Pakistani Woman Appeals Death Sentence for ‘Blasphemy’

District judge bows to pressure of local Muslims, handing down stunning sentence to Christian.

LAHORE, Pakistan, November 13 (CDN) — Attorneys for a Christian mother of five sentenced to death by hanging for allegedly speaking ill of Muhammad, the prophet of Islam, have filed an appeal of the verdict, they said.

Bowing to pressure from Muslim extremists in Pakistan, according to the Christian woman’s husband and rights groups, a district court judge handed down the stunning sentence to Asia Noreen on Monday (Nov. 8). Additional District and Sessions Judge Naveed Ahmed Chaudhary of Nankana Sahib district delivered the verdict under Pakistan’s controversial “blasphemy” statute, the kind of law that a resolution before the United Nations condemning “defamation of religions” would make legitimate internationally.

Noreen is the first woman to be sentenced to death under Pakistan’s widely condemned law against defaming Islam.

Noreen’s lawyer, Chaudhry Tahir Shahzad, said that among other allegations, she was accused of denying that Muhammad was a prophet.

“How can we expect a Christian to affirm a Muslim belief?” Shahzad said. He added that he and lawyer Manzoor Qadir had filed an appeal against the district sessions court’s verdict in the Lahore High Court.

Asia (alternately spelled Aasya) Noreen has been languishing in isolation in jail since June of last year after she argued with fellow field workers in Ittanwali village who were trying to pressure her into renouncing Christianity. Her husband, Ashiq Masih, told Compass that the argument began after the wife of an Ittanwali elder sent her to fetch water in Nankana Sahib district, about 75 kilometers (47 miles) from Lahore in Punjab Province.

The Muslim women told Noreen that it was sacrilegious to drink water collected by a non-Muslim, he said.

“My wife only said, ‘Are we not all humans?’ when the Muslim women rebuked her for her faith,” Masih, a field laborer, told Compass by telephone. “This led to an altercation.”

Centre for Legal Aid Assistance and Settlement (CLAAS) General Secretary Katherine Sapna told Compass that the women told Muslim cleric Muhammad Salim about the incident, and he filed a case with police on the same day, June 14, 2009.

On June 19, 2009, Masih said, the Muslim women suddenly raised a commotion, accusing Noreen of defaming Muhammad.

“Several Muslim men working in the nearby fields reached the spot and forced their way into our house, where they tortured Asia and the children,” said Masih, who confirmed that his wife is 45 years old and that they have five children – four girls and a boy, the oldest daughter 20.

Police arrived and took his wife into custody, presumably for her own protection, he said.

“They saved Asia’s life, but then later a case was registered against her under Sections 295-B and C [blaspheming the Quran and Muhammad, respectively] at the Nankana police station on the complaint of Muhammad Salim, the local imam [prayer leader] of the village,” he said. “Asia has been convicted on false charges. We have never, ever insulted the prophet Muhammad or the Quran.”

Salim reportedly claimed that Noreen confessed to speaking derogatorily of Islam’s prophet and apologized. Under immense pressure from local Muslims, according to Masih, CLAAS and Sohail Johnson of Sharing Life Ministry, local judge Chaudhary ruled out the possibility that Noreen was falsely accused. In spite of repeated efforts by the Muslim women to pressure her into renouncing her faith, the judge also reportedly ruled “there were no mitigating circumstances.”

Chaudhary also fined her 100,000 rupees (US$1,150), according to CLAAS.

Ataul Saman of the National Commission for Justice and Peace (NCJP) said that lower court verdicts in blasphemy cases are usually overturned by higher courts. He said lower court proceedings take place under intense pressure, with local Muslims gathering outside and chanting slogans to pressure judges. Saman added that NCJP research showed that up to 80 percent of blasphemy charges are filed against people to settle personal scores.

Rights groups have long criticized Pakistan’s blasphemy laws as too easily used to settle grudges or oppress religious minorities, such as the more than 4 million Christians that Operation World estimates out of Pakistan’s total population of 184.7 million. To date no one has been executed for blasphemy in Pakistan, as most are freed on appeal after suffering for years under appalling prison conditions. Vigilantes have killed at least 10 people accused of blasphemy, rights groups estimate.

