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

ALGERIA: CHRISTIANS ACQUITTED IN BLASPHEMY CASE


Verdict suggests Algerian government could be softening crackdown on Christians.

ISTANBUL, October 29 (Compass Direct News) – A court in northwestern Algeria today acquitted three Christians charged with blaspheming Islam and threatening a member of their congregation who re-converted to Islam.

The acquittal was announced in a court at Ain El-Turck, 15 kilometers (nine miles) west of the coastal city of Oran. The defendants believe the judge’s decision to acquit was due to the spurious evidence used against them.

The acquittal also comes as part of a larger trend of the Algerian government bowing to negative international media attention and government condemnations of such cases, they said.

Defendant Youssef Ourahmane said that as a result, a recent government crackdown against evangelical Christians has eased off in recent months.

“We had noticed the last four or five months the government is trying to back down a little bit,” Ourahmane said. “I think the pressure on them has been strong, such as condemnations from the U.S. and foreign ministries from France, Italy, Switzerland, Austria and Spain. This pressure from outside has embarrassed the Algerian government very much.”

Algerian courts have handed several suspended sentences to local evangelicals in the last year under a recent presidential decree that prohibits proselytizing Muslims. No Christian, however, has served prison time on religious charges.

Ourahmane, Rachid Muhammad Essaghir, and a third man were charged in February with “blaspheming the name of the Prophet [Muhammad] and Islam” and threatening the life of a man who claimed to have converted to Christianity but who “returned” to Islam when his fundamentalist ties were exposed.

The first hearing of the three men took place on Oct. 21 in Ain El-Turck. A lawyer appointed by the Ministry of Religion also joined the hearing and surprised the defendants by supporting their plight.

The lawyer affirmed the rights of religious minorities such as Christians in Algeria. The Christians present said she would like the case to be closed.

A prosecutor in the case had sought three years of prison for the three men and a fine of 50,000 dinars (653 euros) for each.

Taking the stand last week, the three men were asked whether they had blasphemed Muhammad and threatened Shamouma Al-Aid, the convert and plaintiff. Al-Aid had professed Christianity from July 2004 through July 2006, when he attended a church near Oran. It was there that he met the Christians, against whom he later filed the blasphemy complaint.

Essaghir, an evangelist and church elder for a small community of Muslim converts to Christianity in Tiaret, has been one of the most targeted Christians in Algeria.

In the last year he has received three sentences, one for blasphemy and two for evangelism. Police stopped Essaghir and another man in June 2007 while transporting Christian literature. As a result they were convicted in absentia in November 2007 and given a two-year sentence and 5,000-euro fines. The Protestants requested a retrial, and the charges were dropped at a hearing in June.

Asked if he could explain why he and other Christians were under fire by Islamists, he told Compass that Muslims felt menaced by the existence of Christianity and its rise in Algeria.

“We are attacked because Muslims feel threatened by us,” said Essaghir. “There are many people who are coming to Christ.”

When the three accused Christians met Al-Aid, he claimed that his family was persecuting him, so they took him in to their church community. But in 2006 the Christians learned that Al-Aid in fact had links with Islamic fundamentalists.

After excommunicating Al-Aid, in October 2007 the three Christians were summoned by police when Al-Aid registered his complaint that they had insulted Muhammad and Islam and threatened his life.

“But the accusations against us are unfounded,” Essaghir told Compass last week by phone. “There is no proof, but we are being condemned because there is no justice.”

Ourahmane said that Al-Aid had shown the police text messages to support his claims, but that police said the number had not been registered with telecommunications services.

With their fresh acquittal, the three Christians could open a case against Al-Aid for bringing a case against them based on spurious evidence, according to Algerian law.

Instead, they want to offer their forgiveness, Ourahmane said.

“We have decided to forgive him and will communicate we are all ready to help him if he needs any help,” he said. “We are in touch with him through one of our team members, and if he is thirsty or hungry we are more than happy to help.”

 

Pressure on Algeria’s Church

The three acquitted men are just a few of the Algerian Christians who have come under legal heat in a wave of trials this year against the country’s tiny evangelical church.

Habiba Kouider, facing a three-year sentence after police stopped her while she was carrying several Christian books, has been kicked out of her family’s home. Kouider’s brothers learned about her conversion to Christianity after her case sparked national and international media attention.

In most cases the 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.

The international community has been vocal about the Algerian government’s stance toward Christians. On June 6, some 30 U.S. congressmen sent a letter to Algerian President Abdelaziz Bouteflika.

They addressed human rights violations resulting from Ordinance 06-03, which has resulted in the closures of churches and criminal charges against Christians.

Algeria’s constitution guarantees freedom of religion, but loose terminology in its penal code – such as Article 144, which calls for up to five years of prison for “anyone who offends the Prophet and denigrates the tenets of Islam” – has allowed judges to give Islamic practice the force of law.

