Australia’s quest for national security is undermining the courts and could lead to secretive trials



Bernard Collaery’s whistleblower trial will be a key test of the National Security Information Act and the restrictions it places on defendants and the courts.
Lukas Coch/AAP

Keiran Hardy, Griffith University

This is part of a new series looking at the national security challenges facing Australia, how our leaders are responding to them through legislation and how these measures are impacting society. Read other stories in the series here.


In August, the intelligence officer known as Witness K indicated he would plead guilty to a conspiracy charge under section 39 of the Intelligence Services Act. That section prohibits the disclosure of information acquired or prepared by the Australian Secret Intelligence Service (ASIS).

His lawyer, Bernard Collaery, will contest the same charge in the ACT Supreme Court.

Concerns have been raised about the use of the National Security Information Act (NSIA) in the Collaery trial. Anthony Whealy, a former judge who presided over several of Australia’s recent terrorism trials, said

This could be one of the most secretive trials in Australian history.

Both cases will be back in court this month. A hearing is also scheduled to consider how national security information will be dealt with in the Collaery trial.

There has been significant media discussion around the ASIS bugging that Witness K and Bernard Collaery exposed, but less about the NSIA.

So what is the National Security Information Act? Why was it introduced and how could it lead to secretive trials?

Having its cake and eating it, too

The purpose of the NSIA is to protect national security information while allowing it to be used in Australian courtrooms. It applies in federal court proceedings, both civil and criminal.

Before the NSIA, prosecutors faced a difficult choice. They could prosecute someone for terrorism, national security or secrecy offences and risk having sensitive information disclosed publicly, or they could keep the information secret and possibly have the prosecution fail.

The act was introduced in 2004 as part of Australia’s vast suite of counter-terrorism laws, designed specifically to help prosecutors convict people for terrorism offences.

Now, the government can have its cake and eat it too: it no longer needs to choose between protecting sensitive information and prosecuting someone for disclosing it.




Read more:
Australia has enacted 82 anti-terror laws since 2001. But tough laws alone can’t eliminate terrorism


What does the NSIA do?

The NSIA creates special procedures by which national security information can be protected while still being used as evidence.

National security information is defined broadly under the act as any information relating to

Australia’s defence, security, international relations or law enforcement interests.

There are two circumstances in which the NSIA procedures can be triggered. The first is when the parties know in advance they are likely to reveal national security information during the trial. The parties must notify the attorney-general of this, or face two years in prison.

The second set of circumstances relates to when a witness is being questioned on the stand and an answer has the potential to reveal national security information. If a lawyer or the defendant knows this could happen, he or she must stop the witness from answering and notify the court, or the same penalty applies.




Read more:
Why an Australian charter of rights is a matter of national urgency


In either of these circumstances, the attorney-general can issue a non-disclosure certificate that prohibits the information from being revealed or allows it to be revealed in summary or redacted form. The court then holds a closed hearing in which the judge will determine whether and how the information may be used.

In a closed hearing, not only are journalists and members of the public barred from attending, but also the jury. The judge may even exclude the defendant, the defendant’s lawyer or a court official if revealing the information to them would be likely to compromise national security.

Supporters of Bernard Collaery and Witness K protesting outside Supreme Court in Canberra in August.
Lukas Coch/AAP

Withholding information from defendants

That the legislation permits closed hearings is not necessarily the main issue, though this certainly undermines the principles of open justice. However, closed hearings are an option in other sensitive cases, such as those involving child victims of sexual assault.

The main problem with the NSIA is that it creates a situation in which national security information can be used in a courtroom without the defendant, jury, media or general public knowing the details of that information.

Producing evidence in summary or redacted form means that the gist of the information is provided, but key details are kept secret. In fact, it is not even clear under Australian law that something approximating a gist needs to be given.




Read more:
From Richard Boyle and Witness K to media raids: it’s time whistleblowers had better protection


This undermines the defendant’s ability to argue their innocence. A core aspect of procedural fairness and the right to a fair trial is that defendants must know the case against them. This allows their lawyers to contest the veracity of the evidence through cross-examination.

Without knowing when or how the prosecution’s evidence was collected, or even the precise claims the evidence is making, lawyers cannot adequately defend their clients. They are fighting with one hand tied behind their backs.

Weighing national security vs a fair trial

Moreover, in deciding how potentially sensitive information can be used in court, judges must give greater weight to national security than the defendant’s right to receive a fair hearing.

In other words, the NSIA does not require a judge to balance national security and a fair trial equally. More weight must be given to the former under the law.

It may be that judges can still strike an appropriate balance so defendants receive a fair hearing in cases like these. But if a contest between national security and a fair trial needs to be decided, it is clear which one wins.

Using the NSIA in the Collaery trial is also significant because the accused is a whistleblowing lawyer and not someone accused of terrorism.

After the recent police raids on the ABC headquarters, the home of a News Corp journalist and the home of an Australian Signals Directorate officer, the Australian media will be watching this trial closely.

It is likely, given the sensitive nature of the ASIS bugging scandal, that information will be withheld from Collaery’s defence team for national security reasons. This is a significant test case for whether whistleblowers can receive a fair trial in the current climate of government secrecy.The Conversation

Keiran Hardy, Postdoctoral Research Fellow, Griffith Criminology Institute, Griffith University

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

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New Christian Convert from Islam Murdered


Muslim militants shoot young man dead after learning he had begun to follow Christ.

NAIROBI, Kenya, April 20 (CDN) — Two Muslim extremists in Somalia on Monday (April 18) murdered a member of a secret Christian community in Lower Shabele region as part of a campaign to rid the country of Christianity, sources said.

An area source told Compass two al Shabaab militants shot 21-year-old Hassan Adawe Adan in Shalambod town after entering his house at 7:30 p.m.

“Two al Shabaab members dragged him out of his house, and after 10 minutes they fired several shots on him,” said an area source who requested anonymity. “He then died immediately.”

The militants then shouted “Allahu Akbar [God is greater]” before fleeing, he said.

Adan, single and living with his Muslim family, was said to have converted to Christianity several months ago. Area Christians said they suspected someone had informed the Islamic militants of his conversion. One source said that a relative who belonged to al Shabaab had told Adan’s mother that he suspected her son was a Christian.

