American arrested in Britain for declaring homosexuality is sin

An American street preacher has been arrested and fined £1000 in Glasgow for telling passersby, in answer to a direct question, that homosexual activity is a sin. Shawn Holes was kept in jail overnight on March 18, and in the morning pled guilty to charges that he had made “homophobic remarks…aggravated by religious prejudice,” reports Hilary White,

Holes, a 47 year-old former wedding photographer from Lake Placid, New York, was in Glasgow as part of a preaching tour of Britain with a group of British and American colleagues. He said, “I was talking generally about Christianity and sin.”

“I only talked about these other issues because I was specifically asked. There were homosexuals listening – around six or eight – who were kissing each other and cuddling, and asking ‘What do you think of this?’” A group of homosexuals approached police with a complaint. Holes later said that the situation seemed like a “set-up by gay campaigners.”

“When asked directly about homosexuality, I told them homosexuals risked the wrath of God unless they accepted Christ.”

The charge, under the Criminal Justice (Scotland) Act 2003, has angered freedom of speech advocates in Britain and has even been criticized by homosexualist campaigner Peter Tatchell who called the £1,000 “totally disproportionate.” Local Christians supporting the preaching ministry took up a collection and paid the fine.

Tatchell told the Daily Mail, “The price of freedom of speech is that we sometimes have to put up with opinions that are objectionable and offensive. Just as people should have the right to criticize religion, people of faith should have the right to criticize homosexuality. Only incitements to violence should be illegal.”

Holes relates that at the same time he had been asked for his views on Islam and had said he believed there is only one true Christian God and that the Prophet Mohammed is a “sinner like the rest of us.”

He said that two men who were listening spoke to police officers who approached him and said, “These people say you said homos are going to Hell.”

“I told them I would never say that, because I don’t use the term homo. But I was arrested.”

Peter Kearney, a spokesman for the Catholic Church in Glasgow told the Scotsman, “We supported [hate crime] legislation but it is very difficult to see how this man can be charged for expressing a religious conviction.

“The facts of this case show his statement was clearly his religious belief. Yes, it is strong language he has used, but it is obviously a religious conviction and not a form of discrimination.”

Gordon Macdonald, of Christian Action Research and Education for Scotland, said, “This is a concerning case. I will be writing to Chief Constable Stephen House of Strathclyde Police for clarification of the guidance given to police officers in these situations.”

In related news, a district judge has thrown out the case against another street preacher, Paul Shaw, who was arrested on February 19 in Colchester over comments he made about homosexual activity. Shaw, who did not plead guilty, said, “I’ve preached regularly for about three or four years without incident.

“In four years, I’ve only dealt with homosexuality about twice.” Shaw told the judge that he was obliged to act according to his conscience and that homosexuality was a significant issue in Britain today. The case was dismissed through lack of evidence and written testimony from complainants.

Shaw said, “My reasons were twofold. Firstly, there is a consequence for the country and society if society does not appreciate the difference between right and wrong, particularly noticeable by homosexuality.

“As a nation, we are coming under God’s judgment not very far away in the future and there will be terrible consequences for this if it is not made unlawful again. Secondly, on a personal level, as with all other sins, it needs to be repented of in order to enter the Kingdom of God.”

District Judge David Cooper told Shaw, “There are other sorts of ‘sins’. Do you think you could concentrate on those for a bit?”

Meanwhile, a new study conducted on behalf of religious think-tank Theos has shown that nearly 1/3 of British people think that Christians are being marginalized and religious freedom has been restricted. The report’s author Professor Roger Trigg, wrote, “A free society should never be in the business of muzzling religious voices, let alone in the name of democracy or feigned neutrality.”

“We also betray our heritage and make our present position precarious if we value freedom, but think that the Christian principles which have inspired the commitment of many to democratic ideals are somehow dispensable,” Professor Trigg said.

Report from the Christian Telegraph 

Accused Pakistani Christian Says Muslims Tried to Coerce Him

Freed on bail, Naveed Masih on trial for killing Muslim in Islamist attack on Gojra.

LAHORE, Pakistan, December 29 (CDN) — A Pakistani Christian accused of killing a Muslim during the Aug. 1 Islamist attack on Christians in Gojra said he was arrested and tortured only because he was a key witness of the mob assault that left at least seven Christians burned to death.