On Sept. 29 six men in Biskra, 420 kilometers (260 miles) south of Algiers, were sentenced to four years of prison for eating in public before sunset during the month of Ramadan, according to Algerian national daily Liberte. Muslims are required to abstain from eating and drinking between sunrise and sunset during this 30-day period.

An Oct. 6 editorial in Algerian daily El Watan lamented the decision as proof that religious rights were eroding in Algeria.

“The divine law itself does not provide for severe penalties, and even the Taliban regime is not as strict,” said editorial writer Reda Bekkat. “One can imagine a judge tomorrow questioning people [who were] walking on the streets at the hour of prayer because they are not at the mosque.”  

Report from Compass Direct News

ALGERIA: ACCUSER IN BLASPHEMY CASE LINKED TO ISLAMISTS


There is no proof of charges, defense asserts; forgiveness offered to accuser.

ISTANBUL, July 18 (Compass Direct News) – Three Algerian Christians fighting a blasphemy sentence arrived at court in northwestern Algeria on Tuesday (July 15) to find that their hearing was postponed until October 21 because the presiding judge was on vacation.

Rachid Muhammad Essaghir, Youssef Ourahmane and a third man were charged in February with “blaspheming the name of the Prophet [Muhammad] and Islam” and threatening the life of a man who claimed to have converted to Christianity but who “returned” to Islam when his Islamic fundamentalist ties were exposed.

The three are just a few of the Christians under legal heat in a wave of trials this year against Algerian Christians on religion-based charges. In most cases the 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.

The international community has been vocal about the Algerian government’s stance toward Christians. More recently, on June 6, some 30 U.S. congressmen sent a letter to Algerian President Abdelaziz Bouteflika addressing the violations of human rights against Christians in Algeria and their concern toward the 2006 Decree on non-Muslim worship that has resulted in the closures of churches and criminal charges against Christians.

Essaghir, an evangelist and church elder for a small community of Muslim converts to Christianity in Tiaret, has been one of the most targeted Christians in Algeria. In the last year he has received three sentences; one for blasphemy and two for evangelism. He and the other two Christians were handed a three-year suspended sentence along with a 500-euro fine each.

The convert and plaintiff, Shamouma Al-Aid, had professed Christianity from July 2004 through July 2006 when he attended a church near Oran city. It was there that he met the Christians, against whom he later filed the blasphemy complaint.

When the three accused Christians met Al-Aid, he claimed that his family and especially his older brother were persecuting him.

“We believed him and took him in,” said Ourahmane. “We took care of him; we helped him to do his baccalaureate.”

But in 2006 the Christians learned that Al-Aid in fact had links with Islamic fundamentalists.

“He was in touch with fanatics while with us. He used us to get money and information,” said Ourahmane.

After excommunicating Al-Aid, in October 2007 the three Christians were summoned by police, and Al-Aid registered his complaint that they had insulted the prophet Mohammad and Islam and threatened his life.

But the lawyer of the three Christians told Compass that Al-Aid has failed to produce evidence of his claims and hopes to clear them in October.

“He has no proof,” said the lawyer.

Ourahmane said that Al-Aid had shown the police some text messages to support his claims but that police said the number had not been registered with telecommunications services.

Just over a month ago, Al-Aid went to the church where Essaghir is an elder.

“He was screaming and saying all sorts of things,” said Ourahmane. “We felt that maybe [fundamentalists] sent him expecting that we would be harsh and beat him up.”

Instead, the church called police, who came and took Al-Aid and Essaghir to the police station.

“I think it was planned,” said Ourahmane. “I think he’s a bit weak psychologically, so they use him.”

Asked about Al-Aid’s mental state, the lawyer told Compass, “I don’t think he is crazy, perhaps strange… perhaps there are others who are controlling him.”

The accuser told Compass by telephone that he was not ready to speak. “My story is long,” Al-Aid said.

Ourahmane said that before heading to court in Ain El-Turck west of Oran on Tuesday morning for the first scheduled appeal, he had spoken with Al-Aid, telling him that he was forgiven, that the accused still loved him and that he shouldn’t worry.

 

Constitutional Contradiction

The three accused men’s lawyer, who asked to be unnamed for security reasons, said that although Christians are protected by the country’s constitution to believe as they wish, the court can interpret the law based on Islamic laws.

“There is a contradiction there,” he said.

Though no Christian has yet served jail time on religious charges, several still on trial or appealing their convictions have said that negative publicity has damaged their businesses and family life. The government’s handing of suspended sentences also allows the government to save face before human rights advocates by showing its prison cells empty of Christian “convicts,” say experts on Algeria.

In response to criticism, government officials have said that Christians are subject to the same legal restrictions as those imposed on Muslims in the Muslim-majority nation.

They claimed last week that Protestant evangelists were seeking to divide Algeria by using conversions to create a new religious minority.

Report from Compass Direct News