“This incident is making other converts live in extreme fear, as the militants always keep an open eye to anyone professing the Christian faith,” the source said.

Two months ago there was heavy fighting between the rebel al Shabaab militants and forces of the Transitional Federal Government (TFG), in which the TFG managed to recover some areas controlled by the rebels. Al Shabaab insurgents control much of southern and central Somalia.

With estimates of al Shabaab’s size ranging from 3,000 to 7,000, the insurgents seek to impose a strict version of sharia (Islamic law), but the transitional government in Mogadishu fighting to retain control of the country treats Christians little better than the al Shabaab extremists do. While proclaiming himself a moderate, President Sheikh Sharif Sheik Ahmed has embraced a version of sharia that mandates the death penalty for those who leave Islam.

Al Shabaab was among several splinter groups that emerged after Ethiopian forces removed the Islamic Courts Union, a group of sharia courts, from power in Somalia in 2006. Said to have ties with al Qaeda, al Shabaab has been designated a terrorist organization by several western governments.

On Jan. 7, a mother of four was killed for her Christian faith on the outskirts of Mogadishu by al Shabaab militia, according to a relative. The relative, who requested anonymity, said Asha Mberwa, 36, was killed in Warbhigly village when the Islamic extremists cut her throat in front of villagers who came out of their homes as witnesses.

She is survived by her children – ages 12, 8, 6 and 4 – and her husband, who was not home at the time she was apprehended. Her husband and children have fled to an undisclosed location.

Report from Compass Direct News
http://www.compassdirect.org

Muslim Protestors Surround Worshipers in Bekasi, Indonesia


Tensions mount as congregation asserts right to worship.

DUBLIN, August 4 (CDN) — Around 300 Muslim protestors and 300 police officers surrounded members of the Batak Christian Protestant Church (Huria Kristen Batak Protestan or HKBP) on Sunday (Aug. 1) as they worshiped in an open field in Ciketing, Bekasi, local sources said.

“There were many police on guard, but the attackers were able to get very close to the congregation,” Theophilus Bela, president of the Jakarta Christian Communication Forum, said in a statement to international government and advocacy groups. “We are afraid that they will attack the church again next Sunday.”

He added that a protestor hit the Rev. Luspida Simanjuntak on the cheek.

Police held back the shouting protestors while the church worshiped, but at one point they allowed Murhali Barda, leader of the Front Pembela Islam (FPI or Islamic Defenders Front) in Bekasi, through the cordon for an angry confrontation with church leaders, Voice of America (VOA) reported.

Bekasi police commander Imam Sugianto told VOA that his forces were there to protect “both sides.”

The New York Times quoted Sugianto as saying that, “If the local people don’t give their permission, they can’t worship here,” but Pastor Simanjuntak said the Bekasi administration had approved the church’s decision to meet in the field, according to The Jakarta Globe.

“We demand the Bekasi administration to let the public know that they gave us the green light to conduct our prayers here,” Pastor Simanjuntak reportedly said.

The 1,500-strong congregation, established some 15 years ago, initially met in each other’s homes before purchasing a residential property in the Pondok Timur housing complex in Bekasi for use as a worship building. The group then met in the building while they waited for local officials to respond to a building permit application filed in 2006.

When Muslim neighbors in December objected to the meetings in the housing complex on the grounds that the church had no permit, officials banned church members from meeting there. As the local government had delayed the processing of its application for a building permit, the church ignored the ban, leading officials to seal the building on June 20.

Bekasi Mayor Mochtar Mohammad on July 9 said he would allow the congregation to meet in public areas or at the city hall, according to the Globe. Pastor Simanjuntak chose to move to the proposed building site, and Sunday meetings at the field in Ciketing were soon greeted by crowds of protestors.

The FPI’s Barda said the church’s insistence on worshipping at the site was a provocation, according to VOA. He also accused Christians in Bekasi of attempting to convert Muslims away from their religion, citing a recent Internet report claiming that the Mahanaim Foundation, a local Christian charity, had carried out a mass baptism of new converts.

Foundation spokeswoman Marya Irawan, however, told The Jakarta Post that the crowds were not baptized but only invited to Mahanaim leader Henry Sutanto’s home as part of an effort to reach out to the poor.

Pastor Simanjuntak’s church has now filed a case against the Bekasi administration.

“I fully support any efforts to take this to the courts,” a local Christian leader who preferred to remain unnamed told Compass. “We need to respond through legal channels and let the government know that these attacks are a gross human rights violation.”

Hard-line Islamic groups held a congress in Bekasi on June 20, and on June 27 announced their united intent to combat the “Christianization” of the region. (See http://www.compassdirect.org, “Indonesian Muslims Call for Halt to ‘Christianization,’” July 2.)

Bonar Tigor Naipospos, spokesman for Indonesia’s Institute for Peace and Democracy (Setara), told VOA that unsubstantiated rumors about Christians using deceptive practices to convert Muslims have fueled the anger in Bekasi. He reportedly said that Muslims believe that Christians badger people to convert and entice them with money, food or other incentives.

Pastor Simanjuntak has said that she and her church will continue meeting in the field, as they have nowhere else to go.

Report from Compass Direct News

Morocco Continues to Purge Nation of Foreign Christians


New wave of deportations raises concerns for foreigners married to Moroccans.

ISTANBUL, July 1 (CDN) — Moroccan authorities expelled eight more foreign Christians from the country last weekend, bringing the total of deported Christians since March to 128.

Two foreign women married to Moroccan Christians were included in this third wave of deportations since March, raising concerns that local authorities intend to harass the country’s small but growing Protestant community.

“They are all in fear,” a source told Compass, “because this happened to people who are married.”

One of the women, a Lebanese national married to a Moroccan, was diagnosed with cancer last month and is the mother of a 6-year old girl whom she was forced to leave behind.

A Spanish national, Sara Domene, 31, was also deported on Monday (June 28), according to news sources. Domene was working as a language teacher in the Western Sahara, a territory under Moroccan sovereignty.

Authorities called the foreigners to police stations across Morocco on Friday (June 25) and told them they had 48 hours to leave the country on grounds of “threatening public order.”

