Two Iranian Christian Women Acquitted of all Charges

Young converts previously held in prison for Christian activities have fled country.

ISTANBUL, May 27 (CDN) — Nearly five months after releasing them from prison, an Iranian court has acquitted two women of all charges related to being Christians and engaging in Christian activities.

Iranians Maryam Rostampour and Marzieh Amirizadeh Esmaeilabad were arrested on March 5, 2009 and detained on charges of “acting against state security,” “taking part in illegal gatherings” and “apostasy” (leaving Islam) under Iran’s Revolutionary Court system.

After nearly eight months, on Nov. 18, 2009 authorities released them conditionally.

Although the court hearing their case originally set April 13 as their trial date, Compass was unable to confirm on what date the two women were acquitted, nor the conditions of their acquittal.

Senior Iranian judges and officials repeatedly intimidated the two women and pressured them to recant their faith, according to a press statement by Elam Ministries last week.

“They were warned that any future Christian activity in Iran will be seriously dealt with,” according to the statement.

Elam Ministries said the two women had fled Iran on Saturday (May 22) to an undisclosed location and were recovering.

Another Iranian convert who was forced to flee his country under similar circumstances years ago told Compass that he believed the intense lobbying efforts to release and acquit the women brought the government to an unspoken “standoff” with Christian rights groups outside the country.

“I think the court just made a political decision, ‘We will let you go, but we will not allow you to stay in the country,’” said the Iranian Christian, who requested anonymity. “That’s a pretty old-fashioned procedure they have – ‘We will let you go if you leave the country. You can have your faith, but not here.’”

In general, when Iranian authorities arrest Christians, they release them on bail within a few weeks and keep their case files open, thus applying soft pressure while allowing them to continue living in Iran. In cases where the government wants to remove Christians from the country because of their Christian activities, authorities have handed the Christians their passports and documents and told them to leave.

Iran’s government views all Christian activities as foreign intervention and thus a threat to national security. The two women’s families had hired a private lawyer.

Since their release, the young converts to Christianity had been waiting for a trial date and decision from an Iranian court to decide their fate as Christians living their faith. During this time, sources said that authorities watched them closely and that the two women were under “pressure” and received threatening phone calls.

“The government would not want them to stay in the country as heroes,” said the Iranian Christian. “It would be better for the government if they left Iran and didn’t become a positive example for the rest of the Christian community in Iran. Otherwise they would create a precedent of [Christians] who have not denied their faith, who have been acquitted and still live as Christians inside the country.”

The two women thanked Christians who have been praying for them, according to Elam.

“We hope to eventually share some of what the Lord allowed us to go through to highlight the need and the opportunity for the church in Iran, but right now we will take time to pray and seek the Lord for His will,” said Rostampour, according to Elam’s press statement.

Iran’s Constitution gives Christians “protected” religious minority status, but in practice they face substantial societal discrimination, according to the U.S. Department of State’s International Religious Freedom Report 2009.

An article mandating death for apostates in accordance with sharia (Islamic law) reportedly has been stricken from a draft penal code, but experts on Iran say The Council of Guardians and Iran’s Supreme Leader still have the final say on who receives capital punishment for leaving Islam.

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

IRAN: COURT FINDS WAY TO ACQUIT CHRISTIANS OF ‘APOSTASY’

Tribunal tries to save face by claiming pastors never converted from Islam.

LOS ANGELES, October 30 (Compass Direct News) – An Iranian judge has ordered the release of two pastors charged with “apostasy,” or leaving Islam, but the defendants said the ruling was based on the court’s false claim that they confessed to having never converted to Christianity.

Mahmoud Matin Azad, 52, said he and Arash Basirat, 44, never denied their Christian faith and believe the court statement resulted from the judge seeking a face-saving solution to avoid convicting them of apostasy, which soon could automatically carry the death penalty.

Azad and Basirat were arrested May 15 and acquitted on Sept. 25 by Branch 5 of the Fars Criminal Court in Shiraz, 600 kilometers (373 miles) south of Tehran.