Noreen was convicted under Section 295-C of the defamation statutes for alleged derogatory comments about Muhammad, which is punishable by death, though life imprisonment is also possible. Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment. Section 295-A of the defamation law prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” It is punishable by life imprisonment, which in Pakistan is 25 years.

Between 1986 and August 2009, at least 974 people have been charged with defiling the Quran or insulting Muhammad, according to the NCJP. Those charged included 479 Muslims, 340 Ahmadis, 119 Christians, 14 Hindus and 10 from other religions.

Johnson of Sharing Life Ministry, which is active in prisons and has been following Noreen’s case from the onset, said he was impressed by her continued faith.

“A week before the verdict, I went to visit Asia in jail,” he said. “I asked her what she was expecting. She told me that Jesus would rescue her from this fake case.”

The verdict was shocking in that no one was expecting a death sentence for a woman, he said. Masih agreed.

“Asia was hoping that the judge would free her and she would come home to be with us, but this conviction has dashed our hopes for now,” Masih said.

He said that since the sentencing, authorities have not allowed him or other members of their family to visit his wife.

“We don’t know yet how she is, but we trust the Lord,” he said. “Asia is suffering for Jesus, and He will not forsake her.”

Report from Compass Direct News

INDIA: NEWS BRIEFS

Recent Incidents of Persecution

Rajasthan, March 31 (Compass Direct News) – Hindu extremists from the Vishwa Hindu Parishad (VHP or World Hindu Council) on March 21 attacked Bible students and staff members of the Believers Church and demanded 10,000 rupees (US$193) from them in Udaipur. A church source said the Christians were distributing gospel tracts in a Jeep when the extremists stopped them and dragged the driver out. Commandeering the vehicle, the Hindu extremists drove toward a remote area and beat the Christians, tearing up their gospel tracts. The church representative told Compass some Christians sustained minor injuries. The Christians later reached an agreement with the extremists without bowing to their demands to cease evangelistic activity.

 

Kerala – About 10 Hindu hardliners from the Bharatiya Janata Party (BJP) on March 15 attacked an evangelist in Malapuram. The Global Council of Indian Christians reported that the extremists pulled away Tribal Mission evangelist O.J. Andrews as he was leading a worship service, dragged him about 30 kilometers (19 miles) in the street and beat him. The extremists had earlier accused the pastor of forceful conversion in a poster they had pasted on a wall, a charge he denied. Andrews filed a police complaint in Nilampur police station, but Sub-Inspector Ommer, who goes by one name, told Compass that the evangelist agreed to withdraw the charge after the extremists agreed to live peaceably with Christians. Police gave the hard-line BJP members a stern warning not to disturb the Christians again.

 

Punjab – Hindu extremists from the Rashtriya Swayamsevak Sangh on March 15 accused a pastor of trying to convert people to Christianity by offering them money and seriously injured another Christian in Ludhiana. A source told Compass that at about 4 p.m. on the previous day, a pastor identified only as Tiwari and other Christians were distributing gospel tracts when a group of Hindu extremists attacked them. They beat six Christians in all, including women, all of whom sustained minor injuries. The next day, about 200 area extremists massed and removed a cross, pictures and gospel literature and burned them in a fire as they danced around it. They beat Christians present, seriously injuring Ayub Masih. Police arrived, and each party filed complaints against the other. Superintendent of Police Harbinder Singh told Compass that about 20 police officers are posted in the area and that officials were trying to arrange a peace agreement between the two parties.