Other nationals who were forced to leave the country over the weekend came from France, Egypt, Lebanon, Switzerland, Nigeria and Spain.

A source explained that Moroccan authorities are essentially deporting Christians for “proselytism,” which is illegal in Morocco, but in order to justify the deportations they have claimed that the foreigners pose a threat to the state.

In April nearly 7,000 Muslim religious leaders backed the deportations by signing a document describing the work of Christians within Morocco as “moral rape” and “religious terrorism.” The statement from the religious leaders came amid a nationwide mudslinging campaign geared to vilify Christians in Morocco for “proselytism” – widely perceived as bribing people to change their faith.

There are an estimated 1,000 Moroccan Christian converts in the country. They are not recognized by the government. About 99 percent of Morocco’s population of more than 33 million is Muslim.

 

Congressional Hearings

On June 17, the Tom Lantos Human Rights Commission held a U.S. congressional hearing on the ongoing deportations of U.S. citizens and other foreigners from Morocco.

Morocco has expelled about 58 U.S. citizens in the last four months. On Thursday (June 24) authorities informed about 10 U.S. citizens that they had 48 hours to leave the country, but within 24 hours the deportation orders were rescinded.

In a statement after the June 17 hearing, Rep. Frank Wolf (R-Va.), who co-chairs the Lantos commission, said he would lobby for the U.S. government to withhold funds it has pledged to Morocco if he did not see improvements in the treatment of Christians there.

“I will continue to stay with this issue until a resolution has been reached,” he said. “Should this matter remain unresolved, it is possible that I may offer amendments in the Appropriations committee and on the House floor to restrict U.S. foreign aid from going to Morocco.”

In a letter addressed to the Tom Lantos Human Rights Commission on June 17, Ambassador of Morocco to the United States Aziz Mekouar claimed that the deportations “solely and exclusively targeted proselytism activities, which are clearly and categorically forbidden by the laws of Morocco and the precepts of Islam.”

The ambassador said the Moroccan Penal Code imposes fines and prison sentences for those who “use means of seduction in the aim of undermining a Muslim’s faith or of converting him/her to another religion, either by exploiting his weaknesses or needs, or through the use, to this end, of health or educational establishments, as well as shelters or orphanages.”

Moroccan authorities have failed to provide foreign Christians whom they expelled with documented proof or official charges of their alleged proselytism activities. In his letter, the ambassador said the deportations were preferable to the “difficult ordeal” of incarceration and a trial as part of a criminal procedure against the Christians.

Wolf noted that that among those who were deported or denied reentry were businessmen, educators and humanitarian and social workers, “many of whom had resided in Morocco for over a decade in full compliance with the law. Additionally, those deported were forced to leave the country within two hours of being questioned by authorities, leaving everything behind.”

Christian foreigners who were able to obtain official deportation documents have appealed their cases in the Moroccan courts. The hearings for those cases started in May and are continuing.

Report from Compass Direct News

Second Wave of Deportations Hits Foreign Christians in Morocco


Muslim hardliners pressure government; nationals fears they may be next victim of ‘purging.’

ISTANBUL, May 21 (CDN) — In a second wave of deportations from Morocco, officials of the majority-Muslim country have expelled 26 foreign Christians in the last 10 days without due process.

Following the expulsion of more than 40 foreign Christians in March, the deportations were apparently the result of Muslim hardliners pressuring the nation’s royalty to show Islamic solidarity.

The latest deportations bring the number of Christians who have had to leave Morocco to about 105 since early March. Christians and expert observers are calling this a calculated effort to purge the historically moderate country, known for its progressive policies, of all Christian elements – both foreign and national.

“I don’t see the end,” said Salim Sefiane, a Moroccan living abroad. “I see this as a ‘cleansing’ of Christians out of Morocco, and then I see this turning against the Moroccan church, which is already underground, and then persecution of Moroccan Christians, which is already taking place in recent days.”

At least two Moroccan Christians have been beaten in the last 10 days, sources told Compass, and police have brought other Moroccan Christians to police stations daily for psychologically “heavy” interrogations.

Authorities are enquiring about the activities of foreign and local Christians.

Forcibly Ejected

Legal sources said that according to Moroccan law, foreigners who have lived in the country for more than 10 years cannot be deported unless they are accused of a crime. They have the right to appeal the deportation order within 48 hours.

With only hours’ notice and forced escort to the country’s exit ports, almost none of the deportees were able to appeal their deportations.

“Most of these [deportations] are happening over the weekends, when the courts are closed,” Sefiane said. “Most of them are done in a way where they’re bringing them in [to the police station], intimidating them, and manhandling them out of the country. Many of them are not even going back to say goodbye to their wives, or even to pack a bag.”

With the exception of three foreigners, in none of the forced deportations did authorities produce an official deportation order, sources said. In many cases, Moroccan officials used embassies to notify foreigners that they were being deported. In most cases, foreigners were presented with a document in Arabic for them to sign that stated that they “understood” that they were being deported.

Compass learned of one case in which a foreigner was forced to the airport, and when he resisted he was forcibly drugged and sent to his native country.

“The expats in the country are very vulnerable, and the way it has happened has been against the laws of the country,” said a European Christian who was deported last week after nearly a decade of running his business in Morocco. “When I tried to walk away from the situation, I was physically stopped.”

The deported Christian said that authorities never informed any of the Christian foreigners of their rights, when in fact there are national laws protecting foreigners. 

“Basically they are trying to con everyone into leaving the country,” he said.

Deported foreigners have had to leave their families behind in Morocco, as well as their friends and communities. Many of the deportees were the male breadwinners of the family and have left their families behind as they try to decide their future.

“It’s devastating, because we have invested years of our lives into our community, business community and charity sectors,” said the European Christian. “People flooded to our house when they heard I was bundled into the back of a police car by the local authorities. It was like a death in the family – forcibly ejected from the country without being able to say goodbyes, just like that.”

The deportees have included Christians from North America, Latin America, Europe, Africa, New Zealand and Korea.

“It’s come out of left field,” said the European. “No one really knows why this is happening.”

