Why police should not be responsible for enforcing COVID vaccine certificates

Vincent Hurley, Macquarie UniversityWith states and territories beginning to plan their reopening strategies, questions have been raised about whether vaccination passports or certificates will be required to enter public venues – and who will be checking these documents.

The National Retail Association has said the “onus cannot be on the retailer” to enforce vaccine certificate compliance due to the potential for customer abuse. The group is calling on the police to do this.

In New South Wales, the health minister initially insisted police would be enforcing vaccine certificates. The NSW police commissioner, however, said police will not be doing so unless asked by venue owners.

The police commissioner has reason to be hesitant. The policing of vaccinations is not a criminal justice issue, it is a health issue. So why should we expect the police to enforce vaccine certificates?

If police are asked to take on this role, they would have to navigate their way through a “non-crime issue” being watched and critiqued by politicians, the retail sector, the health sector and the community at large.

This would place unfair expectations and undue pressure on our officers to handle a sensitive – not to mention time-consuming – task they should not be asked to do.

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Read more:
COVID has changed policing — but now policing needs to change to respond better to COVID

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How other countries are enforcing vaccine passports

Similar questions of enforcement are being raised in other countries that are rolling out COVID vaccine passports.

In the United States and United Kingdom, police have largely resisted taking on the responsibility for checking vaccine certificates, although this may change with the proliferation of fake vaccination cards being sold online and through the health sector.

In Switzerland, police will be responsible for ensuring compliance of the vaccine checks at public establishments, but due to lack of resources, this will only amount to spot checks or responding to businesses that ask for help. One canton said it will take a soft approach, with a spokeswoman saying

it is very important for us to proceed in a proportionate manner and with common sense.

In Israel, police will be stepping up enforcement of the country’s “green passes” at public venues. But officers will not be checking people at entrances; rather, they will focus on ensuring venue owners are enforcing the rules.

The constant checking of people’s vaccination status by authorities could be construed as one of the hallmarks of a police state; indeed, this is how China’s digital health code system operates.

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Read more:
China’s ‘surveillance creep’: how big data COVID monitoring could be used to control people post-pandemic

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If the police universally apply harsh or zero-tolerance policing at the behest of the state without the consent of population, we would in essence be living in a police state. Or worse, a place where police use excessive force under the guise of pandemic social control, such as in the Philippines.

Thankfully, our police have not had to take such a heavy-handed approach to enforce public health restrictions as the vast majority of people have put their trust in institutions and followed the rules.

The problem with using police in this way

But using the police to enforce vaccine certificates for entry into public venues would further shift what is essentially a public health issue into a law-enforcement issue.

The focus will increasingly turn to the police’s ability or inability to manage compliance with public health orders, and police will be on the receiving end of any societal backlash should this enforcement meet with resistance.

Public trust in the police was much higher than that of the government, political parties and the media at the start of the pandemic.

But changing the role of police could erode public confidence in the institution, as police officials have previously warned during the pandemic.

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Read more:
Police access to COVID check-in data is an affront to our privacy. We need stronger and more consistent rules in place

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Enforcing vaccine certificates is also not the best use of police resources. This would take away from the ability of police to respond to other crimes that are of concern during the pandemic, such as domestic violence and cyber crime.

Police resources are already stretched thin in both Australia and overseas. In the UK, for instance, police officers have been retrained to become temporary ambulance drivers to make up for staffing shortfalls, taking them away from their daily policing roles.

The police is the only domestic agency that has the social mandate to enforce the law, maintain public order and protect life and, if necessary, use force in this process. (Not even the military can do this.) It is because of this far-reaching mandate that police have been called upon to enforce public health orders.

The ease with which governments can ask or demand police to serve certain roles gives forces little – and in some cases no – room to question these decisions. In this case, officers are being asked to police a disease, not a crime, and we should think twice about putting them in this position.

Vincent Hurley, Lecturer in Criminology. Police and policing., Macquarie University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Muslim Teachers in Pakistan Allegedly Abuse Christian Students

Derogatory remarks, beatings, pressure to convert to Islam drive two girls to drop out.

SARGODHA, Pakistan, May 19 (CDN) — Muslim teachers at a girls school here have derided Christian students for their faith, beat them, pressured them to convert to Islam and forced them to clean school bathrooms and classrooms after class hours, according to area Christians.

