EGYPT: COURT DENIES RIGHT TO CONVERT TO SECOND CHRISTIAN


Maher El-Gohary provides requested documents, but judge dismisses them.

ISTANBUL, June 16 (Compass Direct News) – A Cairo judge on Saturday (June 13) rejected an Egyptian’s convert’s attempt to change his identification card’s religious status from Muslim to Christian, the second failed attempt to exercise constitutionally guaranteed religious freedom by a Muslim-born convert to Christianity.

For Maher El-Gohary, who has been attacked on the street, subjected to death threats and driven into hiding as a result of opening his case 10 months ago, Saturday’s outcome provided nothing in the way of consolation.

“I am disappointed with what happened and shocked with the decision, because I went to great lengths and through a great deal of hardship,” he said.

El-Gohary follows Mohammed Ahmed Hegazy as only the second Muslim-born convert in Egypt to request such a change. El-Gohary filed suit against the Ministry of the Interior for rejecting his application in August last year.

In contrast to their angry chants and threats in previous hearings, lawyers representing the government sat quietly as Judge Hamdy Yasin read his decision in a session that lasted no more than 10 minutes, according to one of El-Gohary’s lawyers, Nabil Ghobreyal.

The judge rejected El-Gohary’s application even though the convert provided a baptism certificate and a letter of acceptance into the Coptic Orthodox Church that the judge had demanded.

“The judge said he will not accept the [baptism] certificate from Cyprus or the letter from Father Matthias [Nasr Manqarious],” said Ghobreyal. “Even if he gets a letter from the pope, the judge said he would not accept it, because the remit of the church is to deal with Christians, not to deal with Muslims who convert to Christianity; this is outside their remit.”

El-Gohary sounded perplexed and frustrated as he spoke by telephone with Compass about the verdict.

“The judge asked for letters of acceptance and baptism,” he said. “It was really not easy to get them, in fact it was very hard, but if he was not going to use these things, why did he ask for them in the first place? We complied with everything and got it for him, and then it was refused. What was the point of all this?”

A full explanation of Yasin’s decision to deny the request will be published later this week. The judge’s comments on Saturday, however, provided some indication of what the report will contain.

“The judge alluded to the absence of laws pertaining to conversion from Islam to Christianity and suggested an article be drawn up to deal with this gap in legislation,” said Ghobreyal.

High Court Appeal

Such a law would be favorable to converts. Thus far, hopeful signs for converts include a recent decision to grant Baha’is the right to place a dash in the religion section of their ID cards and a High Court ruling on June 9 stating that “reverts” (Christians wishing to revert to Christianity after embracing Islam) are not in breach of law and should be allowed to re-convert.

At the age of 16 all Egyptians are required to obtain an ID that states their religion as Muslim, Christian or Jewish. These cards are necessary for virtually every aspect of life, from banking, to education and medical treatment.

No Egyptian clergyman has issued a baptismal certificate to a convert, but El-Gohary was able to travel to Cyprus to get a baptismal certificate from a well-established church. In April the Coptic, Cairo-based Manqarious recognized this certificate and issued him a letter of acceptance, or “conversion certificate,” welcoming him to the Coptic Orthodox community.

El-Gohary’s baptismal certificate caused a fury among the nation’s Islamic lobby, as it led to the first official church recognition of a convert. A number of fatwas (religious edicts) have since been issued against El-Gohary and Manqarious.

El-Gohary’s case could go before the High Court, his lawyer said.

“This is not the end; this is just the beginning,” said Ghobreyal. “I am going to a higher court, I have ideas and I am going to fight all the way through. It’s a long road.”

Ghobreyal’s tenacious attitude is matched by his client’s.

“I am going to persevere, I will not give up,” said El-Gohary. “Appealing is the next step and I am ready for the steps after that. I am going to bring this to the attention of the whole world.”

The judge had received a report from the State Council, a consultative body of Egypt’s Administrative Court, which expressed outrage at El-Gohary’s “audacity” to request a change in the religious designation on his ID. The report claimed that his case was a threat to societal order and violated sharia (Islamic law).

El-Gohary’s lawyers noted that the report is not based on Egypt’s civil law, nor does it uphold the International Convention on Civil and Political Rights that Egypt has signed. It stated that those who leave Islam, “apostates” such as El-Gohary, should be subject to the death sentence.

Report from Compass Direct News

EGYPT: TWO COPTS RE-ARRESTED IN ABU FANA MURDER


Christians fear police coercing them to drop charges of Muslim attack on monastery.

ISTANBUL, May 29 (Compass Direct News) – Police this month released two Copts wrongfully arrested for killing a Muslim during an attack on Abu Fana monastery in Egypt in May 2008, but then re-arrested them as part of an intimidation campaign against Christians, their lawyer said.