Internal Pressure

A regional legal expert said on condition of anonymity that a small number of extremist Muslims have undertaken a media campaign to “get [Christians’] good works out of the public eye and demonize Christians,” in order to expel them and turn the nation against local Christians – some of whom are third-generation followers of Jesus.

“There are too many eyes and ears to what they want to do to the native Christians,” said the expert. “They’re trying to get to them …They want to shut down the native Moroccan Christians.”

Deportation orders are coming from the Ministry of Interior, and speculation on the reason for the sudden spike in expulsions has centered on the arrival of a new, hard-line Muslim interior director in January.

Moroccan officials have cited “proselytism” as the reason for the deportations. Reuters news agency reported Religious Endowments and Islamic Affairs Minister Ahmed Toufiq as saying “proselytism” and “activism of some foreigners” had “undermined public order.”

On April 12 local media reported that 7,000 religious Muslim leaders signed a document describing the work of Christians within Morocco as “moral rape” and “religious terrorism.” The statement from the religious leaders came amid a nationwide mudslinging campaign geared to vilify Christians in Morocco for “proselytism” – widely perceived as bribing people to change their faith.

Religious rights advocates point out that under Article 18 of the United Nations Universal Declaration of Human Rights, the more than 100 foreigners who had lived in Morocco, some for decades, not only had the right to stay in the country but had contributed to the nation. 

“They expelled people who helped build up the country, trained people, educated Moroccan children, cared for orphans and widows, increased the GDP and trade,” said the regional legal expert. “These people they expelled weren’t even proselytizing under their own law. There’s an international standard, yet they changed the definition of the terminology and turned it into this horrible ‘religious terrorism.’”

One of the country’s most prestigious educational institutions, George Washington Academy in Casablanca, has come under fierce criticism from media and investigation by authorities.

“The biggest problem is the image the Ministry of Justice is pushing about who the Christian foreigners are,” said another observer on condition of anonymity. “All the articles have been extreme exaggerations of the manipulative aspect of what foreigners were doing, and especially when it comes to minors.”

Local Christians have reported to sources outside of Morocco that attitudes towards them, which used to be more tolerant, have also shifted as a result of the extremist-led campaign, and some are experiencing family and societal pressure and discrimination as well.

International Forces

While the deportations have perplexed the local Christian community, the regional legal expert said that in some ways this was calculated and inevitable.

He said that the Organization of the Islamic Conference had been putting pressure on countries across the Middle East and North Africa to remove their Christian elements. Iraq, with its decline in Christian population from a few million to a few hundred thousand over the last decade, is a case in point.

“Countries which have been more forward looking and spoken about rights, freedoms and equalities have been pressured to demonstrate their Muslim credentials, and the best way to do this is to sanitize [religious] minorities from the borders,” he said.

Congressman Frank Wolf (R-Va.), co-chairman of the Tom Lantos Human Rights Commission, has called congressional hearings on June 17 to examine the human rights situation in Morocco in light of the expulsions. On Wednesday (May 19) Wolf called on the U.S. government to suspend $697.5 million in aid it has pledged to Morocco based on criteria that it is “ruling justly.”

“We’ve been told the Christians are a threat to the national security, so they are using terrorism laws against peace-loving Christians,” said the deported European Christian. “But it is massively backfiring.”

The Christian described how the Moroccan friends of Christian foreigners have been asking why they are being deported for their faith.

“They are being impacted by the reality of Christ through this, and it’s having more of an effect on the community than years and years of quietly demonstrating Christ peacefully and lawfully,” he said. “By breaking their own laws, they have opened the lid on the reality of the life of Christ.”

There are an estimated 1,000 Moroccan Christian converts. They are not recognized by the government. About 99 percent of Morocco’s population of more than 33 million is Muslim.

Report from Compass Direct News 

Egyptian Convert from Islam Devastated by ‘Delay Tactic’


Court suspends Mohammed Hegazy’s lawsuit pending outcome of separate case.

CAIRO, Egypt, May 17 (CDN) — An Egyptian convert to Christianity said he is devastated by a recent court decision to suspend a lawsuit he filed to change the religion on his identification card from Muslim to Christian.

The First District of the Court of the State Council on April 27 suspended Mohammed Ahmed Hegazy’s case until the Constitutional Court rules on a challenge to Article 47, a section of the civil code that in theory allows Egyptians to change the religion listed on their ID card.

Hegazy, 27, said the suspension endangers his children’s welfare and will force them to lead a double life indefinitely – at home they will be taught to live in accordance with the Bible, and outside it they will be taught to live according to the Quran.

If they ultimately decide to follow Jesus, Hegazy said, his children will be declared “apostates” and be persecuted the rest of their lives for “leaving Islam.” Hegazy, who has suffered severely after Egypt’s religious authorities declared him an apostate, including being imprisoned by State Security Investigations (SSI) several times, said he filed the case so his children would avoid the same fate.

“I didn’t want them to have to go through the same harassment and persecution that I went through,” he said. “My daughter won’t be able to go to school without constantly fearing for her safety. She might even be killed simply because she is my daughter.”

Hegazy is arguably the most well-known Muslim convert to Christianity in Egypt. He rose to national prominence in August 2007 when he became the first Muslim convert in Egypt to sue for the right to change the religious status on his identification card to “Christian.”

Hegazy said he became a Christian in 1998 after seeking God during a period of intense study of religion. In his final assessment, he said, he found that Islam was void of the love and forgiveness found in Christianity.

Not long after his conversion, Hegazy said, he was arrested by SSI agents who tortured him for three days. In 2001, the SSI arrested Hegazy for writing a book of poems critical of the agency, which has been accused of abusive practices to preserve the regime. In 2002, the SSI arrested Hegazy and held him for more than two months in a prison he compared to a “concentration camp.”

In addition to the government response to his conversion, Hegazy said his mother and father have attacked him repeatedly for becoming a Christian.

“In the culture in Egypt, for a person to change his religion, it’s a big deal because it’s a question of honor and tradition,” Hegazy said. “My dad and my mom took it in a really bad way and would beat me.”