Naveed Masih, released on bail on Wednesday (Dec. 23), told Compass that several Muslims have offered him large amounts of money to alter his testimony regarding the assault in Gojra, 50 kilometers (31 miles) from Faisalabad in Punjab Province. The mob attack, prompted by calls from Muslim clerics spreading a false rumor of “blasphemy” of the Quran, included banned Islamic terrorist groups and resulted in the looting of more than 100 houses and the burning of 50 of them; at least 19 people were injured.

Masih said one of the Muslims accused in the attack, Qadir Awan, approached him at an early court hearing and invited him to come to his house to strike a cash-for-testimony deal.

“He said that I could make lots of money because I was the witness of the ransacking, but I feared God,” the 32-year-old Masih said. “Because I was not prepared to take money, he had me implicated in the counter-charges.”

He said that several other Muslims contacted him in jail to tell him that they could help him.

“I told them that my brothers and sisters in Pakistan and abroad are more than enough to help me,” he said. “I said, ‘You take care of yourself – you people beg our brothers and sisters in the United States for aid and financial assistance to run the country, how is it that you can help me?’”

Fearing for his life now that he is out on bail, Masih said he has asked several organizations for assistance and, assuming he is acquitted, eventually for safe passage out of Pakistan.

“I would not be left alive if I live here in Pakistan,” he said.

In counter-charges filed as a cover for accused Muslims after Christians filed charges, he said, 129 people including Bishop of Gojra John Samuel were accused in a First Information Report (FIR), yet only Masih and his brother Nauman Masih were arrested. The Faisalabad Anti-Terrorism Court released the 25-year-old Nauman Masih on bail in October.

The Lahore High Court granted bail to Naveed Masih last week after the Faisalabad Anti-Terrorism Court had denied it to him in October. Naveed Masih is accused of killing one of the assailants in the Gojra attacks, Muhammad Asif. He is said to have fired warning shots from a rooftop into the air and at the feet of the approaching Muslim mob to try to disperse them, but both brothers deny using any weapons.

The brothers gave shelter to 300 people during the attacks; they were arrested in early September initially for “rioting with deadly weapons and spreading terror with firing.”

Naveed Masih said police knew the counter-charges filed by Muslims nearly two months after the Aug. 1 attack were entirely concocted, but that they arrested and tortured him anyway.

“When I was arrested, the policemen said, ‘Catch this choohra [a racial slur typically used against Punjabi Christians],’” he told Compass. “They asked me which organization I belonged to, what my mission was and who had sent me on this mission.”

Authorities beat him the first several days in jail, he said.

“They blindfolded me and hung me in a dark well, and sometimes I hung all night upside down without clothes,” he said. “They also kept me hungry and tried to force me to confess that some religious organization funded me to fire a weapon and instigate Muslims.”

Trial Strategies

Akbar Munawar Durrani, an attorney for the Centre for Legal Aid Assistance and Settlement, said that the prosecutor in the trial has told the court that Christians were the ones who instigated Muslims by firing weapons, and that for this reason Asif died.

“I told the court,” Durrani said, “that it is strange that two days before the Aug. 1 incident, dozens of houses of Christians were burned in [nearby] Korian village, and then in this incident of Aug. 1 more than 100 houses of Christians were burned, and the prosecution keeps trumpeting this claim that Christians were the aggressors.”

Durrani said that when Lahore High Court Chief Justice Khawaja Sharif asked Investigation Officer Muhammad Aslam about his findings, Aslam told the court that if Christians hadn’t provoked Muslims then nothing would have happened. The judge asked Aslam how many Christians and how many Muslims died, Durrani said, to which the officer replied one Muslim and eight Christians.

“Still you say that Christians were the aggressors,” the judge told Aslam in a reprimanding tone.

Durrani, an executive member of the Supreme Court Bar Association, said he told the court that Masih was implicated in the killing of Asif only because he was one of two witnesses in the FIR filed against the Muslims. If Masih hadn’t defended Christians that day, he told the court, then the Christian Colony in Gojra would have suffered much more harm.

Masih said that he had learned that during the Aug. 1 attack, a member of the banned terrorist group Sipah-e-Sahaba stopped the motorbike he was riding, took gas out of it and set houses on fire.