More worrisome to the Christians in custody is that their fate most likely will be decided outside of the justice system, in “reconciliation meetings.” The state prosecutor investigating the case has not announced the results of his findings on the true identity of the murderer, as he is awaiting the outcome of the out-of-court talks between Copts and local Muslims.

Brothers Refaat and Ibrahim Fawzy Abdo have been incarcerated for a year. On May 3 the two brothers were released on bail, but the Minya State Security Services issued a new detention order and had them arrested on May 20 for “security reasons.” Egyptian security forces can incarcerate people without reason according to provisions in criminal law.

A criminal court in Cairo ordered the release of the Fawzy Abdo brothers twice, but each time the interior ministry issued another arrest order. Advocacy groups say the interior ministry is working with local police and the investigating officer to keep them detained, force a confession and make the Copts look guilty in the Abu Fana attack.

“Police arrested them for reasons of ‘security concerns’ in spite of no evidence,” said Ibrahim Habib, chairman of United Copts of Great Britain. “They are comforting Islamists by scapegoating Christians.”

The two men worked as building contractors on the walls of Abu Fana monastery in Upper Egypt when nearly 60 armed Muslim residents attacked it in May 2008. The attack left one Muslim dead and four Christians injured, and two of three monks briefly kidnapped were tortured.

Five days after the attacks, security forces arrested the Fawzy Abdo brothers, charging them with murder. In November they were sent to El Wadi El Gadid Detention Camp near the Egypt-Sudan border and tortured as authorities tried to extract a false confession of murder, their lawyer said.

Minya Gov. Ahmed Dia el-Din claimed the Muslim murdered at Abu Fana was killed by one of the brothers from 80 meters away. But the Coptic brothers’ lawyer, Zachary Kamal, told Compass that an autopsy showed a bullet fired from a short distance.

The two men have faced extreme conditions in prison such as solitary confinement and broken teeth from beatings, and they have not been allowed to see their families, who are undergoing extreme hardship. Refaat Fawzy Abdo has six children and Ibrahim Fawzy Abdo has seven; both Christians are the breadwinners of their households.

Reconciliation Instead of Justice?

Reconciliation meetings with area Muslims continue with the participation of Coptic businessmen, the diocese of Mallawi, a member of Parliament and attorney Kamal, all under the auspices of the police.

Such meetings are somewhat customary in Egypt, in which different parties come together to settle legal matters out of court. They carry a social purpose of restoring faith and communal harmony in the face of sectarian tensions.

Kamal said he was not opposed to a reconciliation meeting instead of normal judicial channels, but that terms of the discussion were unacceptable. Authorities want the brothers to admit to the murder of the Muslim and the Copts to pay compensation to the victim’s family.

“They want the Copts to accept guilt, but that means they will carry the blood of the victim the rest of their lives,” Kamal said.

Other Copts worry that the meetings are a substitute for administrative justice, and that police are using the brothers as a bargaining tool to force Abu Fana’s monks to drop charges against local Muslims and call off the investigation of the attack.

“The brothers are still held because they are being used as a negotiation chip,” said Samia Sidhom, English editor of Egyptian Christian weekly Watani. “The reconciliation efforts are to make the monks change their testimony. If they do that, the brothers will be released.”

Sidhom said that Coptic church leaders entered into negotiations with local Muslims and politicians and gave up their legal rights because obtaining justice in the Islamist-tilted Egyptian legal system is very difficult.

“Typically a Copt or their buildings are attacked, and the only way for the police to avoid punishing the culprits is through these reconciliation meetings, where the Copts give up any legal rights they have,” Sidhom said.

State officials, however, said the Copts are superimposing religious persecution claims onto a simple argument over property. The Minya governor said the attacks were not religious but were provoked by a long-standing land dispute between the monks and local Bedouins.

Whether the monastery attack started as a land dispute or not, the findings of secular rights groups revealed that in the course of the violence, attackers tied two of the kidnapped monks to a palm tree, whipped and beat them, and forced them to spit on a cross and give the confession of Islam, according to the Egyptian Initiative for Personal Rights.

Motives for the May 2008 attacks against the monastery, located 200 kilometers (124 miles) south of Cairo, are still unknown. Coptic advocacy groups claim the attacks were motivated by growing hostility against Egypt’s Christian community.

Report from Compass Direct News

PERSECUTED CHRISTIANS AMONG THE FIRST TO VOTE IN NATIONAL ELECTIONS


A breakthrough was made for believers in India this month when Christians were among the first to vote in India’s four-week national election, reports MNN.

In the fall of 2008, thousands of believers were forced from their homes, afraid for their lives, as persecution persisted in the form of extremist attacks.

Although the persecution has died down since then, hundreds of houses were burned and dozens of people were killed in the attacks, leaving many Christians to find refuge in government relief camps. Once attacks subsided, there was some fear that this persecuted minority may not be given the chance to vote.