Hegazy married another convert from Islam, Katarina, in 2005. Katarina also wants her ID changed but fears government reaction; there are numerous reports circulating among Egyptian Christians about female converts being arrested and tortured by the SSI or simply disappearing in Egypt’s prison system under Egypt’s Emergency Law. Renewed last week for another two years, the law grants the government broad powers of arbitrary incarceration that human rights groups have roundly criticized.

Delay Tactic

When Hegazy filed his suit in 2007, he and his wife were expecting their first child. Overnight, Egyptian media propelled him into the national limelight. And the persecution got much worse.

Two religious scholars from Al-Azhar University, one of the leading voices of Islamic thought in the Middle East, publicly declared it was legal to kill Muslims that convert to Christianity. In one incident, extremists surrounded a home where Hegazy had once lived and stayed there for several days. In another incident, a group of men ransacked and set fire to Hegazy’s apartment while he was away.

Throughout his legal proceedings, several of Hegazy’s attorney’s have dropped out of the case after receiving death threats, being sued or being arrested. On Jan. 28, 2009, a court ruled that Muslims were forbidden to convert to another religion and ordered Hegazy to pay the costs of hearing his case. He appealed.

Hegazy lives in hiding. Unable to work, the former journalist is supported by friends and other Christians. Last month’s ruling will likely delay a decision in Hegazy’s case for several years and keep him and his family in limbo.

“The court is using this decision as a way of delaying having to make an ultimate decision,” Hegazy said.

The couple’s first child, Mariam, is now 2 years old, and their second child, Yousef, is 3 months old. Because Hegazy and his wife are unable to change their ID to reflect their true faith, the government lists both of their children as Muslims. If they choose to become Christians, they will be considered apostates who, in accordance with longstanding interpretation of the guiding scriptures of Islam, must be killed by faithful Muslims.

“It makes me feel like religion in Egypt isn’t something you can choose by your own free will; it’s something that you are forced to be, and nobody has a choice to choose what their religion is,” Hegazy said. “It bothers me a lot because my kids know they are being brought up as Christians in their home and their parents are Christians, but they can’t practice their religion outside the house.”

Inconsistent Rules

Every Egyptian citizen age 16 or older must carry a state-issued ID card that is required for opening a bank account, enrolling children in school and for starting a business, among other activities. Religious identity also determines to which civil or family court one is subject.

Of primary importance to Hegazy is that the religion indicated on the ID card determines what religious education classes a child is required to take in school.

There is a stark contrast in Egypt between the treatment of Christians who want to change the religious affiliation on their ID card to Islam and Muslims who want to change their affiliation to Christianity. Generally speaking, because Muslims consider the preaching of Muhammad to be the last of three revelations from God to man, in practice “freedom of religion” in Egypt means only the freedom to convert to Islam.

Article 47 of Egypt’s constitution guarantees freedom of religion, but the constitution also states that Islam is the official religion of Egypt. Article 2 of the constitution states that Islamic law, or sharia, is “the principle source of legislation” in Egypt.

The difference between the treatment of converts to Christianity and converts to Islam is illustrated in the case of Samy Aziz Fahmy. The week before the court postponed Hegazy’s case, Fahmy, a Coptic Christian from Saayda village, changed his legal status to Islam. He received his ID card reflecting his new religion on the same day he applied for it – on the day he turned 18, the legal age for conversion.

“I think it’s very weird and not fair that when Christians want to convert to Islam there’s no problem, their papers go through and there’s no discrimination against them,” Hegazy said. “But when Muslims want to convert to Christianity, all of the sudden it’s a big deal.”

Hegazy is not alone in his legal battles. After he filed his case, other Muslim converts sought court action to change their IDs. Like Hegazy, most are in hiding of some sort. Hegazy’s lead attorney, Ashraf Edward, said he is working on several ID cases. He estimates there are more than 4 million converts to Christianity who want to change the religion listed on their ID, though the basis for that figure is unclear.

“There are a lot of people who want to change their ID, but they’re afraid of turning it into a court case because they don’t want to be persecuted,” Edward said.

International Condemnation

Human rights groups and government agencies around the world have condemned Egypt for its record on religious freedom. In a report issued earlier this month, the United States Commission on International Religious Freedom outlined Egypt’s problems with identification cards and the treatment of converts from Islam, taking note of Hegazy’s case.

“The Egyptian government generally does not recognize conversions of Muslims to other religions,” the report states. “Egyptian courts also have refused to allow Muslims who convert to Christianity to change their identity cards to reflect their conversions. In the first such case, brought by Muhammad Hegazy, a lower court ruled in January 2008 that Muslims are forbidden from converting away from Islam based on principles of Islamic law. The court also stated that such conversion would constitute a disparagement of the official state religion and an enticement for other Muslims to convert. Hegazy, who has been subjected to death threats and is currently in hiding, has appealed the ruling.”

The report cited numerous other problem areas in regard to freedom of worship in Egypt, and the country remained on USCIRF’s Watch List for 2010. Egypt has been on the list since 2002. Among the changes USCIRF said are necessary in Egypt is how religion is reported on Egypt’s national ID card.

The commission said Egypt must “ensure that every Egyptian is protected against discrimination in social, labor, and other rights by modifying the national identity card, either to omit mention of religious affiliation or make optional any mention of religious affiliation.”

Report from Compass Direct News 

Young Christian Woman Allegedly Abducted in Pakistan


Muslims said to employ various ruses; forced conversion, marriage feared.

LAHORE, Pakistan, April 13 (CDN) — A Muslim tricked a 19-year-old Christian woman into leaving her house here on April 1, and he and a car full of friends took her away, according to her family.

Sonia Mohan’s family said they fear the Muslim, Ali Raza, will force her to convert to Islam and marry him. Raza came to their home in Lahore’s Nishtar Colony claiming that her brother, Johnson Parvaiz, wanted to see her outside, Parvaiz said.

“Sonia would not have gone with them if he hadn’t told her that I wanted to see her,” Parvaiz said. “Ali Raza came to our home and told Sonia that I had asked for her, and she went out of the house with him. They had parked a vehicle outside and left, and afterwards we never heard from her.”

He said his sister’s cell phone remained off for two days. When it began to ring again they called repeatedly, and finally a man answered the phone and then handed it to Mohan. Parvaiz said she told him not to call her, that she was very happy and that they should not try to find her.

