Special Investigations Team Sought in Orissa Violence

Acquittals increasingly surpass convictions due to shoddy or corrupt police investigators.

NEW DELHI, December 7 (CDN) — Christian leaders in India have called for a special investigations team to counter the shoddy or corrupt police investigations into anti-Christian violence in Orissa state in August-September 2008.

Of the 100 cases handled by two-fast track courts, 32 have been heard as of Nov. 30, resulting in 48 convictions and more than 164 acquittals. A legislator for the main Hindu extremist party has been exonerated “for lack of evidence” in six cases, most of them involving murder charges. The number of cases registered total 787.

“Christians are extremely shocked by this travesty of justice in Orissa,” attorney Bibhu Dutta Das told Compass.

The government of Orissa set up two fast-track courts in Kandhamal district headquarters for cases related to the violence that began in August 2008 after the killing of Swami Laxmanananda Saraswati and four of his disciples in Jalespetta on Aug. 23, 2008. The chief minister of Orissa state has admitted that Hindu extremist umbrella group Sangh Parivar was involved in the anti-Christian violence (see sidebar below), and Christian leaders have said they are increasingly concerned over verdicts in the fast-track courts based in Phulbani.

Among those exonerated “for lack of evidence” was Manoj Pradhan, a legislator from the Hindu extremist Bharatiya Janata Party (BJP), who was acquitted of murder on Nov. 24. He was accused of killing Trinath Digal of Tiangia village on Aug. 25, 2008.

Thus far, Pradhan has been cleared in six of 14 cases against him.

“Manoj Pradhan has been let off in all the major cases against him, mostly murder cases, for lack of evidence,” attorney Das told Compass. “Now only small cases of arson remain against him.”

Attorneys said acquittals have resulted from police investigations that were intentionally defective to cover up for Hindu extremist attackers. In many cases, for example, police have fraudulently misrepresented the ages of suspects so they would not match with those denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

Nine people were convicted, and five suspects, including Pradhan, were acquitted “for lack of evidence” on Nov. 18 for burning the house of Ratha Nayak in Mlahupanga village, Kandhamal on Aug. 27, 2008. Those convicted were sentenced to four years of prison and fined 3,500 rupees (US$75) each.

In a previous case, witnesses had testified to the involvement of Pradhan in the kidnapping of Kantheswar Digal – subsequently murdered on Aug. 25, 2008 – in Sankarakhole village, Phulbani district, but their testimony failed to convince the court to condemn the BJP politician.

Pradhan was arrested and jailed in October 2008 and was elected as BJP Member of the Legislative Assembly from the G. Udayagiri constituency while in jail.

On Nov. 24, Judge C.R. Das acquitted six suspects: Budhdeb Kanhar, Purander Kanhar, Gadadhar Kanhar, Sudhir Pradhan, Ajibana Pradhan and Dadhi Mallick. They were accused of killing Meghanad Digal and his wife Priyatama from Dutukagam village, Tikabali on Sept. 25, 2008.

Judge S.K. Das sentenced 12 persons to four years of prison along with a fine of 2,000 rupees (US$43) each on Nov. 28 for torching houses and shops at Sirtiguda village, under Nuagaon police jurisdiction, on Sept. 13, 2008.

Indo-Asian News Service reported that on Nov. 30 Sanjeev Pradhan was convicted of torching the house of Shravan Kumar Digal of Penagari village on Aug. 25, 2008. Sanjeev Pradhan was sentenced to prison for five years and fined 7,500 rupees (US$160).

Special Investigation Team Sought

Christian leaders are calling for a special investigation team like the one created after communal violence wracked Gujarat state in 2002.

“The need of the hour is a special investigation team, for the investigations of the Orissa police have caused doubts,” attorney Das said. 

He added that the cases should be transferred out of Kandhamal, as Christian leaders feel justice cannot be served in the district’s Hindu extremist atmosphere.

Many of the Christians displaced as a result of the violence have yet to return to their villages. The archbishop of Bhubaneswar-Cuttack, Raphael Cheenath, told media that out of 50,000 people displaced, about half have returned, “but they are facing housing problems. The state government should take it up earnestly.”

