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

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

Lawyer Calls Turkish Christians’ Trial a ‘Scandal’

Evidence still absent in case for ‘insulting Turkishness and Islam.’

SILIVRI, Turkey, October 16 (CDN) — After three prosecution witnesses testified yesterday that they didn’t even know two Christians on trial for “insulting Turkishness and Islam,” a defense lawyer called the trial a “scandal.”

Speaking after yesterday’s hearing in the drawn-out trial, defense attorney Haydar Polat said the case’s initial acceptance by a state prosecutor in northwestern Turkey was based only on a written accusation from the local gendarmerie headquarters unaccompanied by any documentation.

“It’s a scandal,” Polat said. “It was a plot, a planned one, but a very unsuccessful plot, as there is no evidence.”

Turkish Christians Hakan Tastan and Turan Topal were arrested in October 2006; after a two-day investigation they were charged with allegedly slandering Turkishness and Islam while talking about their faith with three young men in Silivri, an hour’s drive west of Istanbul.

Even the three prosecution witnesses who appeared to testify at Thursday’s (Oct. 15) hearing failed to produce any evidence whatsoever against Tastan and Topal, who could be jailed for up to two years if convicted on three separate charges.

Yesterday’s three witnesses, all employed as office personnel for various court departments in Istanbul, testified that they had never met or heard of the two Christians on trial. The two court employees who had requested New Testaments testified that they had initiated the request themselves.

The first witness, a bailiff in a Petty Offenses Court in Istanbul for the past 28 years, declared he did not know the defendants or anyone else in the courtroom.

But he admitted that he had responded to a newspaper ad about 10 years ago to request a free New Testament. After telephoning the number to give his address, he said, the book arrived in the mail and is still in his home.

He also said he had never heard of the church mentioned in the indictment, although he had once gone to a wedding in a church in Istanbul’s Balikpazari district, where a large Armenian Orthodox church is located.

“This is the extent of what I know about this subject,” he concluded.

Fidgeting nervously, a second witness stated, “I am not at all acquainted with the defendants, nor do I know any of these participants. I was not a witness to any one of the matters in the indictment. I just go back and forth to my work at the Istanbul State Prosecutors’ office.”

The third person to testify reiterated that he also had no acquaintance with the defendants or anyone in the courtroom. But he stated under questioning that he had entered a website on the Internet some five or six years ago that offered a free New Testament.

“I don’t know or remember the website’s name or contents,” the witness said, “but after checking the box I was asked for some of my identity details, birth date, job, cell phone – I don’t remember exactly what.”

Noting that many shops and markets asked for the same kind of information, the witness said, “I don’t see any harm in that,” adding that he would not be an open person if he tried to hide all his personal details.

For the next hearing set for Jan. 28, 2010, the court has repeated its summons to three more prosecution witnesses who failed to appear yesterday: a woman employed in Istanbul’s security police headquarters and two armed forces personnel whose whereabouts had not yet been confirmed by the population bureau.

Case ‘Demands Acquittal’

Polat said after the hearing that even though the Justice Ministry gave permission in February for the case to continue under Turkey’s controversial Article 301, a loosely-defined law that criminalizes insulting the Turkish nation, “in my opinion the documents gathered in the file demand an acquittal.”

“There is no information, no document, no details, nothing,” Polat said. “There is just a video, showing the named people together, but what they are saying cannot be heard. It was shot in an open area, not a secret place, and there is no indication it was under any pressure.”

But prosecution lawyer Murat Inan told Compass, “Of course there is evidence. That’s why the Justice Ministry continued the case. This is a large ‘orgut’ [a term connoting an illegal and armed organization], and they need to be stopped from doing this propaganda here.”

At the close of the hearing, Inan told the court that there were missing issues concerning the judicial legality and activities of the “Bible research center” linked with the defendants that needed to be examined and exposed.

Turkish press were conspicuously absent at yesterday’s hearing, and except for one representative of the Turkish Protestant churches, there were no observers present.

The first seven hearings in the trial had been mobbed by dozens of TV and print journalists, focused on ultranationalist lawyer Kemal Kerincsiz, who led a seven-member legal team for the prosecution.