It appears that believers have nothing to fear, however, as Orissa state (where persecution had been highest) was the kickoff spot for India’s national elections on April 16. According to a Gospel for Asia press release, government officials claimed the elections would start there so they could focus security in one area. Be this as it may, it’s nothing but good news for Christians.

Beginning the elections in a place that has been internationally noted for its violence toward Christians hopefully will allow believers to make quite an impact on the outcome of the election. So far, Christians have not been hindered from voting, and no direct violence has taken place.

“This is kind of a historic thing where in the past, things like this would bring fear and keep the Christians from voting,” says Danny Punnose of Gospel for Asia. “But this is going to bring a very loud statement to those in power that you cannot hurt minorities without repercussions taking place.”

The elections will not be over until May 16, when the results of the election for a new prime minister and 543 other new government representatives will be announced. Christians hope that their votes will help to establish a government who will not stand for the type of persecution that Christians have suffered in the past.

Pray that the elections will yield a government suitable to Christian concerns. In the meantime, continue to pray for the day-to-day trials that face Christ followers in India.

“Pray and ask the Lord that they would be able to stand strong no matter what comes their way, that their faith would be strong, and that they would be a witness to their neighbors. And that’s the greatest thing that they long for, that more people would come to know Jesus through their life.”

Report from the Christian Telegraph

VIETNAM: HISTORIC CHURCH BUILDING DEMOLISHED


Government wrecking crews arrive hours after promises of security.

HO CHI MINH CITY, April 9 (Compass Direct News) – Just hours after the prime minister’s office assured denominational leaders that there were no plans to destroy their Protestant church building, authorities in Banmethuot last month demolished the historic structure in the Central Highlands city.

Government work crews arrived at the site just after darkness fell on March 11 and quickly demolished the structure belonging to the Evangelical Church of Vietnam (South), or ECVN(S), according to local sources.

Authorities had confiscated the church building in 1975 after the Communist victory and had removed its cross. But the bright pink church stood prominently, though unused, for many years on Le Duan Boulevard on Banmethuot’s south side. Church authorities many times had asked for its return.

It was the last remaining church building of the Ede ethnic minority, who make up most of Dak Lak’s 135,000 believers.

The demolition was the latest in a series of painful developments. In early March three pastors from ECVN(S)’s Dak Lak provincial committee took up the matter of the church building with local authorities. The officials told the pastors that the request for return would soon be resolved, and that until then the building was secure.

But on March 11, rumors of an imminent plan to demolish the church reached members of the ECVN(S) provincial committee. Alarmed, they called their top leaders at Ho Chi Minh City headquarters. The church president promptly agreed to call the office of Prime Minister Nguyen Tan Dung and the Ministry of Public Security in Hanoi. Officials told him not to worry, that there was no plan to demolish the church.

“Nothing will happen – we are in control,” an official told the denominational president, according to one Christian source. “The ECVN(S) president called his Dak Lak provincial committee in the evening to pass on this assurance from the very top. Hardly an hour later, after darkness had fallen, government officials supervised destruction of the church building.”

A frustrated ECVN(S) leader called the prime minister’s office and the Ministry of Public Security asking how, in the light of the demolition, the church could trust them, sources said.

“He was told, ‘Sorry, but this as an action of the local officials,’” one source said. “This downward deflection of responsibility in regard to religious issues happens regularly.”

A week later, on March 20, the ECVN(S) governing board of 22 members unanimously passed a resolution.

“Numerous times the Executive Council of our church has petitioned the government concerning our many confiscated properties,” the resolution reads. “Most regrettably, not only have the petitions not been satisfactorily dealt with, but on the night of March 11, 2009, officials of Dak Lak province demolished the last remaining Ede church at Gate One in Banmethuot City.

“The Executive Council of the ECVN(S) is extremely upset and in deep sympathy with the 135,000 believers in Dak Lak province. We hereby urgently notify all churches in our fellowship. We are deeply saddened by these events.”

Calling for the church to set aside today for fasting and prayer, the resolution also stated that ECVN(S)’s Executive Council would select representatives to meet with authorities of Dak Lak province and the central government to ask that “they urgently address and solve this matter so that the events described above will not be repeated in other places.”

When the church circulated the urgent bulletin concerning the day of fasting and prayer, government authorities strongly objected, saying they feared it might lead to demonstrations in the Central Highlands. But the church did not back down.

Fallout continues. The three pastors of the ECVN(S) Dak Lak provincial committee, two Ede and one ethnic Vietnamese, have resigned, citing government betrayal. A meeting of the two ECVN(S) vice-presidents with Dak Lak officials this week was described as “very disappointing.”

Dak Lak province was also the location of the demolition of a large new church building in Cu Hat, Krong Bong district in December. It belonged to the Vietnam Good News Church, an unregistered group (see “Authorities Destroy New Church Building,” Dec. 17, 2008). Authorities disguised in civilian clothes destroyed the new structure because they said Christians had illegally cut the lumber used to build it. Virtually all homes and buildings in the area are built using such lumber.