Nauman Masih has told Compass that of the 17 Muslims named in the FIR on the Aug. 1 attack, only one, Abdul Khalid Kashmiri, was in jail. Kashmiri has offered 1 million rupees (US$12,500) if the Christian complainants would withdraw the case, he added.

The rest of the Muslim assailants are still at large, and sources said police have no intention of arresting them.

Naveed Masih said he learned that even before he was sent to jail, inmates were murmuring that he had killed a Muslim during the mob attack.

“I told them that they only talked about the Muslim who actually came to attack and got killed, but they never mentioned eight Christians who had died during that rampage,” he said. “‘Christians are also human beings,’ I told them, ‘why don’t you count those who were killed by Muslims?’”

He said Muslim inmates often asked him “nonsense questions,” but that he always answered them sensibly.

“I am sure that the Holy Spirit helped me answering them, because once they had asked any such questions, then they never again raised such questions,” he said.

Masih said police stopped torturing him after the first several days in jail. He said he continually prayed for God to free him, as well as for all Christians who supported him and his brother through their ordeal.

Report from Compass Direct News 

Christians Accused of Desecrating Quran Freed in Pakistan

Country’s notorious ‘blasphemy’ law used against innocent father, daughter.

LAHORE, Pakistan, December 16 (CDN) — A Christian in Faisalabad district and his 20-year-old daughter were released on Monday (Dec. 14) after 14 grueling months in jail on false charges of blaspheming the Quran.

Khalil Tahir, attorney for Gulsher Masih and his daughter Ashyana Gulsher (known as Sandal), said the case was typical of the way Pakistan’s blasphemy laws can be used to harass innocent Christians.

“Christians are the soft targets, and most of the people implicated in these inhumane laws are Christians,” Tahir said. “We Christians are fighting for the same, noble goal – to provide justice to the victims of blasphemy laws.”

Masih said that inmates beat him at least five times since he was arrested on Oct. 23, 2008. His daughter was arrested two weeks earlier, on Oct. 10.

“These long 14 months seemed like ages,” Masih told Compass. “There was one inmate, Ghulam Fareed, a rich man, who always harassed me, trying to coerce me to convert to Islam by saying he would make me rich and would send me abroad.”

Fareed, who also promised high quality education for Masih’s children, joined with Islamic extremists jailed for terrorist acts to beat him in an effort to force him to “come into the fold of Islam,” Masih said. While in jail, he said, his wife told him that their daughter had been beaten several times by the superintendent of police.

Masih and his daughter were charged under Section 295-B of the Pakistan Penal Code for blaspheming the Quran. Before charges were filed in October 2008, Masih said an initial incident occurred on Aug. 25, when Ashyana Gulsher found some burned pages of the Quran in a garbage dump outside their community of Chak No. 57, Chak Jhumra in the district of Faisalabad.

Masih said she handed the charred pages to a woman, Lubana Taj, saying, “These are the holy page of your Quran and I found them in the garbage, so you take it.”

There were still some pages left, which she gave to their neighbor, Khalida Rafiq, who burned them, he said.

“She had borrowed wheat from us a few weeks ago, and when my wife demanded it back, Khalida Rafiq said that we had burned pages of the Quran and was now accusing us of taking wheat,” Masih said. “Some other women of the village also accused my children of making paper airplanes of the pages of the Quran.”

The escalating conflict was defused with the help of other neighbors who knew the truth, he said, and local Muslim cleric Amam Hafiz Muhammad Ali also intervened, saying Masih’s daughter had done a good deed and questioning why the neighbor women were repaying her with evil.

“We thought that the matter was buried, but it arose again on Oct. 7, 2008,” Masih said. On that day 20-year-old Muhammad Qasim went throughout the village on bicycle exclaiming that Christians had burned the Quran, Masih said. Upon hearing this, village landlord Rana Sarwar called Masih and told him that his children had burned the Quran and had used pages to make paper airplanes.

“I told them that I was working in Asghar Christian Colony and never knew about the incident, and the son who had been accused of blasphemy had gone to school,” Masih said.

His accusers were unmoved, he said.