“It was obvious from her voice that she had been forced to say that,” Parvaiz said. “I fear that she will first be converted to Islam, and then married, and then it will become impossible for us to see her again.”

Initially police were unwilling to register the family’s complaint, he said. Only after the family enlisted the help of the All Pakistan Minorities Alliance (APMA) did police begin searching for Raza and Mohan.

Parvaiz added that Raza and his friends had previously told her to convert to Islam, saying that because she was beautiful she did not deserve to live as a lowly Christian. Raza and Mohan had no prior contact except that Raza had harassed his sister that one time, he said; her family complained to his parents, who live in the area.

Parvaiz added that Raza worked in a factory called Combined Fabrics, where he had a reputation of harassing Christian women. Since the alleged abduction he has been missing from work.

Nishtar Colony Station House Officer Munawar Doggar told Compass that it did not appear that Mohan, who along with the rest of her family belongs to the American Reformed Presbyterian Church, went with Raza willingly. He said he had delayed registering a case on behalf of Mohan’s family only because Raza’s family had filed a complaint that Raza himself had been abducted.

After speaking with Compass, however, Doggar said he would file a First Information Report imminently.

“I want to fully investigate the matter so that no injustice is done to any party,” he said. “But the family of the girl should now come to the police station and surely their FIR will be registered.”

On the day of the kidnapping, Raza’s uncle, Zaffar Jamil, filed a complaint that Raza himself had been abducted as a smokescreen to delay police in pursuing the abduction of Mohan, Parvaiz said.

“In this way, the police would reject my police complaint, saying, ‘Raza was abducted, so how could he abduct Sonia?’” Parvaiz said.

In his uncle Jamil’s complaint to police, Jamil had said that two men identified only as Fahad and Almas – friends of Raza present in the waiting car when Raza allegedly kidnapped Mohan – were the ones who likely abducted Raza.

Compass has obtained a copy of Jamil’s complaint. He crafted it in such a way that he can withdraw it at any point, and he says he had only a suspicion about the abduction of Raza and the identity of the supposed culprits. Otherwise police would quickly determine that Fahad and Almas had not abducted Raza, and the tactic to delay justice would be short-lived, Parvaiz said.

APMA Chief Organizer in Punjab Province Khalid Gill told Compass that previously Fahad had employed duplicitous tactics to marry a Christian woman in Youhanabad, Lahore, and that for that reason Raza had sought Fahad’s help in tricking Mohan into going with him.

Gill said that in such kidnapping cases, police often delay investigations until after abducted women get pregnant, after which legally it is nearly impossible for courts to return them to their families.

“That is the reason that APMA has been asking for revision of the family laws, and that in such cases where such tactics have been used, the marriage should be declared void so that the girl returns to the family and starts living her life from where it was interrupted,” Gill said.

Jamil and Raza’s brother, Nasir Dilawar, and Dilawar’s wife Majidan, along with Raza’s brother Muhammad Asif, have assured Mohan’s family that she will be returned soon, but that promise also was only at attempt to forestall legal action, Parvaiz said.

He added that the fact that Raza and his accomplices felt it necessary to employ the ruses to delay police investigations was further evidence that Mohan and Raza had no prior relationship.

The family fears that the longer her return is delayed, the more likely that she will become pregnant or get intimidated into giving a statement in court that she went willingly due to her captors’ threats that her father or brothers will be killed if she refuses, Parvaiz said.

Report from Compass Direct News 

Recent Incidents of Persecution


Punjab, India, March 1 (CDN) — Hindu extremists from the Bajrang Dal and Shiv Sena on Feb. 20 beat Christians and vandalized two churches in Batala after a protest against an objectionable picture of Christ. Christians had noticed the picture posted as part of a composite poster for an upcoming Hindu festival, Ram Naumi. The poster contained pictures of other religious deities as they normally appear, while Jesus was portrayed with a cigarette and a beer, reported the Evangelical Fellowship of India. In response to the Christian protest, the Hindu extremists went on a rampage, beating the pastor of the Church of North India and a Salvation Army officer and burning and looting the two churches. With church leaders’ pressure, police registered a case against Hindu extremists Pratap Singh and Raj Kumar, who were said to have put up the picture of Jesus, for a “malicious act intended to outrage religious feelings of others” and “punishment of criminal conspiracy.”

Orissa – Police on Feb. 20 arrested the Rev. Anant Prasad Samantray after Hindu extremists filed a complaint against him of making derogatory remarks against Hinduism in Bhabanipatna, Kalahandi district. Having obtained written permission from local police, Samantray, a former Hindu priest, spoke at a revival meeting of his journey to becoming a Christian pastor, remarking that “Jesus is the only way, the truth and the life,” a local source told Compass. After hearing his speech, some Hindu hardliners dragged him to a police station and filed a complaint against him of speaking ill against Hinduism. Officers arrested the Christian for “malicious acts to outrage religious feelings of others” and “uttering words to wounds religious feelings.”

Karnataka – Hindu extremists from the Bajrang Dal and the Rashtriya Swayamsevak Sangh on Feb. 15 attacked Christians in Gokalam, Mysore. A source told Compass that Hindu extremists attacked church members of Shekinah Assembly of God Church because of their faith. Running from one house to another, the extremists beat the Christians in their homes, took Bibles and Christian literature and burned them. A Christian identified only as Shivmurthy sustained serious head injuries, lost four teeth and underwent an operation on his right ear. Jaylaxmi Puram police refused to register a complaint filed by the Christians, who left the area out of fear of further attacks; at press time 22 families had taken refuge among Christians in a neighboring area. 

Karnataka – Hindu extremists on Feb. 14 stopped the inaugural service of Native Village Vision Church’s new building and accused Christians of forceful conversion in Mysore. The Global Council of Indian Christians (GCIC) reported that at about 5 p.m. a mob of intolerant Hindu radicals barged into the inaugural service of the new church building, verbally abused the Christians and accused them of forceful conversion. The extremists filed a complaint against the Christians of forceful conversion at the Beechanahalli police station. Officers told the Christians to cease future worship, though GCIC reported that Pastor N.S. Suresh had obtained permission from the village head to construct a church building and had produced required legal documents. Nevertheless, revenue officials locked up the church building on Feb. 15. At press time area Christian leaders were meeting with authorities to resolve the matter. 