Dr. John Dayal of the All India Christian Council stated in a Dec. 4 report that “several thousand of the 50,000 Christian refugees are still to return home. Many cannot, as they have been told they have to convert to Hinduism before they will be accepted in the villages. The threats and coercion continue till today.”

He added that most of the more than 5,000 houses destroyed in December 2007 and August-October 2008 mayhem have yet to be rebuilt.

Attorney Das told Compass many of those who fled their village fear returning home.

“It is true that in many cases, the pre-condition of converting to Hinduism and facing violence if they do not has been the factor that has prevented the people from returning to their homes,” he said. “The fear of being attacked again has also stopped many from going into their villages. The government has not been very successful in instilling trust in the Christian community that such incidents can be prevented in the future.”

Orissa police yesterday arrested a man accused in the rape of a nun during the violence in Kandhamal. Gururam Patra was reportedly arrested in Dharampur.

He was accused of leading a mob that attacked the nun at on Aug. 25, 2008. Police have so far arrested 19 people in the incident, with another 11 still at large. The 29-year-old nun has told police she was raped and paraded naked by a Hindu extremist mob, and that officers only stood by when she pleaded for help.

SIDEBAR

Official Names Hindu Nationalist Groups in Orissa Violence

NEW DELHI, December 7 (Compass Direct News) – The ruling party of Orissa state, which labelled last year’s mayhem in Kandhamal district as “ethnic violence,” has publicly admitted that Hindu nationalist groups were behind the killings and arson of Christians and their property.

“It is learnt from the investigation into the riot cases that the members of the RSS [Rashtriya Swayamsevak Sangh], the VHP [World Hindu Council] and the Bajrang Dal were involved in the violence that took place last year,” Orissa Chief Minister Naveen Patnaik told the state legislative assembly last month.

Patnaik, in response to a question by a member of the Communist Party of India, also disclosed that police had arrested 85 people from the RSS, 321 members of the VHP and 118 Bajrang Dal members in the attacks. He said that only 27 members from these groups were still in jail.

The others were either bailed out or acquitted for lack of evidence, which Christians say is due to shoddy or corrupt investigation by police and prosecutors (government attorneys).

Soon after violence in Kandhamal broke out in August 2008, Patnaik blamed it on “conflict of interest” between Dalits (people at the bottom of the caste hierarchy in Hinduism and formerly known as “untouchables”) and tribal people.

National media speculated that Patnaik was seeking to deflect attention from the Bajrang Dal, which had been accused of the attacks on the Christians. The Bajrang Dal (Army of Hindu God Hanuman) is the youth wing of the VHP, which is seen as part of the RSS family.

Local Christians had suspected the role of the RSS and related outfits since the violence began on Aug. 24, 2008 – one day after Hindu nationalist leader Laxmanananda Saraswati was killed by Maoists (extreme Marxists) and RSS members blamed Christians for it.

The RSS is a Hindu nationalist conglomerate whose political wing, the Bharatiya Janata Party (BJP), was part of the ruling coalition during the 2008 eruption of the violence that killed more than 100 people, mostly hacked to death or burned alive, and incinerated more than 4,500 houses, over 250 churches and 13 educational institutions.

Patnaik’s party, the Biju Janata Dal (BJD) broke up its 11-year-old alliance with the BJP in March 2009, a month before state assembly and national elections were held. The BJD, which fought the two elections alone, won a majority in the state assembly and most seats in parliament from the state.

It was only after the coalition’s break-up that the BJD began to hint at the culpability of the RSS and related groups.

“It was important to break up with the BJP, because I don’t consider them healthy any longer for my state after Kandhamal [violence] – which I think is very apparent to everyone,” Patnaik told CNN-IBN, a private TV news channel, on April 19.

A state government-constituted panel, the Justice Mohapatra Commission of Inquiry, is probing the Kandhamal violence but has yet to issue its final report.