“In the evening when I was returning home, I heard announcements from several mosques that Christians had burned the Quran,” he said. “After hearing the announcement, people began pouring in. These announcements were made by Tariq son of Hafeez, Maqbool son of Hafeez and Maulana Tawaseel Bajwa.”

When Masih called emergency police, they arrested him and sent him to the Jhumra police station, Faisalabad.

“The police asked me where my children were, and when I told them that the children were in the village, the police went back to arrest them,” he said. “Rana Sarwar, Wajid Khan and Rana Naeem Khan came into the police station and argued that my children had blasphemed, so why was I the one being beaten? I told Rana Sarwar in front of the police that if my children have done this, then I was ready to bear consequences.”

Police told them that the crowd outside wanted to hang him and that this was why they had arrested him. Masih said that the next day Deputy Superintendent of Police (DSP) Yousuf Zai came and asked him why he had committed blasphemy.

“Rana Sarwar then told the DSP that it was all a political ploy, and that I had been implicated in the case for voting for the opposition party,” he said. “If that day those Christian Members of Parliamentary Assembly had spoken up, then the police complaint wouldn’t have been registered against me.”

Masih added that the station house officer felt that he was innocent but had become legally entangled due to lack of support from the community. Masih said that the next day, Oct. 8, a few Muslims gave conflicting statements against him when charges were filed.

“One said he saw me burning the pages of the Quran at 10 a.m., the other said that he saw me burning the pages at 12 p.m. and still another said that he saw me burning the pages of the Quran at 2 p.m.,” he said. “When I was sent in jail, the investigation office swore that I was innocent.”

In a further contradiction, the complainants accused him of cutting up pages of the Quran and tossing them in the air, not burning them, Tahir said.

The complainant in the case was Mohammad Farooq Alam, and other prosecution witnesses named were Mohammad Maqbool Ahmad and Mohammad Akber, according to Tahir.

Masih said that initially he appeared before Judge Zulfikar Lon, but that whenever a judge asked for witnesses, he was transferred.

“In this manner eight months passed, and then Judge Raja Mohammad Ghazanfar came” and refused to be transferred, Masih said.

After Tahir’s cross-examination of witnesses, Ghazanfar dropped all charges and ordered their release.

“During cross examination, I proved that the whole case was concocted, frivolous, fake and that the charges against the accused Christian brother were unfounded,” Tahir said.

Tahir said that he had provided only legal assistance to the victims, with Johnson Michael, chairman of the Bishop John Joseph Shaheed Trust, providing paralegal assistance. An MPA in the Punjab Parliament, Tahir is the body’s secretary for Human Rights and Minority Affairs and also serves as executive director of advocacy group Action Against Discriminatory Laws Trust Pakistan.

Report from Compass Direct News 

Hostilities Flare in BJP-Run Madhya Pradesh, India

Anti-Christian violence, efforts to tarnish church increase in past five years.

NEW DELHI, October 14 (CDN) — Since the Hindu nationalist Bharatiya Janata Party (BJP) came to power in Madhya Pradesh in December 2003, Christians in the state have suffered increased attacks and concerted efforts to tarnish their image, church leaders said.

Before the BJP took office the state recorded two or three attacks against Christians per year, they said, whereas Jabalpur Archbishop Gerald Almeida said that in the past five years 65 baseless charges of forceful conversion – commonly accompanied by mob violence – have been registered in his diocese alone.

“There are some groups who are closely monitoring the Christian movement, and these people are bent on creating problems for the Christians for the past five years,” Almeida told Compass.

The state is not able to control these groups, he added. Indeed, police routinely working with Hindu extremist groups filed an average of more than three unsubstantiated complaints of “coerced” conversions each month in the past five years, according to the Catholic Bishops’ Conference of Madhya Pradesh (see sidebar below).

In the first eight months of this year, Madhya Pradesh saw the third highest number of attacks against Christians and Christian institutions in the country with 11, behind Karnataka with 43 and Andhra Pradesh with 14, according to Christian advocacy organizations.

The Rev. Anand Muttungal, spokesman for the Catholic Bishops’ Conference of Madhya Pradesh, said growing attacks on Christians were a symptom of fear among Hindu extremists that the Catholic Church’s influence is spreading.

“The Church as an organization is doing very well in many fields,” Muttungal said. “It causes those fundamentalists to worry. It could be one of the main reasons for the continuous attacks on Christians.”