Muslim teachers at Government Higher Secondary School in village No. 79-NB (Northern Branch), Sargodha, in Punjab Province, have so abused Christian students that two of the dozens of Christian girls at the school have dropped out, said a 16-year-old student identified only as Sana.

“Christian students are teased and mocked by radical Muslim, female teachers from the start of the school day to the end,” she said. “Due to the contemptuous behavior on religious grounds by the fanatical Muslim principal and staff, Christian students feel dejected, depressed and frustrated. I am totally broken-hearted because of the intolerance and discrimination.”

Rebecca Bhatti, a 16-year-old grade 10 student, told Compass she left the government school because her main teacher, along with an Islamic Education & Arabic Language teacher identified only as Sumaira, a math teacher identified only as Gullnaz, other Muslim teachers and Ferhat Naz, the principal, would call Christian girls in to the staff room at recess and demand that they polish their shoes or wash their undergarments and other clothes. 

“If any girl turned down the orders of any of the Muslim teachers, they were punished,” Bhatti said as she spilled tears. “The Muslim school teachers ordered us to wash lavatories daily and clean the school compound and classrooms, even though there is staff to keep the school clean.”

She said that the school also denied Christian students certificates of completion when they had finished their studies.

“This was to bar Christian students from gaining admission to other educational institutions or continue their education,” she said.

The principal of Christian Primary School in the village, Zareena Emmanuel, said that Naz and Sumaira subjected Christian students to beatings. Emmanuel also said that Muslim teachers at the secondary school derided Christian students for their faith.

“I regret that it is the only government school of higher education for girls at the village and adjoining areas,” Emmanuel said, “and therefore Christian girls have to experience such apathy, religious discrimination and bitterness each day of their schooling, which is supposed to be a time of learning and imagination.”

Christian residents of the village said they have been longing to bring abuse at the school to light. The Rev. Zaheer Khan of Maghoo Memorial United Presbyterian Church and Emmanuel of the primary school have asked education department officials of Sargodha Region to investigate, he said.

Khan also said that Naz and Muslim teachers including Gullnaz, Sumaira and Muzammil Bibi have treated Christian students contemptuously and have frequently asked them to convert to Islam.

“The attitude of the Arabic & Islamic Education teacher, Sumaira, toward the Christian students is beyond belief,” he said, “as she has forced the Christian girls to wash toilets, classrooms and clean the school ground, saying they must not be hesitant to do sanitation work because it’s the work of their parents and forefathers handed down to them.”   

Questioned about the abuses, Naz told Compass that she would immediately take note of such incidents if they had occurred.

“Any of the teachers held responsible of forcing Christian students convert to Islam will be punished according to the departmental rules and regulations,” Naz said. “A few Christian girls have abandoned their education because of their domestic problems, but even then I’ll carry out a departmental inquiry against the accused teachers, and no one will be spared if found guilty.”

Naz said the inquiry would focus especially on the accusations against Sumaira, Muzammil and Gullnaz.

Protesting residents gathered outside Naz’s office last week said she had no real intention of investigating the alleged abuses; some said she was making weak excuses to defend her staff members. They urged an independent investigation of Sumaira, Gullnaz, Muzammil and Naz.

“This cannot be tolerated, as it’s a matter of their girls’ careers and education,” said one protestor.

Noureen Austin, a 19-year-old Christian student in grade 12, described the school environment as discriminatory, depressed, gloomy and agitated.”

“No Christian student can get a quality education there,” she said. “Most of the school faculty are fanatical female Muslims who would not waste any chance to target Christian girls because of their belief in Christ.”

Report from Compass Direct News 

Christians in Nigeria Decry Police Inaction in Church Burnings

Zamfara state assailants emboldened by lack of prosecution in Jos mayhem, CAN leader says.

LAGOS, Nigeria, February 26 (CDN) — The head of the Christian Association of Nigeria (CAN) in Zamfara state told Compass that he was disappointed in the lack of response by state police to recent church burnings by Muslim youths.

“It is unfortunate that there has been no response from the police, and even the state governor has refused to meet with us,” said the acting state chairman of CAN, the Rev. Edwin Okpara.