Being unregistered or fully registered as the ECVN(S) seems to make little difference to authorities, a Christian source said.

“Leaders of both registered and unregistered Protestant groups express equal helplessness in the face of such malicious government actions against them,” he said.

Last year the prime minister promised a resolution to a major dispute with Catholics over the long-contested property that once served as the residence of the papal nuncio in Hanoi. The outcome was similar: the confiscated property was not returned, and on Sept. 19, 2008 the residence was destroyed.

Both Protestant and Catholic church leaders in Vietnam say that blatant government duplicity quickly and seriously undermines Vietnam’s recent hard-won gains in perceptions of improvement in religious freedom.

Report from Compass Direct News

EGYPT: JUDGE EJECTS LAWYER FOR CHRISTIAN FROM COURT


Dispute over evidence stalls bid by convert from Islam to change official ID.

ISTANBUL, January 13 (Compass Direct News) – An attempt by an Egyptian convert from Islam to legally change the religion listed on his identification card to “Christian” hit a setback on Jan. 6 when a judge ordered security personnel to remove his lawyer from court.

Attorney Nabil Ghobreyal was expelled from the courtroom at Cairo’s Administrative Court following a heated argument with Judge Mohammad Ahmad Atyia.

The dispute arose after Atyia refused to acknowledge the existence of legal documents detailing the successful attempt of a Muslim man to convert to the Baha’i faith. Ghobreyal had planned to submit the court records of the decision in support of his case.

The convert from Islam who is trying to legally convert to Christianity, Maher Ahmad El-Mo’otahssem Bellah El-Gohary, first submitted his request to alter the religious status stated on his ID in August 2008. He follows Muhammad Hegazy as only the second Egyptian Christian convert raised as a Muslim to request such a change.

El-Gohary received Christ in his early 20s. Now 56, he decided to legally change his religious affiliation out of concern over the effects that his “unofficial Christianity” has on his family. He said he was particularly concerned about his daughter, Dina Maher Ahmad Mo’otahssem, 14; though raised as a Christian, when she reaches age 16 she will be issued an identification card stating her religion as Muslim unless her father’s appeal is successful.

At school, she has been refused the right to attend Christian religious classes offered to Egypt’s Christian minorities and has been forced to attend Muslim classes. Religion is a mandatory part of the Egyptian curriculum.

El-Gohary also has charged that his nephew was denied a position in state security agencies because of his uncle’s religious “double life.”

“Why should my family pay for my choices?” said El-Gohary in a report by The Free Copts.

No date has been set for resumption of court proceedings, which, due to the dispute, will reconvene under a different judge.

Ghobreyal said he plans to submit a complaint to the High Administrative Court requesting an investigation of Atyia and the expulsion from court. “I am willing to continue the fight,” Ghobreyal told Compass through a translator, saying he remains hopeful of a positive outcome.

Despite a constitution that grants religious freedom, legal conversion from Islam to another faith remains unprecedented. Hegazy, who filed his case on Aug. 2, 2007, was denied the right to officially convert in a Jan. 29 court ruling that declared it was against Islamic law for a Muslim to leave Islam.

The judge based his decision on Article II of the Egyptian constitution, which enshrines Islamic law, or sharia, as the source of Egyptian law. The judge said that, according to sharia, Islam is the final and most complete religion and therefore Muslims already practice full freedom of religion and cannot return to an older belief (Christianity or Judaism).

The seminal nature of the El-Gohary and Hegazy cases is part of what makes them so controversial, according to Gamal Eid, director of the Arabic Network for Human Rights Information.

“First, there is no experience – this is a very new question, it has made judges and lawyers confused,” he said. “The second thing is that many judges are very religious, for many of them it is based on their religion, their thoughts; the law itself allows for people to convert, so that’s what we’re trying to do, have a decision based on law not on sharia.”

Eid attributed much of the reluctance to grant conversion to this religious bias.

“If the Minister of the Interior respected the law, we would not need to go to court,” he said. “The law says clearly that people can change their address, their career, their religion, they only have to sign an application and then they can have a new ID; the law allows people to convert from any religion to another.”

Egyptian President Anwar Sadat amended the constitution in 1980 to make sharia the main source of legislation in order to bolster support from Islamists against his secular and leftist rivals. Legal experts say there are two views of how sharia is to influence Egyptian law: That it is to be enforced directly in all government spheres, or that it is only to influence shaping of law by legislators and is not to be literally enforced by courts or other bodies.  

Report from Compass Direct News

EGYPT: CHRISTIAN IN MUSLIM ID CASE WINS RIGHT TO APPEAL


Arrest warrant rescinded for woman imprisoned because her father briefly converted to Islam.