Madhya Pradesh has a Christian population of 170,381, only 0.3 percent of the total in the state, according to the 2001 census. The state’s history of religious intolerance runs deep, with an “anti-conversion” law passed in 1968 that has serves as a pretext for harassing Christians.

Igniting anti-Christian violence shortly after the BJP came to power was an incident in Jhabua district, where the body of a 9-year-old girl called Sujata was found in one of the Christian schools on Jan. 11, 2004. Although a non-Christian confessed to the crime, Hindu extremists used the event to justify various attacks against the Christian community.

Abuses became so rampant in 2005 and 2006 that the National Commission for Minorities (NCM) sent a fact-finding team to Madhya Pradesh and Chhattisgarh in June 2006. Investigators found that Hindu extremists had frequently invoked the state’s anti-conversion law as a means to incite mobs against Christians and to get Christians arrested without evidence.

Jabalpur Archbishop Almeida cited cases chronicled by the NCM such as the arrest under the anti-conversion law of two local women who were merely distributing gospel tracts in March 2006. Almeida also cited the NCM report on the jailing of four pastors in January 2006 for alleged “forceful conversion” after Hindu extremists from the Bajrang Dal dragged them to a Hindu temple and forced them to deny Christ.

Catholic Church records show that in 2007, a 70-year-old woman identified only as Mrs. Godwin was arrested along with another woman on charges of forceful conversion; they too were only distributing religious literature, a right they had under the nation’s constitution.

Christian leaders said one aim of such abuses of the state’s anti-conversion law is to tarnish the image of Christians by showing them as lawbreakers. Hate propaganda and spurious allegations against Christians continue unabated in the state, church leaders said.

The customary practice in India and especially in Madhya Pradesh, they said, is for Hindu extremists to raise false allegations on the slimmest of pretexts and get police to make hurried arrests.

Political Machinery

After the NCM report in 2006 first documented the violence, the Madhya Pradesh political machinery’s influence became evident when State Minorities Commission Chairman Anwar Mohammed Khan asserted that reports of Hindu extremists attacking Christians in the state were “baseless.”

Khan told Frontline magazine that extremists had not targeted Christians. The magazine also quoted state Chief Minister Shivraj Singh Chauhan as saying the BJP government was greatly concerned about “unethical conversions” – presumably of Hindus to Christianity.

The magazine criticized the state Minorities Commission for speaking “the same language as the Bajrang Dal and the state chief minister,” thereby failing its mandate to defend minorities.

This year the commission tried to increase state control over church activities, unofficially recommending that the government enact a law to set up a board to manage church properties such as schools, colleges, hospitals and charities. The Christian community strongly protested, and the state withdrew the proposal.

Leo Cornelio, archbishop of Bhopal, said the Minorities Commission recommendation “shows beyond doubt that it is disloyal to minorities” and “loyal to the government,” according to the Indian Catholic.

The battle over state control of church properties is not over. Muttungal told Compass that the Minorities Commission has started to collect details of church properties through the Education Department. It is certain, he said, that this will lead to a legal battle involving the Education Department, Minorities Commission and the Catholic Church.


Police Collusion Seen in ‘Forced Conversion’ Complaints

NEW DELHI, October 14 (Compass Direct News) – Hindu extremist groups in collusion with the state police filed an average of more than three baseless complaints of “coerced” conversions per month in the past five years – shortly after the Bharatiya Janata Party (BJP) came to power – according to the Catholic Bishops’ Conference of Madhya Pradesh.

“I have gathered information from all the districts of the state, according to which the number of [forced or fraudulent] conversion complaints against Christians in the last five years is over 180,” the Rev. Anand Muttungal, spokesman for the state’s Catholic body, told Compass.

Muttungal said he asked the Madhya Pradesh State Crime Records Bureau, a body under the state interior ministry that monitors criminal complaints, about the number of forced conversion complaints in the last five years, and the state agency put the number wrongly at fewer than 35.

Muttungal also said most of the complaints were filed by third parties – not the supposed “victims” – who were unable to produce any unlawfully converted people to support their allegations. He added that the complainants were mainly members of the Hindu extremist Bajrang Dal, youth wing of the Vishwa Hindu Parishad (World Hindu Council or VHP).

