Court Reverses Revocation of Indonesian Church’s Building Permit

Outside Islamists had intimidated local officials into withdrawing approval.

JAKARTA, Indonesia, March 8 (CDN) — A court in West Java has reversed the revocation of a Catholic church’s building permit.

The Purwakarta regency government had revoked the building permit for Santa Maria Catholic Church when Islamists threatened local residents and officials into opposing the project, church leaders said.

The church sued the Purwakarta regency for revoking the approved building permit in Cinangka village last October, and in a little-publicized court ruling on Feb. 25, a judge in a state court in Bandung, West Java decided in favor of the church.

“The error arose when external forces pressured the Purwakarta government so much that it revoked the building permit,” the head of the church legal team, Dr. Liona Nanang, told Compass. “Government sources have admitted that this was done because of outside pressure.”

The church official said objections to the church under construction did not come from residents of Cinangka village, where the church is located.

“We called the village headman and the block captains to testify,” Nanang said. “According to them, the objections are not from Cinangka villagers, but from citizens of Cikampek, which is not even in our district [county].”

The Purwakarta government is planning to appeal the case, but Nanang said church lawyers are optimistic that construction likely would resume once the High Court in Jakarta rules.

On Oct. 16 the regent of Purwakarta regency, Dedi Mulyadi, revoked the construction permit after Islamists threatened some of the local residents whose approval is required by Indonesian law. Church leaders said members of the Islamic Defenders Front (Front Pembela Islam, or FPI) “continually terrorized” both the regent and residents who had previously given their approval.

A Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires the permission of more than 60 neighbors and a permit from local authorities to establish a place of worship. The more than 60 local citizens giving their approval must provide photocopies of their identity cards.

Nanang said that the judge agreed with the plaintiff that there had not been any irregularities in the process of obtaining a building permit. The judge found that the Purwakarta government had violated basic principles of good government including justice and the rule of law.

“A building permit can be legally cancelled if there is no construction activity within six months of the date of publication of the permit,” Liona told Compass. “However, Santa Maria Church began to build immediately.”

The court also ruled that the Purwakarta government had no legal reason to revoke the building permit. The Joint Ministerial Decree Number requires not only a minimum of 60 signatures of those not using the building but a minimum of 90 signatures of those who will use it, and the church had obtained the signatures of 93 non-users and 170 church members who would use the building.

The Rev. Augustinus Made of Santa Maria Catholic Church concurred that revocation of the building permit came about from extremely heavy pressure from the FPI and other radical Muslim groups.

“We rejoice in the verdict,” he said. “We had fulfilled all of the regulations. We built on land that had been zoned for a house of worship – land that we purchased.”

At the time the building permit was revoked, land had been prepared, the area fenced and the foundation laid.

The church had planned its building on a 5,000-square meter lot in a sparsely populated industrial area on land zoned for houses of worship. The congregation of over 1,000 has been worshipping in a steel factory warehouse some distance from the building site since its inception in 2002.

The lot developer had supplied facilities for all faiths; Muslims have two large mosques and an Islamic chapel at each factory. The government plan for the Bukit Indah Industrial Park included facilities for general and social purposes, including places of worship.

Report from Compass Direct News 

Court Impedes Effort to Rescue Kidnapped Girl in Bangladesh

Muslim men abduct Christian eighth-grader, force her to convert and marry.

DHAKA, Bangladesh, November 3 (CDN) — A bail order in Bangladesh has impeded police from rescuing a young Christian girl who was abducted and forced to convert to Islam and marry one of her kidnappers, according to police.

Four Muslim men abducted eighth-grade student Silvia Merry Sarker on July 30 as she made her way home from school in west Sujankathi village, under Agoiljhara police jurisdiction, in Barisal district in southern Bangladesh, according to her father, Julian Sarker.

Sarker filed a case under the Women and Children Repression Act against Al-Amin Faria, 24, Shamim Faria, 22, Sahadat Faria, 20, and Sattar Faria, 50.

“My daughter was abducted by Faria with the help of his cousins and other relatives,” said Sarker.

Sarker filed a First Information Report (FIR) charging that the men abducted his daughter initially to “indulge Al-Amin Faria’s evil desire.” Later she was forced to convert to Islam and marry Al-Amin Faria, which Sarker said was part of an attempt to take over his land and property.

