Latest Persecution News – 19 April 2012


Christian Acquitted of ‘Blasphemy’ Charge in Pakistan

The following article reports on the acquital of Dildar Masih, charged with blasphemy, when prosecutors failed to produce any evidence of the alleged offence.

http://www.compassdirect.org/english/country/pakistan/article_1508387.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

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

Links between Murders in Turkey and ‘Masterminds’ Expected


Witnesses previously barred will be allowed to testify.

ISTANBUL, December 20 (CDN) — Attorneys prosecuting the murder of three Christians in southeastern Turkey are making progress linking the knifemen who slayed them to the masterminds who put them up to it, an attorney representing the family of one of the victims said Friday (Dec.17).

Two witnesses, Veysel Şahin and Ercan Gelni – whose testimony the court previously blocked – will be allowed to testify about the plans behind the killings in Malatya. The judge changed his previous ruling blocking their testimonies because of new evidence that recently became available.

The court will also protect a witness whose testimony would have possibly put him in danger. The latest court hearing was on Dec. 3.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya.

The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim were arrested while trying to escape the scene of the crime, as was alleged ringleader Emre Gunaydin.

 

Establishing Links

Prosecutors have contended that the killings were related to a larger conspiracy by the military and nationalists to destabilize the government by targeting minorities in Turkish society.

“The people responsible are not just confined to the young men caught at the crime scene,” said Orhan Cengiz, one of the attorneys representing the interests of the victim’s families in the case. “Everybody knows the youngsters have connections [to the nationalists].”

The new decision shows the court’s “willingness” to look into possible links between the killers and the gendarmerie, a special police force in Turkey that deals with internal security issues and is allegedly a key player in the destabilization plot, Cengiz said.

Suzanne Geske, widow of Tilmann Geske, said she wants the Malatya murder trial linked with the trial over the Cage Operation Action Plan, believed to be part of the Ergenekon “deep state” operation to destabilize the government.

“I want the Zirve Publishing House killings to be merged with the case into the Cage Operation Action Plan,” Geske told Turkish newspaper Today’s Zaman. “I do not believe that those young men could have carried out the murders on their own. Some de facto links are evident. There are other influences behind these murders.”

Ergenekon is an alleged “deep state” operation referring to a group of retired generals, politicians and other key figures thought by some to be the true power brokers in Turkey.

The Cage Plan centers on a compact disc found a year ago in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Newspapers have reported that the Cage Plan, aimed at Turkey’s non-Muslim minorities, not only contained a list of names of Protestant Christians who would be targeted, but also named some of their children.

“I believe that there is an ulterior motive behind the killings,” Geske reportedly said. “This may be linked to Ergenekon or another criminal group. I believe that the young men who carried out the murders were directed by criminal elements. I want those criminal elements to be exposed. Otherwise, the lives of those young men will be wasted while the real criminals will go unpunished.”

The next Malatya hearing is scheduled for Jan. 20.

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

Trial over ‘Insulting Turkishness’ Again Yields No Evidence


Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, 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 for the past two years, ever 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.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News

China Moves Uyghur Christian Prisoner, Allows Family Visit


Court rejects appeal of 15-year sentence for Alimjan Yimit.

DUBLIN, April 29 (CDN) — Authorities in Xinjiang Province recently moved Uyghur Christian Alimjan Yimit from a prison in Kashgar to a prison in the provincial capital Urumqi and allowed the first visit from family members since his arrest in January 2008, sources told Compass.

Alimjan (Alimujiang Yimiti in Chinese) was noticeably thinner but in good spirits, the family told friends after their brief visit to him in Xinjiang No. 3 prison on April 20, one source told Compass. They were allowed only 15 minutes to speak with Alimjan via telephone through a glass barrier, the source said.

But Alimjan’s lawyers, Li Baiguang and Liu Peifu, were prohibited from meeting with him, despite gaining permission from the Xinjiang Bureau of Prison Management, the China Aid Association (CAA) reported on Saturday (April 24).

Officials have now granted Alimjan’s wife Gulnur (Chinese spelling Gulinuer) and other close family members permission to visit him once a month.

Alimjan and Gulnur pastored a Uyghur ethnic house church in Xinjiang prior to his arrest in January 2008.

Attorney Li told Radio Free Asia earlier this month that while the initial charges against Alimjan were both “instigating separatism” and “leaking state secrets” to foreign organizations, his actual offense was talking to visiting Christians from the United States.

The Kashgar Intermediate Court found Alimjan guilty of “leaking state secrets” on Oct. 27, 2009 and gave him a 15-year sentence. His lawyers appealed the sentence, but the People’s High Court of Xinjiang upheld the original verdict on March 16.

“This decision is illegal and void because it never succeeded in showing how Alimjan supplied state secrets to people overseas,” Li said, according to Radio Free Asia.

“Religion lies at the heart of this case,” fellow legal advocate Li Dunyong, who was effectively disbarred at the end of May 2008 when Chinese authorities turned down an annual application to renew his law license, told Radio Free Asia.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate. (See “China Refuses to Renew Licenses for Human Rights Lawyers,” June 11, 2009.)

Alimjan’s legal team now plans to appeal to the Beijing Supreme Court, according to CAA.

