] is a matter of concern,” said Malik of Pakistan’s human rights ministry. “There have been many incidents of the sudden deaths of people charged with blasphemy.”

As many of those hostile to him are members of Sunni Tehreek who are dispersed throughout Pakistan, he and his family would be targeted by local members of the organization if they fled to another city. The only solution may be to seek asylum in another country, a source told Compass.

 

Problematic Law

Blasphemy has been used frequently in Pakistani law as a tool to silence or intimidate non-Muslims, including another case this week.

Yesterday a pastor, his son, and his father were charged with blasphemy in the village of Baddomehli, 100 kilometers (62 miles) from Lahore. Muslim classmates of pastor Shafik Masih’s teenage son claimed he had a blasphemous pamphlet in his backpack and began to assault him, according to a CLAAS report.

Realizing the danger of sectarian violence, the police chief of the region yesterday called on Christians to seek refuge as local Muslims were assembling a protest.

Christian members of Pakistan’s Parliament have moved to strike the blasphemy laws from the national criminal code.

“In the past, only a superintendent of police could file blasphemy charges,” attorney Tafik said. “But now a private person can register a case of blasphemy and it can be misused because anyone can use it.”  

Report from Compass Direct News

PAKISTAN: CUSTODY OF CHILD HINGES ON MEDICAL REPORT


Attorney, relative of Christian parents fear they are likely to lose custody of daughters.

ISTANBUL, August 12 (Compass Direct News) – Amid pressure from radical Muslim clerics, a medical board is expected to determine the age of a Christian Pakistani girl allegedly forced to convert to Islam. The medical report on 13-year-old Saba Masih, who married a Muslim man, is due by her Aug. 20 custody hearing.

The custody battle over her and her 10-year-old sister, Aneela Masih – two girls raised as Christians who were kidnapped and allegedly converted to Islam – may be decided on their testimonies even though they contradict court evidence. Saba Masih, married off to the Muslim man after the kidnapping, has twice claimed in court that she is 17 years old – Pakistani law requires females to be at least 16 to marry without permission of legal guardians.

At a hearing last Wednesday (Aug. 6), the Lahore High Court’s Multan branch ruled that the district medical board of Multan will examine Saba Masih to determine if she is old enough to marry of her own volition. Aneela Masih claims to have embraced Islam, though as a minor she cannot legally do so.

The court has refused to accept the girls’ birth certificates or baptism records as evidence for their ages. Under Pakistani law a minor cannot marry regardless of his or her religion.

The two sisters were kidnapped on June 26 while traveling to visit their uncle in Sarwar Shaheed, northwest of Multan. Saba Masih was married to Amjad Ali, a Muslim, the next day, and the kidnappers filed for custody of the girls on June 28 based on their conversion.

In a July 12 ruling, District and Sessions Court Judge Main Naeem Sardar awarded custody of the girls to the kidnappers based on Saba Masih’s testimony that she was 17 and had converted to Islam. He did not accept the girls’ birth certificates as evidence of their ages.

In a July 29 hearing, Judge Saghir Ahmed said he did not believe the girls converted to Islam of their own volition and ordered them to be sent to a government women’s shelter, so that they could think freely until the Aug. 6 hearing.

At that hearing, however, both girls claimed to have embraced Islam, and Saba Masih claimed once again to be 17 and thus able to marry. Judge Saeed Ejaz ordered that she be sent to a medical examination to determine her real age.

Muslim clerics are already threatening the medical board, claiming that since the girls have embraced Islam they should not be returned to the custody of their Christian parents, said Khalid Raheel, the kidnapped girls’ uncle.

“Muslim clerics are threatening the judge. [Saba] said she was 17 because she was threatened,” he said. “[The judge] told the medical officer to get her age checked by the medical board … [but] Muslim clerics are threatening the medical board.”

The medical board will submit its report at the next hearing on Aug. 20.

Rashid Rehman, a lawyer representing the Christian parents, said that if the report says Saba Masih has reached puberty or is between the ages of 16 and 17, then the court will likely award her Muslim husband custody over her – even though her marriage is invalid since she is a minor.

“The law has been amended, and no minor can be contracted into marriage with [guardian or parental] permission or without permission,” he said. “But because of religious pressure, the court can decide otherwise.”

The court cannot grant custody of Aneela Masih to the kidnappers since both sides agree she is 10. Because she reiterated at the August 6 hearing that she had converted to Islam, however, it is not clear if she will be returned to her Christian parents.

According to a strict interpretation of Islamic law, a non-Muslim cannot have custody of a Muslim child.

“I think Aneela will not be given to the parents but sent to a shelter or child protection care bureau,” said Rehman, a member of the Human Rights Commission in Pakistan. “She can’t reside with the parents, who are Christians.”

After the hearing, the sisters were returned to the government-run Dar-Ul-Aman women’s shelter, where they have stayed since July 29. They have been forbidden from seeing their parents or the Muslim kidnappers.

 

Threats Continue

The kidnappers, however, continue to intimidate the girls, said Raheel, their uncle.

“Even in the women’s shelter run by the government, they keep on calling them on the phone,” he said. “They keep on threatening them there also. That’s why they can’t change their minds.”

He said the kidnappers are threatening the girls’ parents to stop trying to regain custody of their daughters.

“They told them not to go to court, or they would kill them,” Raheel said.

Attorney Rehman said the courthouse at the Aug. 20 hearing could be a charged environment, since the local press has published stories advocating the kidnappers’ claims.

Raheel noted that the local Urdu papers, Jang and Xpress, quoted the kidnappers as saying the Christian family was threatening them for the return of their daughters even though they had freely chosen to become Muslims.

A priest at the Masih family’s parish known only as Father Asab said many Muslims have expressed their sympathy to the Christian family but are afraid of speaking out against the perpetrators.

“Many Muslims are also with us, those who understand,” he said. “But the majority is afraid to tell the truth. In this case many people in our area, many Muslims, know that those who kidnapped the girls … have a bad name in society. But even Muslim families are frightened to tell the truth.”

Report from Compass Direct News