“In Jabalpur, the complaints were lodged mainly by the Hindu Dharam Sena [Hindu Religion Army],” he said.

Most recently, the leader of the Hindu Dharam Sena on Sept. 27 got police to interrogate, without cause, a Catholic group traveling through Jabalpur. The Rev. Anto Mundamany of the Carmelite of Mary Immaculate order said the inspector-in-charge of the Civil Lines police station and four other policemen came to the Carmel Niketan center, where the group had stopped for dinner. Police interrogated him and the 45 Catholic visitors about their religious identity, he said, to determine whether the visitors were Hindus whom the priests and nuns at the center might be forcibly trying to convert.

Journalists accompanied the police, and the following day local newspapers reported on the incident, portraying the Christians as inherently suspect.

“Although the police left after making sure that all the participants who had arrived for an inter-parish tour were Christians, the newspapers made no mention of that fact,” Mundamany said.

The local daily Dainik Bhaskar reported that Yogesh Agarwal, head of the Hindu Dharam Sena, had informed police about a supposed “conversion plot” by the Catholic order.

“There can be little doubt that the police are party to this disturbing trend,” Muttungal said.

The incidence of anti-Christian attacks is the highest in the state in Jabalpur – local Christians say the city witnessed at least three attacks every month until recently, mainly by Agarwal and his cohorts. Although numerous criminal complaints are pending against Agarwal, he remains at large.

A Christian requesting anonymity said police officers personally act on his complaints against Christian workers.

A June 2006 report by the National Commission for Minorities (NCM) found that Hindu nationalist groups in Madhya Pradesh had frequently invoked the state’s anti-conversion law as a pretext to incite mobs against Christians. The NCM report also pointed at police collusion in the attacks.

“The life of Christians has become miserable at the hands of miscreants in connivance with the police,” the NCM said in its report. “There are allegations that when atrocities were committed on Christians, the police remained mere spectators, and in certain cases they did not even register their complaints.”

The NCM is an independent body created by Parliament in 1993 to monitor and safeguard the rights of minorities.

Muttungal said the Catholic Bishops’ Conference would approach the state high court with the facts it has gathered to prove police involvement in complaints against Christians.

Most complaints against Christians are registered under Section 3 of the Madhya Pradesh “Freedom of Religion Act” of 1968, popularly known as an anti-conversion law. The section states, “No person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion.”

Offenses under the anti-conversion law are “cognizable,” meaning police are empowered to register a complaint, investigate and arrest for up to 24 hours, without a warrant, anyone accused of forced conversion.

Police also use Sections 153A and 295A of the Indian Penal Code (IPC) to arrest Christians. Section 153A refers to “promoting enmity between different groups on grounds of religion and doing acts prejudicial to maintenance of harmony.” Section 295A concerns “deliberate and malicious acts to outrage religious feelings.” These IPC crimes are also cognizable.

Report from Compass Direct News 


State fails to set aside funds to transport key witness to hearing.

MALATYA, Turkey, June 25 (Compass Direct News) – A suspected “middleman” between the alleged masterminds and young executors in the stabbing murders of three Christians here failed to appear at a hearing on Friday (June 19) because of a procedural error.

The state prosecutor’s office failed to set aside funds to transport Varol Bulent Aral to the southeastern city of Malatya from Istanbul, where he is held, the court announced. Aral is the second suspected middleman connecting the five young murderers to “deep state” masterminds who allegedly plotted to kill Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske.

The three Christians were bound and tortured before they were murdered on April 18, 2007 at Zirve Publishing Co., where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught at the scene of the crime.

While in prison, Gunaydin testified to the state prosecutor that Aral, a journalist allegedly attached to a far-reaching political conspiracy known as Ergenekon, had contacted him and instructed him to carry out the murders. Gunaydin had also testified that Huseyin Yelki, who worked as a volunteer at the Zirve office, had planned details of the crime with him.

The court heard Yelki’s testimony in the last two hearings, but judges could not arrive at conclusive evidence connecting him to the murders. At the May hearing, Gunaydin retracted his statement that he and Yelki met to strategize before the murders. An order last month to investigate Yelki’s bank accounts for links to suspicious activity has yielded no new information, judges stated at the last hearing. He is still obligated, however, to attend every court hearing.