The Redeemed Christian Church of God building in Tudun Wada was partly burnt on Jan. 25, and Christian Faith Bible church and the Living Faith Foundation Chapel, both in Gusau, were partly burnt in attacks on Jan. 20 and 24 respectively. Zamfara state, one of the predominantly Muslim states in northern Nigeria, was the first in the country to implement Islamic law (sharia).

In the petition dated Jan. 26, CAN stated that the church burnings came in the aftermath of “a grand plot to unleash mayhem on churches and Christians in the state due to the religious clash in Jos, Plateau state.”

The association alleged that those who attacked the Zamfara churches were emboldened because officials made no serious move to arrest those who carried out the Jos attacks. Two pastors and 46 other Christians were killed in the outbreak of violence in Jos on Jan. 17, triggered when Muslim youths attacked a Catholic church; 10 church buildings were burned, and police estimated more than 300 lives were lost in the clash.

“We are seriously disturbed by the restlessness and panic these attacks have created among the Christian community and ask that every necessary and urgent step be taken by your command to secure the lives of both Christians and Muslims in the state as citizens of Nigeria,” the CAN petition states. “Despite these attacks and provocation, the church and Christians as peaceful people have remained calm and have no plans to retaliate, but [we are] appealing to you to act and protect our interest.”

The State Police Command was not available for comment on the CAN request.

Okpara lamented that Christians in the state have been suffering in silence with little means of drawing attention to their plight.

“The level of persecution in Zamfara is alarming, more than in any other state in the country,” Okpara said. “Not even in Sokoto or Kano are Christians subjected to the kind of discrimination we are subjected to.”

He said it was impossible to get land to build churches in Zamfara state; Christians are forced to sign an understanding binding them to refrain from using land in the state for church buildings.

“We are more or less operating underground churches in the state,” he said. “The present state government has turned out to be more anti-Christian than the former government in the state, which introduced the sharia law.”

Leaders of the Pentecostal Fellowship of Nigeria (PFN) on Tuesday (Feb. 23) decried cases of persecution and discrimination against Christians and called on the federal government to put an end to it. Virtually all churches in predominantly Muslim northern Nigeria have been refused certificates of occupancy for their buildings, they said.

“There seems to be an unwritten law that churches are not welcomed in the northern part of the country,” the PFN leaders noted in a statement.

Report from Compass Direct News 

INDIA: OFFICIALS ON DEFENSIVE AT ‘WATCH LIST’ DESIGNATION

U.S. religious rights panel cites culture of impunity at authorities allowing atrocities.

NEW DELHI, August 18 (Compass Direct News) – Ahead of one-year remembrances of massive anti-Christian violence in the eastern state of Orissa, the U.S. Commission on International Religious Freedom (USCIRF) has put India on its “Watch List” for the country’s violations of religious freedom, evoking strong reactions from the Indian government.

USCIRF Chairman Leonard Leo said in a statement on Wednesday (Aug. 12) that it was “extremely disappointing” that India “has done so little to protect and bring justice to its religious minorities under siege.”

The U.S. panel’s decision was “regrettable,” a spokesperson for India’s Ministry of External Affairs, Vishnu Prakash, said in a statement on Thursday (Aug. 13), after the USCIRF put India on the list due to a “disturbing increase” in violence on minorities and a growing culture of impunity in the country.

Violence erupted in Kandhamal district of the eastern state of Orissa in August-September 2008, killing more than 100 people and burning 4,640 houses, 252 churches and 13 educational institutions, according to rights groups such as the All India Christian Council (AICC), the Global Council of India Christians (GCIC) and the Christian Legal Association (CLA).

“India’s democratic institutions charged with upholding the rule of law, most notably state and central judiciaries and police, have emerged as unwilling or unable to seek redress for victims of the violence,” Leo said. “More must be done to ensure future violence does not occur and that perpetrators are held accountable.”

Disagreeing with the USCIRF report, the foreign ministry’s Prakash said India is a multi-ethnic and multi-religious society. “The Constitution of India guarantees freedom of religion and equality of opportunity to all its citizens, who live and work together in peace and harmony,” he said.

Christians were shocked by the foreign ministry spokesman’s claim that “aberrations, if any, are dealt with promptly within our legal framework, under the watchful eye of an independent judiciary and a vigilant media.”