Local police inspector Ashok Kumar Nandi told Compass that police were continuing efforts to arrest the kidnappers but had yet to find them, as the unusually early bail order had blocked their efforts.

“There are four names as prime suspects in the case,” Nandi said. “We arrested three of them, but the court released them on bail. If the court had given them to us on remand, we might have found the girl, or at least we would get much information to rescue the girl.”

Generally suspects in cases under the Women and Children Repression Act are not granted bail so early for the sake of investigations, Nandi said.

“We do not know why they were released on bail,” he said. “Those released persons are moving freely in the village. We cannot arrest them again without an order.”

Attorney Rabindra Ghosh, president of Bangladesh Minority Watch and an activist for Dutch human rights organization Global Human Rights Defense, told Compass that the granting of bail to the suspects also poses threats to the victim’s family.

“They are threatening the victim’s family to withdraw the case,” said Ghosh. “Release of the abductors on bail so early is a travesty – the abductors got impunity due to the early bail order. For the sake of the girl’s rescue, the court could have sent the arrestees to police on remand to find more information about their hideout.”

Gnosh concurred that an accused person under the Women and Children Repression Act case does not get bail so early without first getting necessary information from them.

False Document

A few days after the kidnapping, Sarker said, the abductors provided Nimchandra Bepari, a Hindu neighbor, an affidavit claiming that Sarker’s daughter was 19 years old. Bepari gave the affidavit to the local police inspector. The kidnappers also contacted sub-district chairman Mortuza Khan.

“My daughter is 13 years old, but the abductors made an affidavit of her age showing 19 years old,” Sarker said.

The headmaster of Agoiljhara Shrimoti Matrimangal Girls High School, where the girl is a student, issued a certificate denoting that Silvia Merry Sarker is even younger than 13 – born on Dec. 24, 1997, which would mean she is not yet 12 years old.

The fabricated affidavit provided by the kidnappers states that she accepted Islam and has married, said Sarker.

“I am shocked how a minor girl is shown as an adult in the affidavit,” Ghosh said. “It is illegal, and there should be proper action against this kind of illegal activity.”

Al-Amin Faria had tried to get the girl’s two older sisters to marry him, but their early marriages saved them from falling prey to him, Sarker said.

“I married off my two elder daughters at an early age immediately after finishing their schooling,” said Sarker.

Before they married, Sarker said he felt helpless to keep Faria and his family from accosting and harassing his other daughters.

“I could not take any legal action against them since we are the only Christian family here,” he said. “I tolerated everything. I did not inform it to police or they would get infuriated.”

When Faria “targeted” his second daughter for marriage, Sarker informed the headmaster of the school and its managing committee, and they warned the Muslim not to disturb the family, Sarker said. Nevertheless, he said, he felt he couldn’t send his older daughters to school because he feared Faria would harm them.

“The relation of us with those Muslim neighbors is ‘predator-and-prey,’” he said. “I saved my other family members from his lechery, but I could not save my youngest daughter.”

Sarker said he felt alone and helpless as a Christian minority but that he doesn’t understand how the entire justice system also can be so helpless.

“Why and how can the court, law enforcement agencies, police, administration, society and the country be helpless against him? Why can’t they rescue my daughter?” he said.

Dilip Gabriel Bepari, an activist for Bangladesh Minority Watch, told Compass that the group had informed national and international officials in seeking help to find the girl.

“We informed it to various ministers, political leaders and police high officials,” Bepari said. “We also informed it to the Vatican ambassador in Bangladesh. Unfortunately, the girl is still missing.”

Archbishop Paulinus Costa of Bangladesh said the Catholic Church’s impassioned plea to the government is to rescue her as soon as possible and bring the kidnappers to justice.

“It is unfortunate that the girl is not rescued yet in three months,” Costa said. “There must be negligence and indifference to the Christians from the government, otherwise the girl would be rescued.”

The U.S. Commission on International Religious Freedom (USCIRF) this year removed Bangladesh from its “Watch List” of countries requiring close monitoring of religious freedom violations, but it urged the new Awami League administration to strengthen protections for all Bangladeshis.