 

Himachal Pradesh – Gospel for Asia (GFA) reported that Hindu extremists beat two Christian missionaries on March 14 in an undisclosed village in Himachal Pradesh. A mob of about 30 Hindu hardliners beat and kicked GFA missionaries Murari Jay and Atul Rajesh, leaving Jay with severe injuries to his back and Rajesh with acute head trauma. GFA representative Sushant Sona told Compass that, besides beating the Christians, the intolerant Hindus stormed into their home and burned their belongings. At about 6:30 p.m. the extremists took the Christians to the police station, and officers took them into custody allegedly as a security measure. They were released at about 11:30 p.m. The assailants reached an agreement by which they agreed not to attack the Christians again if the Christians agreed to drop charges.

 

Madhya Pradesh – Hindu extremists on March 12 splashed gas on the house of a pastor in Nainpur, Mandala and set it aflame. A source said the extremists burned the house of pastor James Masih of St. Mark Church at midnight, damaging doors, windows, curtains, files and furniture. Pastor Masih told Compass that local people opposed his congregation because of their Christian activities. The pastor filed a police complaint at Nainpur police station, but no arrests had been made at press time.

Report from Compass Direct News

INDONESIA: SHARIA-BASED LAWS CREEP INTO HALF OF PROVINCES

Islamic-based legislation may be a key issue in this year’s elections.

DUBLIN, February 2 (Compass Direct News) – As candidates hit the campaign trail in preparation for Indonesia’s presidential election in July, rights groups have voiced strong opposition to an increasing number of sharia-inspired laws introduced by local governments. They say the laws discriminate against religious minorities and violate Indonesia’s policy of Pancasila, or “unity in diversity.”

With legislative elections coming in April and President Susilo Bambang Yudhoyono likely to form a coalition with several Islamic parties for the July presidential election, such laws could become a key campaign issue.

Although Aceh is the only province completely governed by sharia (Islamic law), more than 50 regencies in 16 of 32 provinces throughout Indonesia have passed laws influenced by sharia. These laws became possible following the enactment of the Regional Autonomy Law in 2000.

The form of these laws varies widely. Legislation in Padang, West Sumatra, requires both Muslim and non-Muslim women to wear headscarves, while a law in Tangerang allows women found “loitering” alone on the street after 10 p.m. to be arrested and charged with prostitution. Other laws include stipulations for Quran literacy among schoolchildren and severe punishment for adultery, alcoholism and gambling.

“Generally the legal system regulates and guarantees religious freedom of Indonesian citizens … but in reality, discrimination prevails,” a lawyer from the legal firm Eleonora and Partners told Compass.

Some regencies have adopted sharia in a way that further marginalizes minority groups, according to Syafi’I Anwar, executive director of the International Center for Islam and Pluralism.

“For instance, the Padang administration issued a law requiring all schoolgirls, regardless of their religion, to wear the headscarf,” he told the International Herald Tribune. This is unacceptable because it is not in line with the pluralism that the constitution recognizes.”

Freedom of religion is guaranteed by Article 29 of the country’s constitution, he added. “Therefore the government must assist all religious communities to practice their beliefs as freely as possible and take actions against those who violate that right.”

While Indonesia’s largest Muslim group, Nahdlatul Ulama (NU), has publicly denounced the implementation of such laws, other groups actively support them. The Committee for the Implementation and Maintenance of Islamic Law (KPPSI) has held several congresses in Makassar, South Sulawesi with the goal of passing sharia-inspired legislation and obtaining special autonomy for the province, similar to that in Aceh.

KPPSI has also encouraged members to vote for politicians who share their goals, according to local news agency Komintra.

 

‘Threatening’ Decision

In February of last year, Home Affairs Minister Mardiyanto declared that the government saw no need to nullify some 600 sharia-inspired laws passed by local governments. His announcement came after a group of lawyers in June 2007 urged the government to address laws that discriminated against non-Muslims.

Moderates were alarmed at Mardiyanto’s decision, fearing it would encourage other jurisdictions to pass similar laws. Last August, Dr. Mohammad Mahfud, newly re-elected as head of the Constitutional Court, slammed regional administrations for enacting sharia-inspired laws.

“[These] laws are not constitutionally or legally correct because, territorially and ideologically, they threaten our national integrity,” he told top military officers attending a training program on human rights, according to The Jakarta Post.