ISTANBUL, December 2 (Compass Direct News) – A Supreme Court judge in Egypt on Nov. 22 granted Christian Bahia El-Sisi the right to appeal her conviction for falsification of documents – a charge stemming from her official papers not identifying her as a Muslim.

In addition, Judge Abdel Meged Mahmood on Nov. 25 rescinded a Sept. 23 warrant for El-Sisi’s arrest, declaring that she should be free pending a final decision. Mahmood is the same judge who in January freed El-Sisi’s sister, who had been convicted on the same charges of “forgery.”

The charges against El-Sisi and her sister, Shadia El-Sisi, claimed that their marriage certificates contained false information that they were Christians. Unknown to them, their religious identity officially changed 46 years ago due to their father’s brief conversion to Islam. Both are illiterate.

In the Nov. 22 hearing granting Bahia El-Sisi the right to appeal, Mahmood noted that her marriage certificate made no mention of her religion, according to her lawyer.

Investigation into the sisters’ religious status began following a visit made to their father, Nagy El-Sisi, himself in prison for forgery. Nagy El-Sisi, who had briefly converted to Islam in 1962 before reconverting three years later, obtained a forged Christian ID because there is no official means for converting from Islam in Egypt.

Under sharia (Islamic law), which heavily influences Egyptian law, the sisters are considered Muslims due to their father’s conversion. They learned that their father had briefly converted to Islam only recently, long after getting married, and had no idea they could officially be considered Muslims.

Both sisters were originally charged with forging official documents and sentenced in absentia in 2000; each was given a three-year jail sentence.

Shadia El-Sisi was not arrested until August 2007, and her first hearing was on Nov. 21, 2007 at the Shobra El-Khema criminal court. Judge Hadar Tobla Hossan sentenced her to three years in prison.

She was in prison until Jan. 13, when Mahmood retracted the sentence because she was unaware of her conversion by proxy and due to legal technicalities that voided incriminating evidence.

Bahia El-Sisi was held for over two months between May and July of this year. She was then released pending a final court decision. She told Compass about her recent experiences.

“There is no rest in prison, and I was tired and unable to get enough rest or enough food,” she said. “Everybody was [left to fend] for themselves.”

For more than four months she was in hiding, moving from place to place to avoid another arrest.

“I can’t go near the house, I move from one place to another,” she said before the arrest warrant was rescinded. “I rarely see my children, I am worried about them.”

On Sept. 23, Hossan ruled that El-Sisi had forged documents and that the three-year prison sentence would stand. In the Nov. 22 hearing, Mahmood ruled that there was no evidence El-Sisi had forged documents, as no such documents could be produced as proof; the marriage certificate in question did not state her religion, said her lawyer, Peter Ramses.

Mahmood ruled that Hossan’s decision was “so bad and so wrong,” said Ramses. “Then Mahmood gave a decision saying to the police, ‘Don’t arrest her.’”

Bahia El-Sisi’s six children anxiously awaited the outcome of the appeal, fearing that, in a domino effect, their religious status may also have to change following a negative outcome.

El-Sisi remained defiant.

“I am a Christian, I will remain Christian,” she told Compass. “Christ in front of me will guide my steps.”  

Report from Compass Direct News

TURKEY: CHRISTIANS’ TRIAL FOR ‘INSULTING TURKISHNESS’ STALLS AGAIN


Case against two converts drags on; media already passed sentenced on Christianity.

ISTANBUL, November 12 (Compass Direct News) – Two years into a trial for “insulting Turkishness” that has been light on evidence and heavy on mud-slinging at Turkey’s Protestant community, a court proceeding last week brought no progress.

Another witness for the prosecution failed to appear in the trial of Turkish Christians Turan Topal and Hakan Tastan, charged with “insulting Turkishness” and spreading Christianity through illegal methods. Moreover, a Justice Ministry answer to the court about the viability of charges under Turkey’s controversial Article 301 had yet to arrive at the court last week.

In the last hearing in June, Silivri Criminal Court Judge Mehmet Ali Ozcan ordered a review of the two Christian converts’ alleged violations of the controversial article of the Turkish penal code on “insulting Turkishness.” But the court is still waiting for the Justice Ministry to decide whether they can be tried under Article 301 of the penal code.

The judge set the next hearing for Feb. 24, 2009 while the court awaits a response on whether the Christians can be charged under the controversial article.

Topal and Tastan are still charged with reviling Islam (Article 216) and compiling information files on private citizens (Article 135).

In what critics called “cosmetic” revisions of Article 301, the Turkish government amended it in May to require Justice Ministry permission to file such cases. Put into effect on May 8, the changes also redefined the vague offense of “insulting Turkishness” to read “insulting the Turkish nation.”