USCIRF also indicates that it hopes the government of Bangladesh will investigate and prosecute perpetrators of violent acts against members of minority religious communities.

Report from Compass Direct News 


Converts accused of ‘insulting Turkishness’ fear ruling sets dangerous precedent.

ISTANBUL, March 27 (Compass Direct News) – Fearing that a court-ordered fine of two Turkish Christians here for “illegal collection of funds” would set a precedent crippling to churches, their lawyer plans to take the case to a European court.

Hakan Tastan and Turan Topal each paid the fine of 600 Turkish lira (US$360) to a civil court in the Beyoglu district of Istanbul yesterday. The verdict cannot be appealed within the Turkish legal system, but their lawyer said he is considering taking the case to the European Court of Human Rights.

The ruling refers to the men receiving church offerings without official permission from local civil authorities. Nearly all Protestant fellowships in Turkey are registered as associations, with very few having status as a recognized religious body, and a strict application of the law would limit the scope of churches collecting funds.

Although the punishment is a relatively small fine, their lawyer told Compass there is now a precedent that authorities could use to harass any church for collecting tithes and offerings.

“For now, this court decision is an individual decision, but we fear in the future this could be carried out against all churches,” said defense attorney Haydar Polat.

Umut Sahin, spokesman for the Alliance of Protestant Churches of Turkey, concurred that the case was worrisome for the country’s small Protestant community and could set a disturbing precedent to be against other congregations.

When originally charged, the two men were summoned to police headquarters just before church services by three plainclothes policemen waiting for Tastan at his church. Tastan and Topal were given a “penalty” sheet from security police that ordered each to pay the fine for breaking a civil law.

The court decision to fine them, enacted on Nov. 11, 2008 but not delivered until March 13, denied their request to drop the penalty. The two men claimed they were only collecting money from their co-religionists.

Judge Hakim Tastan ruled at the First Magistrate Court that the two men were guilty of violating section 29 of Civil Administrative Code 2860, which forbids the collection of money without official permission from local district authorities.

In light of the charge of “insulting Turkishness,” the two men believe the smaller accusation of collecting money illegally is merely part of a wider effort by the state to harass and discredit Turkish Christians.

“They are doing this to bother and intimidate us, possibly to pressure us to leave the country,” Tastan told Compass. “They have the intention to hinder church establishment and the spread of the gospel.”

Tastan has spoken publicly over his strong sense of pride in his Turkish identity and frustration with state institutions biased against religious minorities.

“This case is proof that Turkey’s legal system regarding human rights isn’t acting in a just and suitable way,” he said.


Difficult Circumstances

The civil court case was the second set of longstanding charges against the two men. The first involves Turkey’s notorious Article 301, a loosely-defined law that criminalizes insulting “the Turkish nation.”

On Feb. 24 a Silivri court received the go-ahead from the Ministry of Justice to try the men under Article 301. The crux of the first case – originally leveled against them in 2007 by ultranationalist lawyer Kemal Kerincsiz, now indicted in a national conspiracy to overthrow the government – focused on the two men’s missionary efforts as defaming Islam.

Due to lack of proof and no-shows by the prosecution team’s witnesses, the converts from Islam believe they will be acquitted in their next hearing on May 28.

Turkey has come under recent criticism over its handling of religious minority rights by a Council of Europe report, accusing the country of “wrong interpretation” of the Lausanne Treaty as a pretext for refusing to implement minority rights, according to the Hurriyet Daily News.

The 1923 treaty, penned between Turkey and European powers following the collapse of the Ottoman Empire, only recognizes Greeks, Jews and Armenians as minority populations in Turkey.

More troublesome, Turkey’s basis of rights for its non-Muslim minorities is built upon reciprocity with Greece’s treatment of its Muslim minorities. This basis pushes both nations to a “lowest-common denominator” understanding of minority rights, rather than a concept of universal freedoms, the report said.  

Report from Compass Direct News


Human rights activist could face violence long after trial finishes.

CHICAGO, March 13 (Compass Direct News) – A Pakistani investigator has ruled out a charge against a Christian for “blaspheming Islam” but retained another for abetting blasphemy, and advocates worry the stigma of the charges could make him a target for local Islamists.