Karnataka – Hindu extremists from the Rakshana Vedike, affiliated with the Rashtriya Swayamsevak Sangh, on Feb. 8 attacked a pastor identified only as Timothy G. and two Bible students in Bangalore. An Evangelical Fellowship of India representative reported that the extremists attacked the Christians, who belong to Lord Living Hope Church, as they made their way home after visiting a sick Christian in the area. The extremists verbally insulted them and manhandled them, shoving them and threatening to do more harm if they continued Christian activity in the area. The Christians reported the matter to the police and continued to conduct worship meetings in the area. 

Orissa – Hindu extremists on Feb. 7 attempted to rape a refugee at Mondakai Camp and threatened to harm Christians there if they filed a police complaint against them in Phulbani, Raikia P.S. area. A Christian Legal Association (CLA) representative reported that one unidentified man from the Hindu extremist community followed Afasari Nayak, who had fled her home during 2008 anti-Christian violence, as she went to take bath in a river near the camp after work. Nayak shouted for help as the man started attacking her, and people rushed to rescue her. At about 7 p.m. the suspect along with four other extremists went to the camp and threatened to hurt the Christians if they filed a complaint, saying also that the refugee Christians should not return to the village unless they convert to Hinduism, the CLA source said. 

Orissa – Police arrested 11 Christians after Hindu extremists filed a complaint against them of assault on Feb. 3 in Badimunda, Kandhamal. The Evangelical Fellowship of India (EFI) reported that Hindu extremists verbally abused two Christians and threatened harm unless they stopped worshipping Jesus; when the two Christians asserted their right to worship Christ, the extremists began beating them. People of both faiths amassed, and the two Christians managed to escape further attack. At about 7:30 p.m. the next day, five extremists showed up at the same place searching for the two Christians. Forcefully entering the house of Dibyakand Nayak, a Christian, one of the extremists hurt his own forehead, according to EFI. Upon seeing this, the extremists started beating Nayak. They damaged household goods and dragged him to the police station. Police arrested 11 Christians for allegedly causing hurt, causing hurt by dangerous weapons and obscene acts and songs. All except Nayak were released on bail.

Orissa – Two Fast-Track Courts on Jan. 30 convicted 15 people and acquitted 39 others in cases related to anti-Christian violence in August 2008. Judge Sobhan Kumar Das sentenced 13 people to five years imprisonment and fined them 2,500 rupees (US$54) each for torching houses in the Sarangarh area, Kandhamal district, between August 2008 and October 2008. The court, however, acquitted 17 people for “lack of evidence” in the same case. In a separate case related to arson at Ranjabadi village of Kandhamal district, the court sentenced two persons to five years of prison and imposed a fine of 2,000 rupees (US$43) on each of them. Judge C.R. Das of Fast-Track Court II acquitted four people who were accused of violence in Baliguda block, while 18 people were acquitted in another case of arson that took place in Phiringia block, Kandhamal. The district was rocked by anti-Christian violence that lasted more than three months after the Aug. 23, 2008 death of Swami Laxmanananda Saraswati, who was assassinated allegedly by Maoists.

Andhra Pradesh – About 50 Hindu extremists on Jan. 29 accused a pastor of forceful conversion and forced him to eat food offered to Hindu idols in Secunderabad. The All India Christian Council reported that the extremists stopped Pastor Satyam Yellasiri of Good Shepherd Community Church at about 9:30 p.m. as he was returning from a birthday celebration and accused him of forceful conversion. The extremists forced him to eat the food offered to Hindu idols and threatened to beat him when he refused. Police, alerted by the extremists, arrived and took the pastor to the police station, where they detained him for two hours. Officers initially refused to register his complaint against his assailants. The next day, though, with area Christian leaders intervening, police accepted the complaint. Officers claimed they detained the pastor as a safety measure and assured the Christians that immediate action would be taken against the attackers. 

Karnataka – On Jan. 24 in Bidarikere, Chitradurga, Hindu extremists from the Rashtriya Swayamsavak Sangh broke into the worship meeting of Indian Evangelical Mission and assaulted a Christian worker. The Evangelical Fellowship of India (EFI) reported that at about 10:30 a.m. the extremists barged into the meeting shouting slogans and started beating H. Raju, who was leading the meeting, and accused him of forceful conversion. They also burned Bibles and Christian literature and dragged him out to the streets, forcing him to identify Christians’ homes in the area, according to EFI. Entering three Christian houses, the Hindu hardliners threatened to harm Christians if they did not stop worshipping Jesus. Local Christian leaders on Jan. 27 filed a police complaint with Jagalur police, and the next day police arrested three extremists. 

Karnataka – Hindu extremists accompanied by local police stopped the worship service of Calvary Gospel Church (CGC) on Jan. 24 in Dudda, Hassan. Two local police stopped the Sunday worship in the rented house of Sekhar Chandra and his wife, Kala Chandra, and chased the Christian worshippers out of the house. Hindu extremists had filed a complaint against the couple, whose rented home was being used for the worship service. After the Jan. 24 disruption, Hindu extremists announced to all villagers they were not to allow any house be used for Christian worship. Subsequently, the landlord along with an agitated mob threw the couple out of their rented house, along with their household goods. The Christian workers are now renting the house of another Christian in the same area and are continuing their ministry. 

Madhya Pradesh – Hindu extremists from the Bajrang Dal accompanied by Madhya Pradesh police stopped the worship meeting of Central India Christian Mission’s (CICM) Shahdol Christian church on Jan. 23 and forced church members to falsely testify against Pastor S.K. Ashawan in Shahdol. A source reported that the extremists barged into the prayer meeting attended by about 35 Christians, verbally abused them and dragged them to Shahdol police station. Amassing at the police station, the angry extremists beat, punched and kicked the Christians, forcing them to testify falsely against the pastor by saying he offered each of them 5,000 rupees (US$108) to convert them to Christianity and also forced them to eat beef. Under pressure, the Christians gave a written statement with these accusations. Police summoned the pastor, detaining and questioning him for two hours. The town inspector told Pastor Ashawan that 35 Christians had testified against him, and he threatened to beat and arrest the pastor if he did not give him 100,000 rupees (US$2,168). “It was midnight, and I was under pressure with the police threatening to beat and put me in jail if I did not submit the money,” Pastor Ashawan told Compass. The pastor started calling area Christians for help. That night, a source said, 100,000 rupees arrived into the inspector’s hands. Ajay Lal, Director of the CICM, took the matter to administrative authorities, but state Chief Minister Shivraj C. Chauhan advised the area district collector to close the case immediately. Christian leaders planned take the matter to a higher court.