Court Irregularities

Officials initially interrogated Alimjan during his employment by two foreign-owned companies and forbade him to discuss the questioning with anyone. In September 2007 they closed the business he then worked for and accused him of using it as a cover for “preaching Christianity” among the Uyghurs.

Kashgar police then detained Alimjan on Jan. 11, 2008 on charges of endangering state security before formally re-arresting him on Feb. 20, 2008 for allegedly “inciting secession” and “leaking state secrets.”

He was then held for more than a year at the Kashgar Municipal Detention Center without facing trial.

After an initial closed hearing in the Kashgar Intermediate Court on May 27, 2008, court officials returned Alimjan’s case to state prosecutors citing lack of evidence. During a second secret hearing in July 2008 the charge of “inciting secession” was dropped. After further investigation the case was returned to court officials for consideration in mid-October 2008.

On Mar. 30, 2009, just one week after a rare prison visit from his lawyer, prison officials transferred Alimjan to a hospital in Kashgar. Alimjan called out to onlookers, “I’m sick. Tell my lawyer to come quickly to see me,” according to a CAA report. Compass sources confirmed that Alimjan had been beaten in prison. (See “Detained Uyghur Christian Taken to Hospital,” April 16, 2009.)

Last October, authorities finally sentenced Alimjan to 15 years in prison for “leaking state secrets” to foreign organizations.

“It is the maximum penalty for this charge … which requires Alimjan’s actions to be defined as having caused irreparable, grave national damage,” Li Dunyong said in a CAA press statement announcing the verdict.

The United Nations Working Group on Arbitrary Detention has ruled the arrest and detention of Alimjan to be arbitrary and in violation of international law, according to CAA.

Report from Compass Direct News 

Baseless Case Against Turkish Christians Further Prolonged


Justice Ministry receives international inquiry about progress of trial.

SILIVRI, Turkey, February 15 (CDN) — Barely five minutes into the latest hearing of a more than three-year-old case against two Christians accused of “insulting Turkishness and Islam,” the session was over.

The prosecution had failed to produce their three final witnesses to testify against Hakan Tastan and Turan Topal for alleged crimes committed under Article 301 of the Turkish penal code. The same three witnesses had failed to heed a previous court summons to testify at the last hearing, held on Oct. 15, 2009.

This time, at the Jan. 28 hearing, one witness employed in Istanbul’s security police headquarters sent word to inform the court that she was recovering from surgery and unable to attend. Of the other two witnesses, both identified as “armed forces” personnel, one was found to be registered at an address 675 miles away, in the city of Iskenderun, and the other’s whereabouts had not yet been confirmed.

So the court issued instructions for the female witness to be summoned a third time, to testify at the next hearing, set for May 25. The court ordered the witness in Iskenderun to submit his “eyewitness” testimony in writing to the Iskenderun criminal court, to be forwarded to the Silivri court. No further action was taken to summon the third witness.

International Inquiry

Judge Hayrettin Sevim, who has presided over the last five hearings on the case, informed the plaintiff and defense lawyers that recently his court had been requested to supply the Justice Ministry with a copy of relevant documents and details from the case file.

An inquiry outside Turkey about the progress of the case, he said, prompted the request.

Seven different state prosecutors have been assigned to the case since Prosecutor Ahmet Demirhuyuk declared at the fourth hearing in July 2007 that “not a single concrete, credible piece of evidence” had been produced to support the accusations against the Protestant defendants. After Demihuyuk recommended that the charges be dropped and the two Christians acquitted, he was removed from the case.

Originally filed in October 2006, the controversial Article 301 case accused Tastan and Topal, both former Muslims who converted to Christianity, of slandering the Turkish nation and Muslim religion while involved in evangelistic activities in Silivri, an hour’s drive west of Istanbul in northwestern Turkey.

After Turkey enacted cosmetic changes in the wording of Article 301 in May 2008, all cases filed under this law require formal permission from the justice minister himself to go on to trial.

According to the Turkish Justice Ministry, only eight of more than 900 Article 301 cases sent for review since the law’s revision have been approved for prosecution. On Friday (Feb. 12) the Justice Ministry declined in writing a Compass request last month for a list of the eight cases in question.

Despite the lack of any legally credible evidence against Tastan and Topal, the Silivri case is one of those eight cases personally approved by the Justice Minister.

According to a CNNTURK report dated Dec. 8, 2009, U.S. President Barack Obama raised the Article 301 issue with Turkish Prime Minister Recep Tayyip Erdogan during their last face-to-face meeting in Washington, D.C.

“I think those asking about this don’t know what Article 301 is,” Erdogan reportedly said. “Until now it has only happened to eight persons.”

This month the Organization for Security and Cooperation in Europe criticized Turkey’s revision of Article 301, declaring that the government should simply abolish the law.

The Parliamentary Assembly of the Council of Europe (PACE) in Strasbourg also warned earlier this month that Turkey is violating Article 10 of the European Convention on Human Rights to the extent that the European Court of Human Rights may impose sanctions on Turkey over Article 301.

Noting that the Assembly welcomed previous amendments to the law, the most recent PACE report declares it “deplores the fact that Turkey has not abolished Article 301.”

Report from Compass Direct News