Mahfud contended that if Indonesia allowed sharia-based laws, “then Bali can pass a Hindu bylaw, or North Sulawesi can have a Christian ordinance. If each area fights for a religious-based ordinance, then we face a national integration problem.” According to Mahfud, sharia-based laws would promote religious intolerance and leave minority religious groups without adequate legal protection.

Under the 2000 Regional Autonomy Law, the central government has the power to block provincial laws but showed little willingness to do so until recently when, bowing to pressure from advocacy groups, it pledged to review 37 sharia-based ordinances deemed discriminatory and at odds with the constitution.

Such reviews are politically sensitive and must be done on sound legal grounds, according to Ridarson Galingging, a law lecturer in Jakarta.

“Advocates of sharia-based laws will stress the divine origin of sharia and resist challenges [that are] based on constitutional or human rights limits,” he told The Jakarta Post. “They maintain that sharia is authorized directly by God, and political opposition is viewed as apostasy or blasphemy.”

 

Empowering Vigilantes

A national, sharia-inspired bill regulating images or actions deemed pornographic sparked outrage when presented for a final vote in October last year. One fifth of the parliamentarians present walked out in protest, leaving the remainder to vote in favor of the legislation.

The bill provided for up to 15 years of prison and a maximum fine of US$1.5 million for offenders.

“This law will only empower vigilante groups like the Islamic Defender’s Front (FPI),” Eva Sundari, a member of the Democratic Party of Struggle (PDIP) told reporters. FPI is widely-regarded as a self-appointed moral vigilante group, often raiding bars and nightclubs, but also responsible for multiple attacks on churches.

“Many of the members are preparing for elections and looking for support among the Islamic community,” she added. “Now they can point to this law as evidence that they support Islamic values.”

Although several Golkar Party politicians support sharia-based laws, senior Golkar Party member Theo Sambuaga has criticized politicians for endorsing such legislation to win support from Muslim voters. Several major parties openly back sharia laws, including the Prosperous Justice Party (PKS), the United Development Party, and the Crescent Star party.

 

Key Election Issue

Sharia-based laws may become an even hotter election issue this year as a change to the voting system means more weight will be given to provincial candidates.

Political analysts believe Yudhoyono must form a coalition with most if not all of the country’s Islamic parties in order to win a majority vote against the Golkar party, allied for this election with former president Megawati Sukarnoputri’s PDIP.

The coalition Yudhoyono could form, however, likely would come with strings attached. As Elizabeth Kendal of the World Evangelical Alliance wrote in September 2008, “The more the president needs the Islamists, the more they can demand of him.”

In 2004, Yudhoyono partnered with the NU-sponsored National Awakening Party, the National Mandate Party (founded by the Islamic purist organization Muhammadiyah) and the PKS to achieve his majority vote. Analysts predict PKS will again be a key player in this election.

Few realize, however, that PKS draws its ideology from the Muslim Brotherhood, a group formed in Egypt in 1928 with a firm belief in Islamic world dominance. Crushed by the Egyptian government in the 1960s, members of the Brotherhood fled to Saudi Arabia, where they taught in the nation’s universities – influencing the future founders of Al Qaeda, Hamas, and Sudan’s National Islamic Front.

The Brotherhood took root at a university in Bandung, West Java in the 1970s in the form of Tarbiyah, a secretive student movement that eventually morphed into the Justice Party (JP) in 1998. Winning few votes, JP allied itself with a second party to form the PKS prior to the 2004 elections.

Since then, PKS has gained widespread support and a solid reputation for integrity and commitment to Islamic values. Simultaneously, however, PKS leaders are vocal supporters of Abu Bakar Ba’asyir, leader of the terrorist group Jemaah Islamiyah (JI).

Sadanand Dhume, writing in the Far Eastern Economic Review, says the two organizations have much in common. In its founding manifesto, PKS calls for the creation of an Islamic caliphate. Unlike JI, however, “the party can use its position in Parliament and its … network of cadres to advance the same goals incrementally, one victory at a time.”  

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