Attorney Robin Ratnakar David, president of the CLA, told Compass that one year after the violence only six people have been convicted in just two cases of rioting, while several suspects have been acquitted in four such cases despite the formation of fast-track courts.

Dr. John Dayal, secretary general of the AICC, pointed out that the more than 50,000 people who fled to forests or took shelter in refugee camps have not returned home out of fear of Hindu nationalist extremists who demand they either convert to Hinduism or leave their villages.

He said there also had been several “pogroms against Muslims, often sponsored or condoned by the state.”

In 2002, India’s worst-ever anti-Muslim violence occurred in the western state of Gujarat. A compartment of a train, the Sabarmati Express, caught fire – or was set on fire (as claimed by Hindu extremists) – near the Godhra city railway station on Feb. 27. In the fire, 58 Hindu passengers, mainly supporters of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP), were killed. The VHP and the Bharatiya Janata Party (BJP) claimed it was an attack by Islamic terrorists; the ensuing violence killed more than 2,000 people, mostly Muslims.

Following the anti-Muslim violence, the USCIRF recommended that India be designated a “Country of Particular Concern” (CPC), its list of the world’s worst violators of religious freedom. India was removed from the CPC list in 2005.

Designation on the Watch List means a country requires “close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by the government,” according to USCIRF. The other countries on USCIRF’s Watch List are Afghanistan, Belarus, Cuba, Egypt, Indonesia, Laos, the Russian Federation, Somalia, Tajikistan, Turkey, and Venezuela.

CLA attorney David said the August-September 2008 violence in Kandhamal could have been prevented had the administration brought to justice those responsible for previous mayhem in December 2007. The December 2007 violence in Kandhamal killed at least four Christians, burned as many as 730 houses and 95 churches and rendered thousands homeless.

The attacks were launched under the pretext of avenging an alleged attack on a VHP leader, Swami Laxmanananda Saraswati. It was the assassination of Saraswati by Maoists (extreme Marxists) on Aug. 23, 2008 that sparked the second spate of violence in Kandhamal, as Hindu nationalists blamed non-Marxist, local Christians for it.

Dayal said the USCIRF’s latest conclusions could have been avoided if more action had been taken against the perpetrators of last year’s violence.

“The USCRIF action would not have been possible, and India would have been able to rebuff the U.S. scrutiny more effectively, if several thousand Christians were still not in refugee camps, if the killers were still not roaming scot-free and if witnesses, including widows, were not being coerced,” he said.

‘Indifferent’

Shashi Tharoor, India’s Minister of State for External Affairs, told a private news channel that India did not need approbation from outside its borders.

“As far as we are concerned, we are essentially indifferent to how others view the situation,” he said. “In democracy, what matters to us is how we deal with our own internal issues. I don’t think we need any certificates from outside.”

He dismissed the report as meddling in internal affairs even though between June 2002 and February 2007 Tharoor served as under-secretary general for communications and public information for the United Nations, a body representative of international accountability in human rights.

In its annual report, India’s home (interior) ministry had acknowledged that the incidence of communal violence was high. It noted that in 2008, as many as 943 communal incidents (mainly against Muslims and Christians) took place in which 167 persons were killed and 2,354 persons were injured. The figures were up from those of 2007, when there were 761 incidents in which 99 persons were killed and 2,227 persons were injured.

Justifying its decision, the USCIRF report stated that several incidents of communal violence have occurred in various parts of the country resulting in many deaths and mass displacements, particularly of members of the Christian and Muslim minorities, “including major incidents against Christian communities within the 2008-2009 reporting period.”

“Because the government’s response at the state and local levels has been found to be largely inadequate and the national government has failed to take effective measures to ensure the rights of religious minorities in several states, the Commission decided to place India on its Watch List.”

The USCIRF had released its 2009 annual report on religious freedom across the globe on May 1 but put the India report on hold, planning to prepare it after a visit to the country in June. A USCIRF team planned to visit India to speak to the government and others concerning the situation in Kandhamal and Gujarat on June 12, but the Indian embassy in Washington, D.C. did not provide visas in time.

“USCIRF’s India chapter was released this week to mark the one-year anniversary of the start of the anti-Christian violence in Orissa,” Leo pointed out in last week’s statement.

‘Teflon-Coated State’

The AICC’s Dayal seemed pessimistic about a change in the government’s attitude.