But since the January 2008 jailing of Kerincsiz and Sevgi Erenerol, who had accompanied him to all the Silivri trials, Turkish media interest in the case has dwindled. The two are alleged co-conspirators in the massive Ergenekon cabal accused of planning to overthrow the Turkish government.

This week the European Commission’s new “Turkey 2009 Progress Report” spelled out concerns about the problems of Turkey’s non-Muslim communities.

“Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim religion,” the Oct. 14 report stated. “Further efforts are needed to create an environment conducive to full respect of freedom of religion in particular.”

In specific reference to Tastan and Topal’s case, the report noted: “A court case against two missionaries in Silivri continued; it was also expanded after the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code.”

The Turkish constitution guarantees freedom of religion to all its citizens, and the nation’s legal codes specifically protect missionary activities.

“I trust our laws on this. But psychologically, our judges and prosecutors are not ready to implement this yet,” Polat said. “They look at Christian missionaries from their own viewpoint; they aren’t able to look at them in a balanced way.”

Report from Compass Direct News 


Christian couple on trial; member of prosecution team threatens to kill wife.

ISTANBUL, May 29 (Compass Direct News) – Radical Pakistani Muslims in a town outside of Lahore this month overran a courtroom in hopes of swaying a judge in a “blasphemy” case against a Christian couple, and a member of the prosecution later threatened to kill the wife.

Some 50 molvis (Muslim clergy) on May 14 burst into the courtroom in Mustafabad, where a bail hearing was taking place in the case against Munir Masih and his wife Ruqiya Bibi, according to the Centre for Legal Aid Assistance and Settlement (CLAAS).

“Nobody could stop them as they rushed into the court,” said CLAAS’s Tahir Gull, sole representative for the accused. “They said, ‘No non-Muslim has the right to keep a Quran in his house, they have done this so they are liable to be punished.’”

Masih and Bibi, both in their 30s, were originally accused under section 295-B of Pakistan’s penal code with defiling the Quran by touching it with unwashed hands on Dec. 8 of last year. Masih was taken to prison and remained there until Jan. 22, when a Muslim neighbor who had asked him to store some of his possessions, including his Quran, testified on his behalf and the case was dropped.

The complainant, Mohammad Nawaz, subsequently filed another accusation on Feb. 12, this time under 295-C, blasphemy against Muhammad, Islam’s prophet. This charge carries a death sentence, whereas defiling the Quran calls for life imprisonment.

Despite pressure from the crowd of clerics, Judge Shafqat Ali – also a molvi – granted the couple bail. Following the hearing, however, a member of the prosecution team approached Bibi outside the courtroom and threatened to kill her.

“Ruqiya was waiting outside the court,” said Gull, “and one man came and said, ‘Whatever the decision, we will kill you.’”

A prosecution lawyer read portions of the Quran while presenting his case, he added.

“He was not explaining the law in which the accused were charged,” said Gull. “He was trying to influence the court religiously.”

Charges of blasphemy are common in Pakistan and particularly incendiary, often leading to strong shows of religious zeal. It is not uncommon for sections 295-B and 295-C of the Pakistani penal code to be invoked in retaliation for personal grievances.

“It is very easy to grab any person for religious reasons,” said Parvez Choudhry, chairman of Legal Aid for the Destitute and Settlement, who specialize in blasphemy cases. “There are many personal cases involving property, or money, or business that motivate the complainant against the accused person. All the cases are falsely charged.”

Pakistan’s blasphemy laws have come under heavy fire from international rights groups. Any private citizen can file blasphemy charges, destroying reputation and livelihood. The charge can possibly lead to the death penalty in the conservative Islamic country.

Masih, who before his initial arrest had been a day laborer, is no longer able to find work due to the stigma of the blasphemy accusation.

“There is a need to repeal these sections [295-B and 295-C],” said Choudhry. “This is considered a draconian law.”

Section 295-C carries a death sentence for anyone found “by words or visible representation or by an imputation or insinuation, directly or indirectly, [to have] defiled the name of the Muhammad of Islam.”

Choudhry suggested that just correcting the vagueness of this definition would go a long way toward reducing its frequent misuse.

