Christians Concerned over Acquittals in Orissa, India Violence


Lax investigation, prosecution, lack of witness protection cited as reasons for injustice.

NEW DELHI, September 30 (CDN) — Only 24 people have been convicted a year after anti-Christian mayhem took place in India’s Orissa state, while the number of acquittals has risen to 95, compounding the sense of helplessness and frustration among surviving Christians.

Dr. John Dayal, secretary general of the All India Christian Council, called the trials “a travesty of justice.”

Last month a non-profit group, the Peoples Initiative for Justice and Peace (PIJP), reportedly found that as many as 2,500 complaints were filed with police following the violence in August-September 2008 in the eastern state’s Kandhamal district. The violence killed at least 100 people and burned more than 4,500 houses and over 250 churches and 13 educational institutions. It also rendered 50,000 people, mostly Christian, homeless.

Police, however, registered only 827 complaints and arrested fewer than 700 people, even though 11,000 people were named as attackers in those complaints, according to a PIJP survey.

“The manner of the judicial processes in the Kandhamal fast-track courts is tragic where all too many people have managed to escape conviction for crimes as serious as conspiracy for brutal, premeditated murder and deliberate arson,” Dayal told Compass.

Among those acquitted was Manoj Pradhan, who allegedly led mobs that killed Christians and burned their houses a few months before he became a state legislator from the Hindu nationalist Bharatiya Janata Party (BJP).

Facing charges in five cases of murder and six of arson, Pradhan has been acquitted in three cases.

On Thursday (Sept. 24), the judge of Fast Track Court-II, C.R. Das, acquitted Pradhan and another suspect, Mantu Nayak, on charges of killing Khageswar Digal for refusing to “reconvert” to Hinduism, according to the Press Trust of India (PTI). Digal was a 60-year-old Catholic and resident of Shankarakhol area in Chakapada Block in Kandhamal.

“The court acquitted the BJP MLA [Member of Legislative Assembly] and Nayak due to lack of proper evidence against them,” Special Public Prosecutor Pratap Patra told PTI.

The Rev. Ajay Singh, an activist from the Catholic Archdiocese of Cuttack-Bhubaneswar, said Digal’s son testified in court that he was witness to the killing of his father and knew the killers, and yet the accused were acquitted.

“It was a brutal murder, possibly a case of human sacrifice,” Singh said.

Digal was dragged from a vehicle before being killed on Sept. 24 last year – one month after the assassination of Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati by Maoists (extreme Marxists), which triggered the violence as Hindu extremists wrongly blamed Christians.

Singh spoke to the son of the deceased Digal, Rajendra Digal, who said his parents left their village after the violence and took shelter in the state capital, Bhubaneswar.

The elder Digal, who owned a grocery shop and 35 goats, returned to his village to see his house and livestock. After selling some of the goats, he boarded a public bus to Phulbani, Kandhamal district headquarters, to start his journey back to Bhubaneswar around noon on Sept. 24. As the bus started, however, some assailants allegedly led by Pradhan stopped the bus and dragged Digal out. They also broke his leg.

The attackers were said to have taken Digal to his village, where they looted his shop. Then they allegedly took him and eight of his goats to a nearby forest, where they feasted on the goat meat throughout the night.

When Rajendra Digal heard about it, he informed police, who allegedly took no interest in the complaint. Twelve days later, his father’s body, naked and burned with acid, was found 40 kilometers (25 miles) from the village. His genitals had also been chopped off.

Rajendra Digal said he believes his father may have been the victim of human sacrifice involving ritual feasting and torture.

Shoddy Probe, Lack of Evidence

A representative of the Christian Legal Association (CLA) said the police had been conducting investigations improperly.

The CLA source pointed out that in another Fast-Track Court-I case in which Pradhan was one of the accused, police had wrongly recorded the age of the informant, Bhutia Digal.

“The court observed that if the police could not cite the age of the informant correctly, how could they have investigated the case properly?” said the source, adding that such discrepancies were found in far too many cases.

During the violence in August-September 2008, the BJP was part of the ruling coalition with a local party, the Biju Janata Dal (BJD). The latter recently broke ties with the Hindu nationalist BJP, blaming it for violence in March, a month before the state assembly election.

The BJP lost the April-May election, and the BJD emerged as the stand-alone ruling party. It is believed that the state administration began taking action against the assailants only after the coalition split in March – six months too late, which possibly provided enough time for suspects to remove evidence and threaten witnesses.

Witnesses are still being threatened or bribed, according to rights groups.

On Thursday (Sept. 24), the day the BJP legislator was acquitted, the fast-track court also released five others accused of arson in the Tikabali area of Kandhamal in a separate case, reported the PTI.