At a May hearing, the court also requested a list of people who have visited Gunaydin since the beginning of this year, suspecting that he may be under pressure to retract statements he has made implicating middlemen in the murders. The court is still evaluating the list of visitors it received.

Gunaydin’s girlfriend, Burcu Polat, was also expected to testify on Friday but did not appear. The court ordered Polat to appear at the next hearing and is petitioning the prosecutor’s office to funnel the necessary funds for Aral’s transportation from Istanbul to Malatya.

Erdal Dogan, one of a team of plaintiff lawyers in the Malatya case, told reporters after the short hearing that Aral’s absence resulted from a great oversight on the part of the Justice Ministry.

“They didn’t bring the witness due to a lack of funds,” said Dogan. “That the Justice Ministry knew the court date and didn’t put money aside for the witness to come is a tragic state of affairs.”

When asked whether the case will be joined to the ongoing Ergenekon court hearings, Dogan said the court is still researching possible links between the Malatya murders and those of Armenian Christian and newspaper editor Hrant Dink, who was killed three months before the men in Malatya, and Catholic priest Andrea Santoro, who was slain in the Black Sea coastal town of Trabzon in February 2006.

Link with ‘Insulting Turkishness’ Trial?

In Silivri, the case against Turkish Christian converts Hakan Tastan and Turan Topal for “insulting Turkishness” under controversial Article 301 continues to drag on two years after they were charged – leading the defendants to wonder if the “deep state” is also behind their ordeal.

Tastan and Topal were charged after speaking about their faith. The decision to try them under the disputed article came after three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – stated that Topal and Tastan were conducting missionary activities in an effort to show that Islam is a primitive, fictitious religion that results in terrorism and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms. Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

On May 28 the court, though yet again reaching no conclusions, ordered five witnesses to appear at the next hearing, set for Oct. 15.

“This is malicious,” Topal told Compass. “Every time they call someone else, find something new to accuse us of. They have called everyone, and this time they’re calling people from the judiciary… claiming that we met with them. It just keeps going on.”

Three of the five lawyers ordered to appear at the next hearing are workers in the country’s judicial system.

“If they would just make up their mind and at least pronounce us guilty, we would have a chance to take the case to the European Court of Human Rights, but now there’s just uncertainty,” said Topal.

He said he and Tastan are convinced that their trial is a set-up from Turkey’s “deep state” and is connected to the murders of the Christians in Malatya.

“In my mind, our court case and these murders were orchestrated,” Tastan said.

He described how, after they came out of a hearing held the day the three Christians were murdered in Malatya, members of the press and others gathered outside the courthouse in Silivri.

“Among the crowd, people yelled out to us, ‘We will cut you up too. We will kill you too,’” he said. “So when did they gather these people? When did they come? When did they learn of the event to know to yell at us if there wasn’t a connection between the two cases?”

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial are now jailed themselves, unable to attend the hearings. Both ultranationalist lawyer Kemal Kerincsiz and spokesperson Sevgi Erenerol of the Turkish Orthodox Church – a Turkish nationalist denomination with no significant following – are accused of playing leading roles in Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy to overthrow the government.

“I think that it was the same people who orchestrated this,” said Tastan, referring to Ergenekon.

Report from Compass Direct News


Ministry of Justice decision suggests spreading Christianity may be unlawful in Turkey.

ISTANBUL, March 20 (Compass Direct News) – Turkey’s decision last month to try two Christians under a revised version of a controversial law for “insulting Turkishness” because they spoke about their faith came as a blow to the country’s record of freedom of speech and religion.

A Silivri court on Feb. 24 received the go-ahead from the Ministry of Justice to try Christians Turan Topal and Hakan Tastan under the revised Article 301 – a law that has sparked outrage among proponents of free speech as journalists, writers, activists and lawyers have been tried under it. The court had sent the case to the Ministry of Justice after the government on May 8, 2008 put into effect a series of changes – which critics have called “cosmetic” – to the law.

The justice ministry decision came as a surprise to Topal and Tastan and their lawyer, as missionary activities are not illegal in Turkey. Defense lawyer Haydar Polat said no concrete evidence of insulting Turkey or Islam has emerged since the case first opened two years ago.