Meantime, a report of another panel, the Justice M.S. Liberhan Commission of Inquiry, said that top leaders of the BJP, the RSS, the VHP and the Bajrang Dal “meticulously planned” the demolition of the 17th century Babri Mosque 17 years ago.

More than 2,000 people were killed in communal violence across the country following the demolition of the mosque on Dec. 6, 1992. The incident polarized voters along religious lines and subsequently contributed to the BJP’s rise in Indian politics.

The Liberhan report, presented to parliament on Nov. 25, indicted several Hindu nationalist leaders, including former Prime Minister Atal Bihari Vajpayee, current Leader of Opposition in the People’s House L.K. Advani, VHP leader Ashok Singhal and former RSS chief K.S. Sudarshan.

Observers said the indictment of extreme Hindu nationalists, however, has come too late, as the BJP no longer seems to be powerful at the national level.

Report from Compass Direct News 

PAKISTAN: CHRISTIANS BURNED TO DEATH IN ISLAMIST ATTACKS

14 believers reportedly killed; more than 100 homes burned in Gojra town, Korian village.

 

GOJRA, Pakistan, August 1 (Compass Direct News) – Islamic extremists today set ablaze more than 50 houses and a church in this town in northeastern Pakistan following an accusation of “blasphemy” of the Quran, leaving at least 14 Christians dead, sources said.

The dead include women and children, with several other burn victims unable to reach hospitals for medical care, according to the Centre for Legal Aid Assistance and Settlement (CLAAS). The attack came amid a protest by thousands of Muslim Islamists – including members of banned militant groups – that resulted in another six people dying when participants shot at police and officers responded with tear gas and gunfire.

The same rumor of desecration of the Quran that led to today’s massive protest and attack in Gojra, 50 kilometers (31 miles) from Faisalabad, also prompted an arson assault on Thursday (July 30) by Islamic extremists on the village of Korian, seven miles from Gojra, that gutted 60 houses.

Punjab Minister for Law Rana Sanaullah reportedly said an initial investigation of allegations of the Quran being blasphemed indicated “there has not been any incident of desecration.”

Because of the earlier assault in Korian, Pakistani officials were already in the area and had sought reinforcements to help control the 11 a.m. demonstration today in Gojra, but security forces were slow to respond, according to CLAAS.

“There were unaccountable people in the mob and they were out of control because only four police constables were trying to stop the mob of thousands of people,” a CLAAS report said.

Crowd size and attacks grew, and Islamists managed to block main roads and railways to keep fire brigades from fighting the house fires, according to CLAAS.

With authorities also blocking roads to keep more Muslim extremists from entering from neighboring villages, clerics at local mosques broadcast messages that those “who love Muhammad and Islam should gather with them to defend the Islam because it is in danger,” according to CLAAS.

Asam Masih, a Christian in Gojra, said that that women and children were severely burned and had no way to get to a hospital, according to CLAAS, which was helping to transport victims for medical care.

Islamists set on fire a Catholic church on Sumandri road and destroyed it using firearms and explosives, according to CLAAS.

“50 houses are burned and totally destroyed,” the CLAAS statement read. “14 people including children, women and men are expired.”

Wedding and Funeral

As Christians have begun defending themselves against the onslaughts, mainstream media have already begun referring to the overwhelmingly Islamist aggression as “Christian and Muslim rioting.”

Compass investigated the facts of the trigger incident in the village of Korian, where more than 500 Muslims, responding to calls from a mosque, attacked Christians in Toba Tek Singh district. Local sources said nearly all village Christian families fled. The fires destroyed their homes – collapsing their wooden roofs or melting T-iron roofs – and all belongings within that the attacking Muslims had not first looted.

“Our house is burnt and everything is gone, but Muslim neighbors around are not willing to give us a loaf of bread or a sip of water to us,” 80-year-old Baba Sharif Masih told Compass.

He and his wife Hanifa Bibi, 73, were the only Christians left in the village in the northeastern province of Punjab. Masih, who is paralyzed, said the attackers let them live when they pleaded that they were unable to run away.

Two church buildings were ransacked but not burned, Compass sources said.