“The word ‘indirect’ should be repealed – this is wrong, unconstitutional,” he said. “They have no value in the Evidence Act of Pakistan. The Evidence Act states that there needs to be direct evidence for a conviction.”

The next court date has not yet been assigned, but Gull said he is confident about securing an acquittal.

“We have a good case on our side,” he told Compass. “I am very optimistic.”

Report from Compass Direct News


After nearly two and half years in jail, elderly men’s 10-year sentences overturned.

ISTANBUL, April 21 (Compass Direct News) – After more than two years in a Pakistani jail, two elderly Christian men convicted of “blasphemy” against the Quran were acquitted on Thursday (April 16) when a high court in Lahore overturned their 10-year sentence.

James Masih, 67, and Buta Masih, 72, were accused of burning pages from the Quran in October 2006 and were also tried under an anti-terrorism law because their actions were deemed to have created fear and panic. In a case that drew crowds of Islamic fanatics, they were convicted on Nov. 25, 2006 of blaspheming Islam’s sacred book.

The pair has claimed from the start that the blasphemy charges were fabricated due to a dispute over a plot of land that a Muslim neighbor wanted James Masih to sell.

“It happens many times, it is always a false story due to some other enmity,” said Father Yaqub Yousaf, the men’s parish priest. “Pastors and priests, we tell them that it is better not to speak on religion with the Muslims, not to say anything that can hurt them, so normally they don’t do that.”

After rumors erupted that the two men had burned pages of the Quran on Oct. 8, 2006, some 500 Muslims attempted to kill them. Police arrested the two Christians and held off the crowds, which stayed outside the police station through the night.

The Christian men launched an appeal soon after their conviction and have since remained in prison.

“I appeared in court 27 times during the appeal,” said Khalil Tahir Sindhu, their lawyer. “Most of the time the judges postponed the case, saying, ‘We will hear the case next time.’”

Sindhu told Compass that religious bias and public pressure led to the judge’s original decision to sentence the men and could have had much to do with the delays in hearing the appeal.

“At the last hearing [Dec. 15, 2008], the judge reserved judgment, which according to law has to be given within three months,” he said. “But it was over three months, so I went to court and told him, ‘These are old men and they are sick, so please announce the judgment.’”

James Masih was hospitalized three times during his internment, receiving treatment for a chest infection.

“Jail is totally different [in Pakistan], you hardly have proper food, and no facilities,” said Fr. Yousaf. Sources said both men were traumatized by their ordeal, an effect also felt keenly by their families, who were rarely able to visit.


Permanent Stigma

Articles 295-B and 295-C of the Pakistan Penal Code respectively prescribe life imprisonment for desecrating the Quran and death for insulting Muhammad, the prophet of Islam.

Although the law has not been implemented to the full extent of capital punishment or life in prison since its introduction in 1986, there have been more than 20 deaths recorded in blasphemy-related violence.

Even after their acquittal and release, Sindhu said, the men will not be able to immediately return home.

“It is dangerous now, we will not send them to their home,” said Sindhu. “We will keep them away for one to two months until the situation changes. Anyone can kill them.”

Christians previously accused of blasphemy continued to experience prejudice and sometimes violence even after being cleared of the charges.

“It is difficult for the blasphemy accused to find work,” commented Wasim Muntizar from the Lahore-based Center for Legal Aid Assistance and Settlement. “Churches are afraid to help them, because fanatics won’t hesitate to kill the ‘blasphemer’ and attack the church.”

Although the families of James and Buta Masih remain excited at the prospect of the pair’s upcoming return home, Fr. Yousaf has urged them to keep their celebrations muted.

“They are excited, yes, but I told them not to express so strongly their joy about it,” he said. “I requested them to keep it secret, because it may not be safe – some of the Muslims may say the court has not taken the right decision. In the past people have been killed after being acquitted.”

Report from Compass Direct News


Religious reconciliation meetings produce first such acquittal as imams issue fatwa.

ISTANBUL, January 23 (Compass Direct News) – Five Christians charged with “blasphemy” against Islam during April 2007 religious holidays were released on Monday (Jan. 19) after reconciliation meetings between Christian and Islamic leaders – the first verdict to have resulted from such efforts in Pakistan.