“Unfortunately, nothing really impacts the government of India or the government of Indian states,” he said. “The state, and our social conscience, seems Teflon-coated. The patriotic media and political sector dismiss international scrutiny as interference in the internal affairs of India, and a beaten-into-submission section of the leadership of religious minorities assumes silence to be the best form of security and safety.”

Dr. Sajan George, the national convenor of the GCIC, said the report showed that India had become a “super violator” of human rights. The Rev. Dr. Babu Joseph, spokesman for the Catholic Bishops’ Conference of India, said the U.S. panel’s report did not augur well with India’s claim to find a respectable place within the community of nations.

“India as an emerging economic power in the world should also endeavor to better its records of protecting human rights, particularly when it comes to religious freedom of its citizens,” Joseph said.

Joseph told Compass the USCIRF report was “a clear indication of the growing concern of the international community with India’s repeated failure to take decisive and corrective measures to contain religious intolerance.”

Christian leaders generally lauded the report, with Dayal saying, “India’s record on the persecution of minorities and the violation of religious freedom has been a matter of international shame for the nation.”

Report from Compass Direct News 

PAKISTAN: SISTERS ABDUCTED, FORCED TO CONVERT TO ISLAM

Repeatedly raped, minor and 18-year-old now face societal rejection.

ISTANBUL, January 19 (Compass Direct News) – The ordeal of two teenage Christian sisters in Pakistan is over after Muslims allegedly abducted and raped them and forced them to convert to Islam, but they fear a future of societal rejection.

Parvisha Masih, 18, and Sanam Masih, 14, said three Muslim men kidnapped them last November, raping them several times during two weeks of captivity.

“We are happy to return to the family, but we are feeling ashamed because there is no respect for us in society now,” Parvisha Masih said. “We don’t want to go back to school and have to face our friends.”

They face a long legal battle that will inevitably bring them into contact with their captors – who have already assaulted their family in court.

“We feel very afraid, and we are still receiving threats,” Parvisha Masih told Compass. “We are worried about our family and about ourselves. I don’t ever want to see those men again.”

On Jan. 2 the sisters recorded statements concerning their alleged abduction, rape and forced conversion to Islam before a local magistrate in Gujranwala. Earlier, they gave statements in Karachi, where they had been taken by their captors some 840 miles to the south. Two First Incident Reports (FIRs) have been filed.

In Gujranwala, Muhammad Irfan, Muhammed Mehboob and Muhammed Rafique, Mehboob’s brother-in-law, are charged with kidnapping.

 

Kidnapped

Irfan and Mehboob, suspected of involvement in a human trafficking ring, at first made contact with Parvisha Masih accidentally.

“Parvisha received a wrong number call and talked to Muhammad Irfan,” said Katherine Karamat, an investigative officer for the Center for Legal Aid Assistance and Settlement (CLAAS). “Some days later, Irfan called again and told her that he had a beauty salon, and if she wanted training he could arrange that for her.”

Eager to earn extra money for the family, Masih convinced her younger sister Sanam to join her in accepting the offer, according to CLAAS.

Irfan arranged to drive them to their first day of work in his car. At 10 a.m. on Nov. 12, Irfan and Mehboob picked the sisters up from their home.

“This is a common practice now,” said Michael Javaid, a Pakistani member of parliament based in Karachi. “They offer poor people from the villages a good job, and the parents are poor so they trust them, but then they bring these girls and sell them to other people.”

According to the sisters’ testimony, Irfan stopped the car after roughly half an hour to buy beverages. He offered them both a bottle of fruit juice that they drank, unaware that he had drugged it.

En route to Karachi, Irfan and Mehboob then drove the sisters to a motel in Mianwali, threatening them at gunpoint and telling them they would be killed if they tried to escape. The sisters reported that the men then raped them.

In the morning they were ushered back into the car and driven to the coastal city of Karachi, where they were held captive at Rafique’s house. Over the next five days, they said, the men raped them repeatedly.

Masih and Sanam then were taken to a madrassa (Islamic school), where a mufti issued certificates stating that the two had become Muslims. Parvisha Masih was renamed Sana, and her sister received the name Tayyaba.

Javaid and lawyers from CLAAS challenged these certificates, asserting that the sisters did not sign them.