One Christian resident of Korian identified only as Shabir said the blasphemy accusation grew out of an incident at a wedding on Sunday (July 25). During the ceremony, Christian wedding guests tossed currency notes and coins into the air according to custom, with children catching most of them as they fall. Shabir told Compass a Muslim funeral was taking place at the same time, however, and that mourners told wedding celebrants to stop their music; they apparently declined.

The next day, Muslims met with the parents of the bride, Talib and Mukhtar Masih, and told them that their sons had cut pages of the Quran the size of currency notes and had been throwing them in the air the previous night, Shabir said.

“Talib said that nothing like this has happened, but that if there was anything, ‘I’ll call my son and he will definitely apologize for it,’” Shabir said. “But then they immediately began beating them and left Talib when he fell unconscious.”

Shabir said that afterward when Christian women went to the Muslims and told them that they were wrong to beat Talib Masih, the assailants yelled at them and tried to attack them, but they were able to flee to their homes.

On Thursday (July 30), Shabir said, Muslim clerics announced from the village mosque that “if any infidel Christian wanted to save his or her life, then get out of here or they would be killed.”

As the Muslim mobs gathered, he said, Christians immediately fled – leaving their meals prepared and fires burning in stoves.

“These assailants first looted these houses and then set them on fire and closed the door,” he said. “Since then, not a single Christian is left there except a very old couple.”

Islamist’s Version

Village Muslims declined to open their doors when Compass reporters called on them.

But one of three Muslim leaders standing with a crowd of turban-clad Islamists at the entrance to the village, Qari Noor Ahmed, told Compass the story of the alleged cut pages of the Quran at the marriage ceremony.

“Because it was night, no one noticed, but in the morning we saw that the pages of the Quran had been cut to currency note size, and they were trampled under people’s feet,” he said.

Ahmed said that village authorities later met and called in Talib and Mukhtar Masih. He said that council authorities decided that their son should apologize.

“But when his son came in the meeting, he by no means seemed apologetic, rather he was aggressive,” Ahmed said. “This was the root cause, and we told Talib and Mukhtar to tell their children to apologize.”

Ahmed said that afterwards they searched for Talib and Mukhtar Masih and their sons but could not find them.

“Then Muslims became furious that first they had profaned the Quran, and now they had fled and were not apologizing,” Ahmed said. “Then the villagers attacked their houses. All the Christians who are visiting here are armed, and we are sitting here to avoid any untoward incident. It is better for you to leave now or you may be attacked.”

Munawar Masih, a 20-year-old Christian in Korian, said that he was preparing supper around 7 p.m. when he heard the announcement from the mosque that “infidel Christians had profaned the Holy Quran, and let’s teach them exemplary lesson.”

He looked outside as his family was about to sit down to dinner and saw a large mob approaching.

“We just fled from there to save our lives, and since then we are hiding in Gojra,” he said.

Private TV channel reporter Ghulam Muhauddin told Compass that after the Korian houses were set on fire, the Islamic extremists blocked the Faisalabad-Gojra Highway to keep firefighters from arriving.

“When the attack was unleashed, several people were injured and even some domestic animals were killed,” he said.

Muhauddin said that after negotiations between the District Police Officer and the protestors, Station House Officer (SHO) Jamshed Iqbal Nasir was suspended for not properly handling the incident.

Christians Accused

Officials at the Sadar Police Station, in whose precincts the attack took place, were not available for comment, but a deputy called Imam Din said that a First Information Report (FIR) had been filed under Section 295-B, or blasphemy of the Quran, against Talib and Mukhtar Masih.

He said that the complainant in the case was Muhammad Ashraf, and that police had possession of the alleged burnt or cut papers of the Quran. Din said that after SHO Nasir was suspended and Ashiq Hussein replaced him, Hussein was willing to file an FIR against those who had ransacked and burned houses of Christians. He said the accused were still at large and that police would arrest them after Christians returned to their homes.

Asked if police were under pressure from Islamists or the government, Din declined to comment.