While the court awaited a decision on Article 301, in the hearing on Nov. 4 it did free the defendants from forced attendance at future hearings. This, according to defense lawyer Haydar Polat, was the only progress made by the court; he added that a witness or evidence would have been better. For lack of these, he said, the prosecution has needlessly dragged out the case.

“In both cases [against them], the only acceptable progress is the testimony of a witness,” said Polat. “Then again, the fact that the defendants are free from having to attend every trial is in a sense progress too.”

 

Lame Witnesses

The initial charges prepared by the Silivri state prosecutor 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.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six named gendarme soldiers to testify as prosecution witnesses in the case, none have stepped forward to testify.

“They will be called in the next hearing as well,” Polat told Compass.

At the June 24 hearing, two teenage witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses have failed to show up on various trial dates, and last week another witness called by prosecution, Fatih Kose, did not appear.

“There is no lack of witnesses, but as far as we are concerned, these characters’ accounts are irrelevant to the truth and full of contradictions,” said Polat. “I mean there is no believable and persuasive argument, nor a coherent witness.”

Last week a police officer from the precinct where Topal and Tastan were allegedly seen doing missionary activities was summoned to court to testify. He told the court that he indeed worked in the precinct but knew nothing about the activities of the two Christians.

Eleven months ago, the appointed prosecutor himself had demanded that the court acquit the two Christians, declaring there was “not a single concrete, credible piece of evidence” to support the accusations against them. This prosecutor was removed from the case, and two months later the judge hearing the case withdrew over prosecution complaints that he was not impartial.

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial proceedings are now jailed themselves, unable to attend the hearings.

Both ultranationalist lawyer Kemal Kerincsiz and spokesperson Sevgi Erenerol of the Turkish Orthodox Church – a Turkish nationalist denomination with no significant following – are accused of playing leading roles in Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy.

Since mid-January, 47 people have been jailed and face trial for involvement in the alleged crime network, said to have orchestrated numerous killings and violence as part of a nationalist plot to overthrow the Turkish government by 2009.

Asked about the chances of closing the case that has made no progress for two years due to lack of evidence against the defendants, Polat said he was hopeful his clients would find justice in the Turkish legal labyrinth.

“As lawyers, we believe that both of our clients will be acquitted,” he said. “Come February we expect that the Justice Ministry will not approve the opening of a public case on the basis of ‘insulting Turkishness.’”

 

Slandering Christians

The trial of Topal and Tastan has included its share of mud-slinging at Turkish Protestants, estimated at 3,000 to 3,500 people in a country of 70 million, deepening the nation’s prejudices against them.

This legal battle has been less about guilt or innocence and more about tainting the community’s image, according to a member of the legal committee of the Alliance of Protestant Churches in Turkey.

The Christian Turk from the legal committee told Compass that in 2006, when the charges against Topal and Tastan first came to light, there were news reports for days claiming that Christians tricked children in elementary schools, paid people to come to church and gave women away for sex, among other absurd assertions.

“The goal was to create disinformation, and they succeeded at portraying Christians in a negative light,” he said.

The source said that this was the primary goal of ultranationalist lawyer Kerincsiz’s team, which he believes is behind the cases brought against Topal and Tastan as well as the delay in the outcome.

“On the first day of the hearings, when the case opened, I told those around me that nothing would come of this case,” he said.

The legal committee member said media created a psychological war against Turkish Christians. Other members of the Protestant community believe another goal was to deter any evangelism or outreach by Turkish Christians.

“It was to discourage the whole Christian community and quash them and discourage evangelism,” said another source.

The member of the legal committee said he believes that eventually Topal and Tastan will be acquitted. But even if they win the court case, the damage from the publicity war on the church will not be as easy to repair.

“I think everything will stay the same, because the case won’t be reported in the news,” he said. “The issue was not about whether these two were guilty or not. When this first broke out it was in the news for days. When it is over it will barely make it to a newspaper corner, and we won’t be able to give a message for the public because we don’t wield media power. We comfortably carry our quiet voice, and we will until then.”  

Report from Compass Direct News

AL QAEDA FAR FROM A SPENT FORCE


After a fairly lengthy time on the sidelines, Al Qaeda has revealed itself to be far from a spent force in the international world of terrorism. This week there have been a number of terrorist attacks with the bombings in New Delhi, in Yemen and now Islamabad.

The war on terror is the war we had to have, however, it would appear that one side effect of the war has been to drive more fanatical Muslims into the bosom of Al Qaeda and other related terrorist groups.

With the upcoming US presidential election it would be unsurprising to see an increase in terrorist activity as Al Qaeda and other terrorist groups seek to gain some influence in its outcome. I would expect to see several more Osama Bin Laden videos released over the next few months, as well as a marked increase in terrorist attacks.

The bombing in Islamabad has killed at least 40 people and left a crater some 30 feet deep. Many more dead are thought to be still inside the ruins of the building and there are hundreds injured.