Singh said the witnesses were either intimidated or bribed and therefore turned hostile to prosecutors in court. Friends of the accused took the witnesses to the court in their vehicle, he pointed out.

Dayal said the Orissa High Court should have taken notice of the increasing number of acquittals.

“A man now an MLA seems to be beyond the law,” he said. “I would demand a high-powered judicial review by the High Court of Orissa itself, or failing that, by civil society, which should set up an independent commission of retired judges and senior lawyers.”

Singh said police investigations and prosecutions were a “sham.” There is also “a pressing need for witness protection,” he said.

He added that there were reports of witnesses being intimidated and threatened in various villages, such as Dodingia, K. Nuagam, Phiringia and Solesoru. “Police are not entertaining complaints of the threat to the witnesses,” Singh said.

Dayal highlighted three essential problems: The quality of the charge-sheets prepared by police; the role of the public prosecutor in pressing the charges as prepared by police; and the circumstances under which eyewitnesses, “often sons and daughters of those killed, cannot attest to the truth or are forced into silence,” he said.

“India does not have a witness-protection program, and surely Kandhamal has none at all,” Dayal said. “Witnesses have to pass through an aggressive environment which affectively silences them. They are human beings and fear future violence, having seen brutal violence in the past.”

Singh and Dayal demanded that the cases be heard outside Kandhamal, preferably outside Orissa state.

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

NEW DELHI, September 30 (Compass Direct News) – A fast-track court in Orissa state on Sept. 23 delivered its first life sentences for those convicted of murder in 2008 violence in Kandhamal district, sentencing five people to life imprisonment for their involvement in the killing of Pastor Akbar Digal.

Digal, 40, pastor of a Baptist church in Tatamaha village under Raikia police jurisdiction in Kandhamal district, was killed on Aug. 26, 2008 after refusing the slayers’ demand that he forsake Christianity and convert to Hinduism. His body was reportedly cut to pieces and then burned.

He is survived by his wife, Ludhia Digal, and five children.

Additional Sessions Judge Sobhan Kumar Das of Fast Track Court-I at Phulbani district headquarters sentenced Sabita Pradhan, 30; Papu Pradhan, 30; Abinash Pradhan, 29; Dharmaraj Pradhan, 32; and Mania Pradhan, 28, to life in prison and a fine of 5,000 rupees (US$104). The five were arrested after Pastor Digal’s wife filed a First Information Report on Aug. 29, 2008.

Previous to these sentences, two fast-track courts had sentenced 12 people to prison for terms ranging only from four to six years. The government set up the two fast-track courts to try nearly 900 cases related to anti-Christian violence that erupted in August 2008. The first conviction was determined on June 30.

The special Phulbani court also sentenced six others to three years’ rigorous imprisonment on Sept. 22 for an arson attack on a journalist’s house in Kandhamal’s Phiringia village on Dec. 12, 2007.

Police had arrested 11 people in this case, but the court acquitted five for “lack of evidence.” Convicted were Ganpati Kanhar, Rabindra Kanhar, Parmeshwar Kanhar, Daleswar Kanhar, Tuba Kanhar and Vijay Kanhar, whose ages range from 25 to 40 years. They were also fined 4,000 rupees (US$83) each.

Report from Compass Direct News 

INDONESIA: NEW BUILDING SITE FOUND FOR BIBLE COLLEGE


Officials promise to buy previous campus site and issue permit for new site.

JAKARTA, May 11 (Compass Direct News) – Officials of the Arastamar School of Theology (SETIA) in Jakarta are considering the purchase of a new campus site after violent protests last July led to the eviction of 1,400 students and staff members.

Indonesian officials on May 1 inspected land for the new campus site and promised to issue a building permit. But SETIA would be required to obtain permission from potential neighbors in Bambu Apus district, East Jakarta, before the school could be built.

Since protests by neighbors of the original campus in Kampung Pulo, some 1,200 remaining staff members and students have moved to three separate emergency locations across Jakarta, in some cases living in leaking tents and holding classes under trees.

In mid-March, SETIA director Matheus Mangentang met with Fajar Panjaitan, assistant to the deputy governor of Jakarta, to discuss the governor’s promise to provide an alternative campus.

At the meeting, the governor’s office promised to purchase the original campus site but stipulated that the city would pay only for the land, not the buildings. The Jakarta official also promised to improve temporary accommodation for the students and issue a building permit for a new campus in a different location.

Deputy Gov. Prijanto, who has only a single name, initially suggested that SETIA move to an empty factory some 60 kilometers (37 miles) away in Cikarang, West Java, but Mangentang refused on the grounds that SETIA would be charged approximately 50 million rupiah (US$4,800) per month in service and security fees.

On Feb. 9 students had gathered in front of the presidential palace to protest the lack of adequate college facilities.