Hector Aleem, 51, remains in Adiyala Jail in Rawalpindi, near Pakistan’s capital of Islamabad. His lawyer said he believes law enforcement officers and community members framed Aleem for his social activism on behalf of Christians so that the stigma of the charges would subject him to the danger of violence.

The case began last November when a Muslim scholar received a text message insulting the Islamic prophet Muhammad. Authorities charged Aleem with violating sections 295c (blasphemy) and 109bb (abetting) of the Pakistani criminal code.

Investigating Officer Zafer Ikbal on March 4 ruled out the possibility of a blasphemy charge since evidence showed the message came from an unlisted phone number, not Aleem’s. This move followed a Feb. 2 decision by Judge Sakhi Mohammad Kohut to exonerate Aleem of blasphemy by moving the case from an anti-terrorism court to a magistrate court; with the change of court, the investigating officer had considered anew the possibility of a blasphemy charge.

Phone records in the investigation showed the original culprit had a one-hour conversation with someone at Aleem’s phone number. Aleem claimed that his assistant, Bashar Kokar, was the one who talked with the culprit. As a result, both men were incarcerated and charged with abetment.

In the meantime, Aleem’s attorney, Malik Tafik, has filed an application for bail. He said he hopes it will be approved at a session court hearing next week.

The crime of abetting does not carry a severe penalty in Pakistani criminal law. But in this case, Tafik said, its connection to blasphemy against Islam could put Aleem in danger of attacks by Muslim extremists even if he is found innocent.

“He will continue to be in danger from religious extremists after the case finishes,” Tafik said. “Even though he is only charged with abetment, he is still in danger.”

A Pakistani official concurred that those in the community opposed to Aleem’s human rights activism may have used the charges as a pretext to jail him. Khushdil Khan Malik, deputy secretary of Pakistan’s Ministry of Human Rights, said Aleem may have been framed due to his social activism as director of a small Non-Governmental Organization that lobbies for the rights of Pakistani Christians in Islamabad.

Last November, Aleem became involved in a land dispute between a congregation and the Rawalpindi Water and Sanitation Agency, which wanted to demolish their church building.

Blasphemy charges carry a particularly dangerous stigma in certain parts of Pakistan. Within Rawalpindi, there is a dedicated following of the Islamist political movement Sunni Tehreek, which has been involved in violent sectarian clashes with other Islamist movements in the last decade. When Aleem was transferred to a Rawalpindi anti-terrorism court for a hearing on Jan. 30, a crowd of 150 protestors gathered, shouting that his life would not be spared and that the police should hand him over to them.

But Malik said the case has nothing to do with sectarian tensions and resulted only from members of the municipality targeting Aleem because they opposed his campaign to save a church slated for destruction.

“Generally the relations between Muslims and Christians are good,” Malik said. “This was a false case against Aleem.”

Aleem’s bail application is pending. But due to current court strikes in Pakistan, the application may take a few weeks, said Katherine Sapna, a field officer for the advocacy group Centre for Legal Aid Assistance and Settlement (CLAAS). Lawyers are rallying against the government in a bid to reinstate former Supreme Court Chief Justice Iftikhar Chaudry, who was deposed by former President Pervez Musharraf.


More ‘Blasphemy’ Cases

Christian legislators have called on the Pakistani Parliament to strike down its blasphemy laws, as they are frequently used against the Muslim-majority country’s Christian minority.

Punishment for blasphemy in Pakistan can potentially mean death, and the charges are easy to file. Private citizens can register a blasphemy case, whereas normal procedure calls for police officers to file charges.

According to a CLAAS report, police opened blasphemy charges against two Christians on March 1 in the village of Malukay, 55 miles southeast of Lahore. Walayat Masih and his daughter Sarina attended a fair in a graveyard to honor a deceased religious figure, Muharri Shah, revered by both local Christians and Muslims.

In the course of the celebrations, local Muslims thought that the Christians had improperly covered an Islamic inscription on the tomb. Soon a mob gathered and began attacking those Christians who weren’t able to flee. A crowd cornered Masih and his daughter and severely beat them until police arrived and took the victims to the police station, where they were charged with blasphemy.

CLAAS is investigating the case. The organization will represent the two in court if charges are not dropped.  

Report from Compass Direct News