“The trial will continue from where it left off – to be honest, we thought they wouldn’t give permission [for the case to continue],” said Polat, “because there was no persuasive evidence of ‘degrading Turkishness and Islam’ in the case file.”

A Ministry of Justice statement claimed that approval to try the case came in response to the original statement by three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms, and Polat said Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” said Polat. “In Turkey, constitutionally speaking it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer contended that prosecuting lawyers have given political dimensions to the case by rendering baseless accusations in a nationalistic light.

“From their point of view, missionary activity carried out by missionaries of imperialistic countries is harmful for Turkish culture and the country overall,” Polat said.

Tastan said that although he has always been confident that he and Topal will be acquitted, the decision of the Ministry of Justice to try them under Article 301 left him deeply disappointed in his own country.

“After this last hearing, I realized that I didn’t feel as comfortable as I had been in the past,” Tastan told Compass. “I believed that surely the Ministry of Justice would never make the decision they did.”

Tastan said he was uneasy that his country would deem his Christian faith as insulting to the very Turkishness in which he takes pride.

“This is the source of my uneasiness: I love this country so much, this country’s people, that as a loving Turk who is a Christian to be tried for insulting Turkey has really cut me up,” said Tastan. “Because I love this nation, I’ve never said anything against it. That I’m a Christian, yes, I say that and I will continue to do so. But I think they are trying to paint the image that we insult, dislike and hate Turks. This really makes me sad and heartsick.”

If nothing else, Tastan said, the trial has provided an opportunity for Turkish Christians to show God’s love and also make themselves known to their compatriots. He called the ministerial decision duplicitous.

“A government that talks the European Union talk, claims to respect freedom, democracy, and accept everyone, yet rejects me even though I’m a Turkish citizen who is officially a Christian on his ID card, has made me sad,” he said. “That’s why I’m disappointed.”



At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which last week acquired official association status and is now called “The Society for Propagating Knowledge of the Bible.” In the last court hearing, prosecutors demanded that further inquiries be conducted into the nature of the association since the defendants used their contact lists to reach people interested in Christianity.

“Because they think like this, they believe that the Bible center is an important unit to the missionary activities,” said Polat. “And they allege that those working at this center are also guilty.”

The court has yet to decide whether police can investigate the Christian association.

Polat and the defendants said they believe that as no evidence has been presented, the case should come to a conclusion at the next hearing on May 28.

“From a legal standpoint, we hope that they will acquit us, that it will be obvious that there is no proof,” said Tastan. “There have only been allegations … none of the witnesses have accused us in court. I’m not a legal expert, but I believe that if there is no proof and no evidence of ‘insulting,’ then we should be set free.”

The initial charges prepared by the Silivri state prosecutor against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that Christian missionaries were trying to form illegal groups in local schools and insulting Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six gendarme soldiers to testify as prosecution witnesses, none have stepped forward to do so. At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

“We believe the case has arrived to a concluding stage, because all evidence has been collected and the witnesses have been heard,” Polat said. “We believe the accused will be dismissed. The inverse would surprise us.”

Polat underlined that while the case shows that human rights violations in Turkey are still a “serious problem,” it is also true that Turkey’s desire to join the European Union has brought sincere efforts to improve democratic processes. He attested, however, that establishing a true democracy can be a long process that requires sacrifices.

“It is my conviction that there is no other way for people to believe in and establish democracy than through struggle,” he said.

Tastan added that he sees hope that the notion that being “Turkish” means being Muslim is breaking. Due to exposure to media coverage of the murder trial of the April 18, 2007 slaughter of three Christians in Malatya, he said, Turks are becoming aware that there are fellow citizens who are Christians and are even dying for their Lord.

“This makes me happy, because it means freedom for the Turkish Christians that come after us,” said Tastan. “At least they won’t experience these injustices. I believe we will accomplish this.”

For the time being, though, the Ministry of Justice’s decision that Tastan and Topal can be tried under the revised Article 301 law appears to contribute to the belief that to promulgate a non-Islamic faith in Turkey is tantamount to treason. As Turkish online human rights magazine Bianet headlined its coverage of the decision, “Ministerial Edict: You Can Be a Christian But Do Not Tell Anyone!”  

Report from Compass Direct News