“Anyone can get these papers by giving some kind of a bribe; [clerics] feel it is a service to Islam,” said Javaid. “They will issue a certificate without knowing the will of the person, whether this is a forcible conversion or not.”

Following their forced conversion at the madrassa, the Muslims took the sisters to the office of lawyers Nayer Zia-Ul-Din and Kokab Sahab-Ul-Din. Irfan explained to the lawyers that the sisters had converted to Islam and did not wish to return home to their Christian family, but instead wanted to stay at the government-run Dar-Ul-Aman shelter for women. Before leaving, Irfan told Masih and Sanam that they would be freed after the lawyers brought them to court the following day.

The lawyers told the sisters to sign blank sheets of paper, forging testimony from the pair that they planned to use to support their case, according to CLAAS. The attorneys told the sisters that they could stay with their family that night and took Masih and Sanam to their home, but no other family members were present.

After the sisters had fallen asleep, according to CLAAS, Sahab-Ul-Din took Parvisha Masih into a separate room and sexually abused her. Police found medication in Sahab-Ul-Din’s apartment indicating that the sisters were again drugged. Sanam said she woke up when she heard her older sister crying for help.

“I took the mobile of the lawyer and called 15 [the emergency police number in Pakistan],” she told Compass. “One lawyer had left; the other was with Parvisha.” She was able to escape the house and describe her location to authorities.

Police arrived at the scene shortly afterward, immediately referring Parvisha Masih to a hospital and arresting Sahab-Ul-Din, whom they took to the Ferozabad police station. The other lawyer, Zia-Ul-Din, had left but was later arrested at his home.

At the police station, Sanam called her father, Arif Masih, who rushed to Karachi to bring his daughters back home.

 

Assaulted in Court

The following day (Nov. 22), the sisters appeared before a magistrate to give testimony, accompanied by their father and other relatives. Defendants Zia-Ul-Din and Sahab-Ul-Din, both charged with rape, were also present. Upon learning that the sisters’ father was in the room, they located him and began to attack him.

“The magistrate was in his chambers, and so the lawyers attacked the father and relatives, beating them, even the women, there in the courtroom, which never happened before!” said Javaid. “All the police were called, the FHO [court police], the superintendant and deputy superintendant, and they took them to the lock-up for safety.”

Javaid said he plans to take a strong contingent of associates when they next appear in court to protect the sisters and deter another attack.

This is the second known case of its kind in recent months. Saba and Aneela Masih underwent a similar ordeal last July, and although 10-year-old Aneela has been returned to her family, her 13-year-old sister, forced to marry one of the men who kidnapped her, remains with her captors.

Christian girls from poor families make easy targets, and many cases go undocumented, Javaid told Compass. High legal fees often make it impossible for poor families to bring a case to court. Corrupt lawyers, easily swayed by bribes, often create further expense.

On top of this, a biased legal system that favors Muslims over Christians is particularly reluctant to pass judgments that would undermine conversion to Islam.

“Because both [Parvisha and Sanam Masih] are Christian and the accused were Muslim, to save their skin they made [the sisters] embrace Islam forcefully so they can marry them maybe or whatever they want,” said CLAAS lawyer Samson Joseph.

Report from Compass Direct News

EGYPT: COURT GIVES CHRISTIAN BOYS TO MUSLIM FATHER

Despite a fatwa from the Grand Mufti, Alexandria judge denies custody for mother.

ISTANBUL, October 2 (Compass Direct News) – Following the Appeal Court of Alexandria on Sept. 24 granting custody of 13-year-old Christian twins to their Muslim father, their mother lives with the fear that police will take away her children at any moment.

Kamilia Gaballah has fought with her ex-husband Medhat Ramses Labib over alimony support and custody of sons Andrew and Mario in 40 different cases since he left her and converted to Islam so that he could remarry in 1999.

The court ruled in favor of Labib in spite of Egyptian law’s Article 20, which grants custody of children to their mothers until the age of 15, and a fatwa (religious ruling) from Egypt’s most respected Islamic scholar, Grand Mufti Ali Gomaa, giving her custody.

“This decision was dangerous because it was not taken in accordance with Egyptian law but according to sharia [Islamic] law,” said Naguib Gobraiel, Gaballah’s lawyer and president of the Egyptian Union of Human Rights Organizations.