The attack on the Marriott Hotel in Islamabad is thought to have been in response to increasing US cross border raids on Pakistani territory as the US pursues Islamic militants in the war on terror from Afghanistan.

 

ABOVE: Video footage of the Islamabad bombing

 

ABOVE: Video footage of the Islamabad bombing

 

ABOVE: Video footage of the attack on the US Yemen Embassy

 

ABOVE: Video footage of police operations against terrorists in New Delhi

PAKISTAN: PARTIAL VICTORY SEEN IN RULING ON KIDNAPPED GIRLS


With both minors saying they had converted to Islam, lawyers feared worse.

ISTANBUL, September 15 (Compass Direct News) – Christian human rights lawyers in Pakistan saw a partial legal victory in a judge’s ruling last week that one of two kidnapped girls be returned to her Christian parents. The judge further ruled that her sister be free to choose whether to go with the Muslim man who allegedly forced her to convert and marry him.

Justice Malik Saeed Ejaz ruled on Tuesday (Sept. 9) that 10-year-old Aneela Masih be returned to her parents – an unprecedented legal victory for Christian parents of a girl who supposedly converted to Islam, according to one lawyer – while leaving her sister, 13-year-old Saba Masih, free to choose whether to go with Amjad Ali, a Muslim man who married her after the June 26 kidnapping.

Saba Masih, whose birth certificate indicates that she is now 13 but who testified that she is 17, said she did not want to return to her parents and tried to keep her little sister from returning to them. Their Muslim captors have repeatedly threatened the two girls that their parents would harm them if they returned.

The older sister is not willing to meet with any of the family members or her parents, said Rashid Rehman of the Human Rights Commission of Pakistan.

“It’s normal behavior,” he told Compass. “She was tutored and brainwashed by the family of her husband Ali, and naturally they made up her mind that her parents will hurt her and treat her inhumanely. In fact that will never happen. Her family is really peaceful, and remained so peaceful the whole time the case was heard in high court.”

After more than three hours of heated legal arguments in the Multan branch of Lahore’s High Court, the judge deemed the oldest child sui juris – capable to handle her own affairs – based on her testimony that she is 17 years old and on a Lahore medical board’s ruling that she is between 15 and 17. The medical board may have been pressured to declare Saba Masih as an adult, according to the parents’ lawyers.

Conditions set in the ruling called for the parents not to “interfere” with Aneela Masih’s religious beliefs, that they be allowed to visit Saba Masih and that the groom’s family pay them 100,000 rupees (US$1,316) according to Pakistani marriage tradition.

Raised in a Christian family in the small town of Chowk Munda, the two girls were kidnapped on June 26 while traveling to visit their uncle in Sarwar Shaheed, northwest of Multan. Saba Masih was married to Ali the next day, and the kidnappers filed for custody of the girls on June 28 based on their alleged forced conversion to Islam.

Islamic jurisprudence and Pakistani law do not recognize the forced marriages of minors.

 

‘Pleased with Outcome’

“We are pleased with the outcome,” said Joseph Francis, head of the Center for Legal Aid Assistance and Settlement (CLAAS). He said, however, that the verdict was not complete without the return of Saba Masih to her family.

Francis and two other CLAAS lawyers were present at the Sept. 9 judgment despite repeated threats against their office over the course of the hearings.

CLAAS lawyer Akbar Durrani told Compass that it was the first time in his life that he had seen such a decision. “In my experience they have not given us the custody of minor girls even as young as 9 years old that have been declared Muslim,” said Durrani, who has been practicing law in Pakistan for 18 years. “It is a legal victory.”

As a minor, though, Aneela Masih’s previous declaration that she had converted from Christianity to Islam was not explicitly recognized. Calling the lawyers into his private chamber to present options before ruling, according to the parents’ lawyers, the judge said he would make no mention of the girls’ supposed conversion to Islam.

“This was a very favorable thing for us,” said Durrani. “He said, ‘I’m only going to decide the custody,’ so we decided this is acceptable to us.”

In his private chamber, the judge gave them different options, warning them that if they didn’t cooperate or accept his proposals he would make his own judgment. In the end he said he would hand the little girl to her mother and set the other free.

“Wherever she wants to go she can go,” the judge told the parties. “But if she wants to go with you she can go, and if she wants to go to her husband she can go.”

The girls, their mother and Ali were then invited into the judge’s chamber, where the judge announced the decision to them.

Durrani said that Aneela Masih went to her mother willingly, while her older sister gave a cry and tried to pull the 10-year-old back to her.

“The minor resisted for a fraction of a second to go to the mother,” Durrani said. “The little girl was under pressure; every time she was instructed by her elder sister not to talk to her mother.”

Her mother hugged her, and the lawyer said the little girl seemed very comfortable in her lap. There her mother tried to remove the veil from her daughter to look at her, but she resisted. Outside the courtroom, however, Aneela Masih removed the veil herself and later accepted food and drink. The girls had been fasting during Ramadan.