Advocacy group Community Development Initiative (CDI) field officer Napoleon Qayyum said that the group had informed high officials about the Korian attack, including the presidency, and that soon afterward the president issued a notice. Qayyum noted that the Korian and Gojra attacks follow a July 1 attack in Kasur, where swarms of Islamists ransacked and damaged 110 homes.

“It is a clear sign that violent attacks against Christians have dramatically increased in recent days,” he said, adding that CDI would provide legal help to victims. CDI works with assistance from the American Centre of Law and Justice.

Muhauddin of the private TV channel added that Punjab Chief Minister Shahbaz Sharif had taken the notice of the attacks and was forming an investigative team comprising the Faisalabad Regional Police Officer and Faisalabad Commissioner, which will send a report to him.

A spokesman from the Pakistani president’s office, former Sen. Farhatullah Babar, told Compass that President Asif Ali Zardari had taken a notice of the attack and had asked the provincial government to investigate. He said the president has condemned the attack and that there was no justification for anyone taking the law into their own hands.

Asked why the committee constituted by the provincial government did not have any Christians on it, he responded that it was the discretion of the provincial government to determine the make-up of the panel and that the federal government was concerned only about the report. Asked why an FIR had been filed against Christians and not Muslims for ransacking and vandalizing, he said only that appropriate action would be taken after the inquiry.

Member of National Assembly Farahnaz Ispahani, wife of Pakistani Ambassador to the United States Husain Haqqani, told Compass that President Zardari had directed Federal Minorities Affairs Minister Shahbaz Bhatti to visit the area and “express sympathy with the victims.”

Report from Compass Direct News 

EGYPT: CUSTODY BATTLES BRING ISLAMIC LAW INTO QUESTION

Human rights advocates look to international arena for help.

ISTANBUL, November 24 (Compass Direct News) – Egyptian human rights workers are looking to international bodies for support against Muslim judges who use sharia (Islamic law) to undermine custody rights of Christian mothers.

Despite provisions such as Egyptian law’s Article 20, which dictates that minors should remain with their mother until age 15, judges consistently rule in favor of Muslim fathers in custody disputes with Christian mothers. Islamist judges typically resort to Article 2 of the Egyptian Constitution, which states that “principles of Islamic law are the principal source of legislation.”

Sharia-based decisions that rule contrary to Egyptian statutory law have led the Egyptian Initiative for Personal Rights (EIPR), an independent human rights organization, to protest before the African Commission on Human and Peoples Rights (ACHPR). The ACHPR was formed by the African Union to oversee the implementation of its Charter on Human and People’s Rights.

An investigation, decision and recommendation by the African Commission to the Egyptian government would lend considerable weight to the EIPR’s efforts to enforce Egyptian Personal Status Law, which states explicitly the mother’s right to custody of her children until they reach age 15.

The EIPR’s complaint before the African Commission accuses the Egyptian government of violating the African Charter on Human and Peoples’ Rights, which Egypt ratified in 1984, the human rights organization said in a Nov. 10 statement. The EIPR referred to the case of 13-year-old twins Andrew and Mario Medhat Ramses, whom an appeals court awarded to their father Medhat Ramses Labib on Sept. 24 after a custody battle.

“The government’s treatment of the boys’ mother, Kamilia Lotfy Gaballah, constituted discrimination based on her religion and violated her right to equal protection before the law,” the EIPR stated. “The case also charges that the government violated the two boys’ right to freedom of religion and contravened the state’s legal obligation to protect child rights.”

The boys’ father, Labib, converted to Islam in 1999 after divorcing Gaballah to marry another woman. In 2006 Labib altered the official religious status of the boys and later applied for custody.

“Obviously in this custody decision, it is a flagrant disregard of the Personal Status Law, which ensures custody for the mother until the children are 15 years old,” said Hossam Bahgat of the EIPR. “In this case the judiciary chose to ignore statutory law and apply their own interpretation of sharia.”