He explained that Egypt’s civic code calls for children under the age of 15 to stay with their mother regardless of their religion. Gobraiel said that sharia tends to favor the Muslim parent in such cases.

“They want to stay with their mother,” said Gobraiel. “They don’t know anything about Islam and sharia. They are Christians and go to church on Sundays.”

The twins have publicly stated their faith, and during a test in a mandatory religious class two years ago they scribbled only, “I am a Christian” on their answer sheets and otherwise turned them in blank. The twins intend to go on a hunger strike if they are forced to live with their Muslim father, whom they hardly know, sources said.

“We only want one thing,” said Gobraiel. “We want the law to be applied in our cases like this one, not the sharia, because the government owes us citizenship. This is a civilized, secular country, not a religious country.”

The decision of the presiding judge, El Sayed El Sherbini, to give the father full custody is not even based on sharia but is purely arbitrary, Gaballah and her eldest son George Medhat Ramses claimed, since the country’s State Mufti had granted custody to the mother in April 2006.

“We don’t want to give them to anyone or comply with the sentence,” Ramses told Compass. “All the legal ways have been wrong to us. We’ve been trying to make it as legal as we can, but the court has not been fair.”

Ramses, 21, who is also a Christian and lives with his mother and two little brothers, said the judged showed bias in favor of his father because he converted to Islam shortly after he left Gaballah.

“The decision was unfair and oppressive,” Gaballah told Compass. “I am treated differently than other Egyptians, as if this is not my own country.”

Gaballah, who has been fighting to keep her sons since the court decided in 2006 that custody of her sons should be given to her ex-husband, fears that her children will grow up without hope and a sense of justice.

“I am so sad and afraid about their psychology,” she said, “because they are facing something that is fundamentally against all the principles I have taught them.”

Gaballah said she is ready to keep fighting with the few means left in her power to keep her sons, even if it means tarnishing her with a criminal record by not handing them over to their father.

“And I’m determined to get justice in my own country, because it is my natural right and my sons’ right,” she said. “I cannot see how I can comply with the people who are taking my rights away from me and taking my children from me to give them to an unworthy father and another woman.”

Labib is now married to his third wife, with whom he has a 4-year-old son. He is a businessman working in exports and travels between Alexandria and Cairo.

Gobraiel said that he intends to send a clear message to Egypt’s President Hosni Mubarak and the international human rights community that judgments like this one are hypocritical on the part of a government that claims to be “civilized.”

“How can they think we live in a civilized and secular country when they are applying sharia law on us?” he asked. “We will send a message to human rights organizations in Egypt and around the world to help us. We are angry and we want to declare it!”

 

Problematic Birth Certificates

Even under their father’s custody, the twins have the legal right to live with whomever they choose in two years, when they turn 15. But Ramses said he doubts the court would let them return to their mother.

“The same law that states that they should stay with mother until the age of 15 is the one that says they can decide where to live after the age of 15,” he explained. “If the court didn’t apply the first part of the law, they won’t apply the second.”

At the age of 16, when Mario and Andrew apply for their identification cards, they will face yet another hurdle, said Ramses. In 2005, Labib went to the population register and changed the twins’ birth certificates from Christian to Muslim, to reflect his own religion.

Now Ramses fears that a Sept. 23 court ruling in the case of Bahia Nagy El-Sisi, sentencing her to prison for three years for “forgery of an official document,” could be what awaits him and his little brothers. Nagy El-Sisi’s father had converted to Islam briefly in 1962, when she was 3 years old, and her documents were never altered to reflect the change as she remained a Christian. She and her sister discovered that their father had temporarily converted to Islam when the sister, Shadia Nagy, tried to issue marriage papers for her son.

Shadia Nagy was sentenced to three years in prison in 2007, also for “forgery.”

“These women are us in the future,” said Ramses.

Over the past few years, as Christians have found out about the twin boys’ case, Ramses said many have called them to give support. Many also have pledged to go on a hunger strike with the boys if they are handed over to their father.

“Christians see them as Coptic heroes and martyrs who stood up in front of all and said they were Christians and held on to it,” said Ramses. “All of them say they see the greatness of their ancestors and Christian heroes of long ago in them … and they carry a lot of respect and love for what they have done.”

Report from Compass Direct News