A Punjab court released Salamat Masih, 42, his 16-year-old son Rashid, and their relatives Ishfaq, Saba and Dao Masih after a judge acquitted them. Their acquittal and release came through out-of-court meetings between Muslim leaders and a Christian Non-Governmental Organization.

“This is a wonderful sign that has made history,” said Shahzad Kamran, a case worker for Sharing Life Ministries Pakistan (SLMP), which negotiated with the Muslim leaders. “This case can set a precedent for future blasphemy cases against Christians.”

The reconciliation meetings between SLMP and local and national imams began last November. Rather than attempt to settle the matter in court, the legal advocacy group sought out Muslim leaders directly to persuade them that the accused were innocent; the Islamic clerics then compelled area Muslims to drop their charges.

The meetings took place between four Islamic clergymen, National Assembly Representative Mushtaq Ahmed and Sohail Johnson of the SLMP. Ahmed was unavailable for comment in spite of repeated attempts to contact him.

Johnson of SLMP took precautionary measures to keep from being exposed to violence, meeting with the imams in neutral locations away from mosques and Muslim parts of the city. The SLMP team managed to convince the Islamic clerics to release the Christians by persuading them that the alleged blasphemy grew from a misunderstanding.

“There is permission granted in Islamic law that if someone unintentionally commits an offense, it can be reconciled,” Johnson said. “[The cleric] said he would do it because he did not want to bring harm and injustice to the community.”

The Islamic clergymen agreed to issue a fatwa (religious edict) declaring the accused men innocent of blasphemy. The Muslim witnesses in the case withdrew their testimony on Jan. 13, and District Judge Sheik Salahudin acquitted the five men in a Toba Tek Singh court.

The legal advocates involved in the case said they would employ reconciliation in future cases of false blasphemy charges. They said that battling such cases in court can still free innocent people, but it does not help to solve sectarian strife that leads to violence and false charges.

But with reconciliation meetings, “the word of God has affected the hearts of the Muslims and changed their behavior,” Johnson said. “With our good behavior we can change the people.”

The SLMP’s Kamran said the imams declared the defendants innocent because they knew the men did not intentionally insult the Islamic religion. The situation likely escalated because it took place during an Islamic holiday, with the April 2007 Muslim celebration of Eid-e-Millad-ul-Nabi (Muhammad’s birthday) turning into mob violence after the spread of false rumors against Christians. Local Christian Ratan Masih was severely injured. Other Christians fled for fear of their lives, according to SLMP.

Approximately 2,000 Muslims attacked Christian Colony, a Christian neighborhood, stoning houses and torturing Christians, according to an SLMP report. Initially the mob violence began over a quarrel between Rashid Masih’s younger brother Daniel, 12, and a Muslim child named Sunny. In the course of the argument, a sticker fell off Sunny’s shirt that bore the words Yah Rasool Allah, a reference to Muhammad as God’s messenger.

A local resident, Mohammed Farsal, saw the sticker on the ground and accused the Christian children of blasphemy. Violence soon broke out, and police eventually arrested all five men on charges of insulting Islam.

Blasphemy charges against non-Muslims are not uncommon in Pakistan and are typically applied in cases of sectarian violence. Islamic leaders are often under community pressure to blame Christians in these situations.

Human rights lawyers hope this case sets a precedent for future blasphemy cases, with spurious charges of insulting Islam or its prophet becoming more difficult to press.

Other legal cases of blasphemy continue in Pakistan, including the arrest of Munir Masih and his wife Ruqiya Bibi for insulting Islam. They were granted bail yesterday in Kasur.

At the hearing, 20 local Muslims pressured the judge not to grant them bail, according to a report from the Centre for Legal Aid Assistance and Settlement.

On Wednesday (Jan. 21), Hector Aleem from Islamabad was falsely accused of blasphemy, most likely as a backlash to his role as a human rights activist, the report said.

Christian lawmakers in the Muslim-majority country of 170 million hope to curb these legal abuses by abolishing Pakistan’s blasphemy laws.  