The long-running case of the twins exemplifies the problem but is in no way unique. Sisters Ashraqat Gohar, 12, and Maria Gohar, 8, were taken from their Christian mother in January and placed in the custody of their Muslim father, Wafiq Gohar, despite his criminal record and the 12-year-old’s claims that he is an alcoholic.

The court ruling referred to Wafiq Gohar’s fears that “[the girls] would cherish a religion other than Islam, eat foods that are banned in Islam and go to church” as determining factors in their decision.

“It is a big problem we are facing in Egypt,” said Naguib Gobrail, president of the Egyptian Union of Human Rights Organizations. “The decision of the court clearly stated that according to Article 2, the main source [of legislation] is sharia, so the judge cannot apply the natural law.”

More recently, 3-year-old Barthenia Rezqallah of Tanta, near Cairo, remains in her father’s custody, despite a court order that she be returned to her mother pending a final verdict. Police have turned a blind eye to the court order out of fears that the child will practice Christianity rather than Islam, said Gobrail.

Gobrail said that international pressure may be the solution.

“Maybe a connection with someone of international character connecting with President [Hosni] Mubarak is the only way,” he said, “because he has the authority to give orders to the National Assembly to issue a law to make things equal between Muslims and Copts, especially for the children.”  

Report from Compass Direct News

CENTRAL INTERIOR ASSEMBLY SAYS ‘YES’ TO SAME-SEX BLESSINGS

The assembly of the Anglican Parishes of the Central Interior (APCI) has requested its bishop, Gordon Light, to allow clergy whose conscience permits to bless civilly-married gay couples where at least one party is baptized. The assembly passed the motion when it met Oct. 17 to 19, reports Anglican Journal.

A notice of a similar motion was filed at the synod of the diocese of Ontario but was declared out of order by the diocesan bishop, George Bruce, who acted on the advice of the diocesan chancellor (legal advisor). The ruling was appealed at the synod held Oct. 16 to 18 but was upheld by a majority vote of delegates.

At the APCI assembly, Bishop Light gave concurrence to the motion but suspended any action pending consultations with the Canadian house of bishops, which meets Oct. 27 to 31 to discuss, among others, how best to respond to renewed proposals for moratoria on the blessing of same-sex unions, the ordination of persons living in same-sex unions to the episcopate, and cross-border interventions.

Since the 2007 General Synod four dioceses have already passed similar motions – Ottawa, Montreal, Niagara, and Huron. The diocesan synod of New Westminster approved same-sex blessings in 2002.

Of the 50 clergy and lay delegates at the APCI assembly, 36 voted yes (72 per cent), 10 voted no (20 per cent), and four (8 per cent) abstained. APCI is composed of 18 parishes (including 35 congregations) which was constituted after the former diocese of Cariboo closed its diocesan office in 2001 because of financial pressures surrounding lawsuits about abuse at the St. George’s Indian Residential School in Lytton, B.C.

“We had a very respectful discussion. All voices were heard,” said Rev. Susan Hermanson, rector of St. Peter’s Anglican church in Williams Lake, who moved the motion. She said that approval of the motion “allows us to accept gays and lesbians fully as part of our family and, as in all families, we can disagree with one another and still be part of the family.”

In a telephone interview, she added that the motion was also meant to “take a reading” of where APCI was on the issue. She noted that in 2000, the diocesan synod of Cariboo had approved a motion affirming the full inclusion of gay and lesbian couples in the life of the church. Since then, parishes have been discussing and studying the issue further, she said. “We have, in fact, been discussing this issue for the last 30 years now,” she said.

In her written background and explanation, Ms. Hermanson noted that APCI “is a diverse community and therefore respects and honours those who, because of their theological position or as a matter of conscience, cannot agree with the blessing of same-sex unions.”

Anglicans opposed to same-sex blessings believe that homosexuality is contrary to scripture and to Anglican teaching. To date, 14 of about 2,800 congregations have left the Canadian Anglican church over theological disagreements over homosexuality. These churches have joined a group called the Anglican Network in Canada (ANiC) and placed themselves under the episcopal oversight of the primate of the Southern Cone, Archbishop Gregory Venables.

Report from the Christian Telegraph