A court document obtained by human rights organization Amnesty International stated, “Both had denied that they had converted to Christianity and said that they remain Muslim, and accordingly the court found no further evidence to the contrary.”

Azad vehemently denied the official court statement, saying the notion of him being a Muslim never even came up during the trial.

“The first question that they asked me was, ‘What are you doing?’ I said, ‘I am a pastor pastoring a house church in Iran,” he told Compass. “All my [court] papers are about Christianity – about my activity, about our church and everything.”

Members of Azad’s house church confirmed that the government’s court statement of his rejection of Christianity was false.

“His faith wasn’t a secret – he was a believer for a long, long time,” said a source who preferred to remain anonymous.

During one court hearing, Azad said, a prosecutor asked him, “Did you change your religion?” Azad responded, “I didn’t have religion for 43 years. Now I have religion, I have faith in God and I am following God.”

If the court misstated that the two men said they were Muslims, it likely came from political pressure from above, said Joseph Grieboski, founder of the Institute on Religion and Public Policy.

“If the court did in fact lie about what he said, I would think it’s part of the larger political game that [President Mahmoud] Ahmadinejad and his factions are trying to play to garner political support for him,” Grieboski said.

Ahmadinejad, who is facing re-election, has approval ratings hovering above the single digits and has faced international criticism for the apostasy law.

“What he does not need is bad press and bad political positioning,” Grieboski said. “I would be shocked if [the acquittal] were not somehow involved in the presidential campaign.”

International condemnation of the law and of the proposed mandatory death penalty for those who leave Islam come as Iran faces new rounds of U.N. economic sanctions for uranium enrichment.

Upon his release, Azad said that no reason was given for the court freeing him and Basirat. Disputing the court’s allegation that they claimed to be Muslims, Azad said that he told his attorney, “Two things I will never say. First, I will not lie; second, I will not deny Jesus my Lord and my Savior.”

The two men are grateful for their release, he said, but they worry that their acquittal might merely be a tactic by the Iranian government to wait for them to re-engage in Christian activity and arrest them again. Their release could also put anyone with whom they associate in danger, Azad said.

There is another worry that the government could operate outside the law in order to punish them, as some believe has happened in the past. The last case of an apostasy conviction in Iran was that of Christian convert Mehdi Dibaj in 1994. Following his release, however, Dibaj and four other Protestant pastors, including converts and those working with converts, were brutally murdered.

A similar motivation could have prompted the judge to release the two pastors. Leaving their deaths up to outside forces would abrogate him from personally handing down the death penalty, Grieboski said.

“Even in Iran no judge wants to be the one to hand down the death penalty for apostasy,” he said. “The judge’s motivation [in this hearing] could have been for his own face-saving reasons, for the possibility of arresting more people, or even for the possibility that the two defendants will be executed using social means rather than government means. Any of these are perfectly legitimate possibilities when we start talking about the Iranian regime.”

The court case against Azad and Basirat came amid a difficult time for local non-Muslims as the Iranian government attempted to criminalize apostasy from Islam.

On Sept. 9 the Iranian parliament approved a new penal code by a vote of 196-7 calling for a mandatory death sentence for apostates, or those who leave Islam. The individual section of the penal code containing the apostasy bill must be passed for it to go into law.

As recently as late August, the court was reluctant to release the two men on bail. At one point Azad’s attorney anticipated the bail to be between $40,000 and $50,000, but the judge set the bail at $100,000.

The original charge against Azad and Basirat of “propaganda against the Islamic Republic of Iran” was dropped, but replaced with the more serious charge of apostasy.

Those close to the two pastors were relieved at the acquittal since they expected their detention to be lengthy.

“We had anticipated [Azad’s incarceration] would be a while, and then we got this notice that they were released,” said a family friend of Azad. “We were shocked by that.”

Azad described his four-month incarceration in positive terms. He said that while in prison he was treated with respect by the authorities because he explained that he was not interested in political matters and was a pastor.  

Report from Compass Direct News