“We are asking the government to take responsibility for finding us a new campus,” a representative of the student council identified only as Herdi told Compass.

About 450 students are living and studying at a Boy Scouts campground in Cibubur, another 250 are in a migrant’s center in Kalimalang and the remaining 500 are in an abandoned West Jakarta mayoral office that lacks basic facilities such as adequate running water and toilets.

Machetes and Acid

Urged on by announcements from a mosque loudspeaker to “drive out the unwanted neighbor,” hundreds of protestors shouting “Allahu-Akbar [“God is greater]” and brandishing machetes, sharpened bamboo and acid had forced the evacuation of staff and students from the SETIA campus in Kampung Pulo village on July 26- 27, following a misunderstanding between students and local residents. Attackers injured at least 20 students, some seriously.

Key among motives for the attack was that area Muslims felt “disturbed” by the presence of the Christian college. They wanted it to be moved to another area.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved 600 female students to the BUPERTA Boy Scouts campground, where they were later joined by 100 male students. A further 400 male students were accommodated at a migrants’ center in Bekasi, while 32 post-graduate students were accommodated in a housing complex in Kota Wisata, not far from the BUPERTA campground.

In October, camp managers asked students to vacate the campground for a Boy Scouts’ event. Over 1,000 students from the campground and other locations then moved temporarily to an abandoned mayor’s office in Jakarta, although 450 of those later returned to the campground.

When no attempts were made to begin renovations on the mayor’s office, Mangentang himself hired bricklayers and carpenters to install more toilets, repair damaged ceilings on two floors of the building and erect partitions to create 13 classrooms. But the building still lacks many basic amenities, according to staff members. Students carry well water into the building in large plastic drums for showers, toilets, laundry and cooking.

Fauzi Bowo, governor of Jakarta, had originally promised the students that they could return to their original campus at the end of the Muslim fasting month of Ramadan. He then promised to find a site for a new campus and provide an official building permit. When these promises proved slow to materialize, Mangentang insisted that the governor’s office shoulder costs for temporary accommodation.

Report from Compass Direct News

INDONESIA: THEOLOGY STUDENTS MOVE TO ABANDONED OFFICE


Evacuated after Muslim attack in July, Christians forced to leave campground.

JAKARTA, October 27 (Compass Direct News) – Over 1,000 students forced from the Arastamar Evangelical School of Theology (SETIA) in East Jakarta have now moved into an abandoned mayor’s office in Jakarta after management at the Bumi Perkemahan Cibubur (BUPERTA) campground demanded that 700 students temporarily resident there had to leave by Oct. 14.

Urged on by announcements from a mosque loudspeaker to “drive out the unwanted neighbor,” hundreds of protestors shouting “Allahu-Akbar [“God is greater]” and brandishing machetes, sharpened bamboo and acid had forced the evacuation of staff and students from the SETIA campus in Kampung Pulo village on July 26 and 27, following a misunderstanding between students and local residents. Attackers injured at least 20 students, some seriously.

Key among motives for the attack was that area Muslims felt “disturbed” by the presence of the Christian college. They want it to be moved to another area.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved 600 female students to the BUPERTA campground, where they were later joined by 100 male students. A further 400 male students remained at a migrants’ center in Bekasi, while 32 post-graduate students were accommodated in a housing complex in Kota Wisata, not far from the campground in Cibubur.

Campground manager Umar Lubis sent a letter to SETIA principal Matheus Mangentang on Oct. 6 ordering the students to vacate the premises in advance of a pan-Asian scouts jamboree scheduled at the facility for Oct. 18-27. Lubis sent a copy of the letter to Fauzi Bowo, the governor of Jakarta.

Mangentang initially protested, since the campground could accommodate up to 30,000 people and there would only be 300 participants in the jamboree. He also noted that despite an agreement reached in September, Bowo had failed to repair and extend bathroom facilities in an abandoned mayoral office in Jakarta offered for use by the staff and students.

When the council made no attempt to begin renovations on the mayor’s office, Mangentang himself hired bricklayers and carpenters to install more toilets, repair damaged ceilings on two floors of the building and erect partitions to create 13 classrooms.

The students last week moved into the abandoned mayor’s office. But the building still lacks many basic amenities, according to staff. Students carry well water into the building in large plastic drums for showers, toilets, laundry and cooking.

One staff member told Compass that the water was slimy to the touch and not suitable for showering.

 

Broken Promises

Bowo had also promised Mangentang that the students could return to their original campus at the end of the Muslim fasting month of Ramadan. He then promised to find a site for a new campus and provide an official building permit, but at press time there was no evidence of action taken to fulfill these promises.