Report from Compass Direct News


Detained since January, Alimjan Yimit awaits new court date.

DUBLIN, November 11 (Compass Direct News) – Chinese officials have yet to declare a new court date for Alimjan Yimit, a Christian house church leader and ethnic Uyghur in China’s northwest province of Xinjiang detained since his arrest on Jan. 12.

Alimjan’s name appears as Alimujiang Yimiti in Chinese documents.

State prosecutors in mid-October returned Alimjan’s case to a Xinjiang court for consideration, China Aid Association (CAA) reported. Court officials have refused to release details of the case to the public, but sources told Compass that further legal action is expected imminently.

Charges against Alimjan include “inciting secessionist sentiment to split the country” and “collecting and selling intelligence for overseas organizations,” CAA reported in June. Officials have threatened to hand down a sentence ranging from as much as six years in prison to execution.

Once a Muslim, Alimjan converted to Christianity more than 10 years ago and became active in the growing Uyghur church. Friends said they believe his faith is the real reason for his arrest.

His wife Gulnur has consistently proclaimed his innocence, pointing out that as an agricultural worker he had no access to information affecting national security and therefore could not be guilty of leaking such information.

Alimjan’s hair, dark when police arrested him on Jan. 12, is now graying as a result of harsh conditions in detention, sources said.

During Alimjan’s employment with two foreign-owned companies, officials from the State Security Bureau (SSB) regularly called him in for interrogation, forbidding him to discuss the questioning with anyone.

In September 2007, they closed the business Alimjan worked for and accused him of using it as a cover for “preaching Christianity among people of Uyghur ethnicity.”

Lawyers had hoped for an early acquittal for Alimjan based on evidence of unfair treatment due to his Christian beliefs. A lengthy bureaucratic process, however, has dimmed these hopes.

A trial was initially scheduled for April but postponed while court documents – including interrogation records from the Xinjiang SSB – were translated from Uyghur into Chinese.

When the case was heard on May 27, court officials allowed Alimjan’s two lawyers to be present but banned his wife from entering the courtroom due to the “sensitivity” of the case. After deliberations the court returned the case to state prosecutors citing insufficient evidence. (See Compass Direct News, “Court Cites ‘Insufficient Evidence’ in Christian’s Trial,” May 30.)

In September, Public Security Bureau officers in Xinjiang returned the case to state prosecutors, who again presented it to the court for consideration in October.


Another Uyghur Christian’s Appeal Denied

A second Uyghur Christian, Osman Imin, has aged dramatically and his health has deteriorated due to conditions in a labor camp where he is forced to work 12 to 15 hours per day.

In Chinese documents, Osman’s name appears as Wusiman Yaming.

The State Security Bureau in Hetian City, Xinjiang in September 2007 sentenced Osman to two years of re-education through labor for “revealing state secrets” and “illegal proselytizing.” Associates, however, said his arrest had nothing to do with disclosure of state secrets but with the fact that he was an outspoken Christian and a leader in the Uyghur church.

Authorities first arrested Osman in October 2004, holding him in a detention center in Hotan, southern Xinjiang, for an unspecified “violation of law,” according to CAA.

During his initial detention, Osman was chained to a metal bed and beaten repeatedly during interrogations, a source that spoke on condition of anonymity told Compass. (See Compass Direct News, “Uyghur Christians Arrested, Jailed in Xinjiang,” February 11.)

Osman was released on bail on Nov. 18, 2004 and bail was canceled in October 2006. On July 26, 2007, however, he was again placed under supervised house arrest and finally detained by police on Nov. 19 for allegedly leaking state secrets.

Officials had called for a 10- to 15-year criminal sentence, but after international media attention they reduced the term to two years in labor camp.

When Osman’s lawyer Liang Xiaojun appealed his sentence in June, court authorities insisted on a closed hearing on grounds that the case involved confidential information, CAA reported. They turned down the appeal, refusing to explain why and denying Osman proper access to his lawyer, which violated normal court procedure.

Compass previously reported that officials had arrested and detained a third Uyghur believer, a woman from southern Xinjiang. Further investigation revealed that both she and her husband were arrested on charges of theft.

Report from Compass Direct News


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