The lawyers said it was clear from the 10-year-old girl’s reactions that she was confused from the ordeal.

 

Supreme Court Question

Lawyers for the parents are weighing the options and feasibility of getting the oldest daughter back through the Supreme Court.

On Friday (Sept. 12), the girls’ uncle, Khalid Raheel, who has spearheaded the efforts to get them back, told CLAAS lawyers that Aneela was readjusting into her life at home. Raheel asked the family lawyers that they continue to try to get Saba back.

Rehman said he does not think the case would stand in the Supreme Court. “She willingly said, ‘I don’t want to go with my parents,’” he said.

Durrani and Francis, however, said they would continue to fight for her. “We’ll go to the Supreme Court for Saba,” said Francis.

“We will try getting the statement of Aneela and then will re-open the case,” said Durrani, adding that Aneela Masih had told her family, “Please get her back from that place.”

Rehman told Compass in a phone interview that Saba Masih’s statement that she is 17, her supposed embrace of Islam and her marriage by consent will make getting her back very difficult.

“She has admitted the marriage at the court and produced the marriage papers and has claimed that she’s over 16, so it was very difficult for us to prove our case that she’s a minor girl… because it is denied by Saba herself,” said Rehman.

He explained that the only way to secure the oldest daughter’s return to her family would be by proving she is a minor, something virtually impossible at this point because of her testimony. The court has refused to admit her birth certificate as evidence.

Saba Masih still refuses to communicate with her parents.

 

‘Frightened, Small Girl’

In court last week, both sisters sat in hijab dress fully veiled next to a policewoman from the Dar Ul Rahman women’s shelter, where the two girls had stayed since a July 29 hearing.

Their mother tried to talk to them and show them photos. Durrani said that Aneela Masih was responsive to her mother, but her older sister would pull her away, forbidding her from talking to her.

The judge had ruled that the girls stay at the shelter in order to think of their alleged conversion to Islam away from external pressures. Lawyers for the parents said that while in the shelter the girls were continually harassed and threatened that their family would not take them back.

Aneela Masih stated to the lawyers and her parents after the court decision that Ali’s family and their captors told them that everyone was Muslim – the lawyers, the judge, society – and that their parents could not take them back.

Knowing the attention the case of the two girls had attracted, Durrani said, the judge left the case till last. Yet the courtroom, he said, was full of “those who had kidnapped the girls, their supporters, the Islamic fanatics; all these were present in the court and interested in the hearing of the case.”

From the outset at last week’s hearing, the judge wanted to ask Aneela Masih questions about Islam to extract a statement on which he could rule on her custody. Durrani and colleague Justin Gill fought against the lawyer and the judge, arguing that as the 10-year-old was a minor, her statement on faith could not be valid and that she must be returned to her mother.

“We concentrated our efforts on Aneela, that at least we should have some relief to get her back and then we can fight in the Supreme Court if we wish to go for any other thing,” he said, referring to the older sister’s case.

The judge had decided to postpone the verdict till this Thursday (Sept. 18) and place the girls back in the Dar Ul Rahman shelter, where their mother could visit them for two hours every day. But the CLAAS lawyers said they feared waiting would only work against their case in the long run, making it more difficult to gain custody of the younger sister if both were exposed to more harassment and possible brainwashing.

“Even if she is a Muslim and has changed her religion, according to Islam a mother is the best custodian of the child,” Durrani said he and Gill argued.

Rehman said that Aneela Masih seemed frightened and, according to information he had obtained, the girl was afraid of her abductors and her own family even while in the shelter.

“She was a frightened, small girl,” he said. “They told her that if she returned to her parents she’d be treated unkindly.”

 

Threats, Car Chase

On Sept. 8, the day before the hearing, while traveling together from Lahore to Multan, the three lawyers for the Christian parents – Francis, Durrani and Gill – received threatening calls from the supporters of the girls’ kidnappers.

That night while, on their way back from dinner to a bishop’s house where they were staying in Multan, the CLAAS team was approached by armed men on motorcycles who threatened them, warning them to not go to the judgment hearing the next day.

“They said, ‘You should not be in court or you will be responsible for the consequences,’” said Durrani.

When nearby police saw the scene and approached, the armed men left the scene.

“We were afraid, but we knew we had to go,” Durrani said.

After the hearing, while traveling back to Lahore, Durrani said that Muslim fanatics chased them for about 100 kilometers (62 miles).

“Then we went to another city and got to the highway from another shortcut,” he said.

Durrani said the lawyers have many cases like this, causing them concern for their own safety.

“It is not the first time we get threats, but by the grace of God, and by the refuge of our Holy Ghost we are safe,” he said. “Every time we know the prayers of our church and other Christians are with us, which is why we are able to get the victory for our Lord.”

Report from Compass Direct News