Mangentang has refused to cover costs for the campground, which now amount to some 580.7 million rupiah (US$58,418), on the grounds that since they were unfairly evicted from their campus, the governor’s office should fund the cost of temporary relocation.

Cibubur campground officials had also charged SETIA 50,000 rupiah (US$5) per day for water. When Mangentang refused to pay this fee, officials restricted the water supply so that there was not sufficient water available for laundry and shower facilities for the students.

Bowo had committed to paying those bills but said he must first meet with the local House of Representatives to request funding for them and any other expenses that would be incurred by providing a new building site and campus for SETIA.

SETIA staff sought advice from the National Commission on Human Rights in Jakarta on Sept. 7. The commission then wrote to the superintendent of police in Jakarta, asking for a police escort to return the students safely to their campus, but the superintendent did not respond. Neither has any investigation been carried out against the residents who violently attacked staff and students in July.

Last year the Muslim extremist Islamic Defenders’ Front demonstrated in front of the college, accusing it of having misapplied its permit.

Since 2007, protestors have held six demonstrations. On March 7, 2007, more than 200 Muslims set fire to construction workers’ quarters in an effort to keep SETIA from adding a fifth dormitory.

Three days later, some 300 people gathered to protest the construction, demanding that the school close. They claimed it was disturbing area residents when students sang during their classes and that students were evangelizing people in the area.

Government officials have brokered talks between the conflicting parties, without success.

Report from Compass Direct News

INDONESIA: UNHOUSED THEOLOGY STUDENTS ORDERED TO LEAVE CAMPGROUND


Principal refuses; mobs with knives and sharpened bamboo still active.

JAKARTA, August 28 (Compass Direct News) –The manager of a campground in East Jakarta this week asked staff members and 600 female students from a theological college who had taken refuge there to leave and pay stiff fees.

Officials had sent the students to the facility after a violent mob attacked the Arastamar Evangelical School of Theology (SETIA) in East Jakarta on July 25. Principal Matheus Mangentang refused to leave, saying that Fauzi Bowo, governor of Jakarta, had ordered them to stay at the campground.

He further asked that the manager send the bill, amounting to 268 million rupiah (US$29,000) for four weeks of accommodation, to the governor’s office. The governor then suggested moving the staff and students to an old building once used as the office for the mayor of West Jakarta.

Mangentang again refused, as the building would accommodate only 100 students and has very limited water and bathroom facilities.

Protestors first attacked the SETIA campus in Kampung Pulo, East Jakarta, on July 25. When police intervention failed, staff members and students were evacuated on July 26 and 27, even as protestors armed with swords, machetes, bamboo stakes and acid continued to attack them.

At least 20 students were injured in the attack, some with sword slashes.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved the female students to the Bumi Perkemahan Cibubur (BUPERTA) campground in East Jakarta, while the 500 male students were sent to a transmigrant accommodation facility in Bekasi.

At press time, police had still not arrested anyone in relation to the attack nor carried out an investigation.

The school, founded 21 years ago, has full legal permission and registration to operate. While now sitting in the middle of a populated area, when originally established the college was surrounded only by cornfields and banana plantations. (See Compass Direct News, “Students Demand Safe Return to College in Indonesia,” July 31.)

 

Mobs Still Active

When a rumor spread that SETIA students would return to the campus on Sunday (August 24), a mob assembled at the entrance gate, equipped with swords, knives and sharpened bamboo stakes. The rumor, however, was false, and the mob eventually dispersed.

On August 21, when staff member Miryo Suripati returned to her home near the campus to collect some clothing, a crowd of young people carrying swords and other weapons gathered outside the building. A local public order official explained that Suripati was not a student but a resident of the community and quickly escorted her out of the housing estate.

A handful of men who declared themselves spokesmen for the Kampung Pulo area have since claimed that residents object to the presence of the college. Compass sources refuted this claim, pointing out that students were welcome customers at area photocopying facilities, snack shops and other retail outlets, while residents were employed at the college as kitchen hands, cooks and security personnel.

The mobs were mostly composed of people from neighboring communities, not local residents, sources said.

 

Female Students in Tents

The BUPERTA campground is about a 90-minute drive from Jakarta, far from snack shops or stores selling daily necessities.

The female students are accommodated in large tents, with their belongings stacked against the tent walls, limited laundry and toilet facilities and a makeshift open-air kitchen. Some students expressed concern that the rainy season might begin soon, turning the flat campground into a swamp.

Church leaders who recently visited BUPERTA and took note of conditions said they would lobby the governor for permission for the students to return to their campus.

Several students, including Julidana Reva and Lasse (who has only a single name), who traveled from distant Nias Island to study at SETIA, told Compass that study was extremely difficult under these circumstances and that their lives were virtually “on hold” until they returned to campus.  

Report from Compass Direct News