Andhra Pradesh – Hindu extremists on Jan. 10 stormed a house church, disrupting worship and beating a pastor in Jillelguda L.B. Nagar, Hyderabad. The Global Council of Indian Christians (GCIC) reported that at 9 a.m. nearly 50 area extremists belonging to the Rashtriya Swayamsevak Sangh barged into Heavens Glory Church, shouting Hindu devotional chants. Repeatedly slapping Pastor Benhur Johnson, they falsely accused him of forcible conversion and warned him against conducting Christian services in the area. The extremists also beat some who came forward to help the pastor. A GCIC regional coordinator told Compass that Christians telephoned police, who rushed to the church and stopped the attack. Pastor Johnson along with other Christians went to police to register a complaint, but an official mediated an agreement between them and the extremists. The pastor told Compass that no worship was held on Jan. 17 or 24 out of fear of another attack.

Report from Compass Direct News 

Push for Islamic Courts in Kenya Alarms Christians


Emergence of Somali-related Islamic extremists puts authorities on high alert.

NAIROBI, Kenya, February 11 (CDN) — A constitutional battle to expand the scope of Islamic courts in Kenya threatens to ignite religious tensions at a time when authorities are on high alert against Muslim extremists with ties to Somalia.

Constitutional provisions for Islamic or Kadhis’ courts have existed in Kenya since 1963, with the courts serving the country’s coastal Muslim population in matters of personal status, marriage, divorce, or inheritance. Kenya’s secular High Court has jurisdiction over civil and criminal matters, and even a decision in the Islamic courts can be appealed at the High Court.

The Islamic courts have functioned only in Kenya’s Coast Province, but in a hotly debated draft constitution, their jurisdiction would expand across the nation and their scope would increase. The proposed constitution has gathered enough momentum that 23 leaders of churches and Christian organizations released a statement on Feb. 1 asserting their opposition to any inclusion of such religious courts.

“It is clear that the Muslim community is basically carving for itself an Islamic state within a state,” the Kenyan church leaders stated. “This is a state with its own sharia [Islamic law]- compliant banking system; its own sharia-compliant insurance; its own Halaal [lawful in Islam] bureau of standards; and it is now pressing for its own judicial system.”

Muslim leaders are striving to expand the scope of Islamic courts to include civil and small claims cases. They also want to upgrade the Muslim tribunals to High Court status. These demands have alarmed Christians, who make up 80 percent of the population and defeated a similar proposal in a 2005 referendum. Muslims make up 10 percent of Kenya’s 39 million people, 9 percent of the population follows indigenous religions and less than 1 percent are Hindu, Sikh and Baha’i.

The National Council of Churches of Kenya (NCCK) said the Committee of Experts (CoE) responsible for “harmonizing” drafts from various stakeholders ignored their concerns. The committee was responsible for determining what matters would be unduly “contentious” and was charged with keeping them out of the draft.

“We wrote to them, but we have been ignored,” said the Rev. Canon Peter Karanja, NCCK general secretary. “Who told the CoE that Kadhis’ courts were not contentious?”

Saying the committee ignored the crucial requirement of omitting what is “contentious,” Karanja said it did little to build consensus. He said that unless the Islamic courts are stricken from the constitution, Christians might be forced to reject the document in a national referendum later this year.

Muslim leaders, just as stridently, insist that recognition of the Islamic courts does not elevate Islam over other religions, and that if the courts are removed they will shoot down the draft in the referendum.

The 2005 referendum split the country and was followed by a bitterly disputed presidential election in 2007 that sparked rioting, reportedly leaving 1,300 people dead. The election dispute was resolved with one candidate becoming president and the other prime minister, and at the heart of the proposed constitution is an attempt to transfer presidential powers to the prime minister.

Christian leaders point out that the “Harmonized Draft” of the constitution discriminates against non-Muslims and contradicts its own Article 10 (1-3), which states that there shall be no state religion, that the state shall treat all religions equally and that state and religion shall be separate. They see the attempt to expand the scope of the Islamic courts as part of a long-term effort by Muslims to gain political, economic and judicial power.

Muslim leaders claim that inclusion of the Islamic courts in the new constitution would recognize “a basic religious right” for a minority group. Some Muslim extremists have said that if Islamic courts are removed from the draft constitution, they will demand their own state and introduce sharia.

Extremists Emerge

The constitutional issue erupted as security officials went on high alert when sympathizers of the Islamic terrorist al Shabaab militia appeared in a protest in mid-January to demand the release of radical Muslim cleric Abdullah Al-Faisal, who had entered the country on Dec. 31.

Al-Faisal, imprisoned from 2004 to 2008 after a British court convicted him of soliciting murder and inciting hatred, is on a global terrorism list. Government spokesman Alfred Mutua said Al-Faisal has been known to recruit suicide bombers and was arrested for violating terms of his tourist visa by preaching. He was reportedly deported to his native Jamaica on Jan. 21.

Eyewitnesses to the protests in Nairobi told Compass one demonstrator clad in fatigues, with his face masked by a balaclava, waved the black flag of the al-Qaeda-linked al Shabaab militia and passed his finger across his throat in a slitting gesture, taunting passersby.

Officials from the Council of Imams and Preachers of Kenya and from Muslims for Human Rights defended the demonstrations as legitimate to condemn violation of Al-Faisal’s rights. At least one person died as the protests turned violent, and Internal Security Minister George Saitoti said five civilians and six police officers were injured, with one security officer wounded from a bullet said to be shot by a demonstrator.

Al Shabaab-affiliated operatives appear to have targeted Christians in Kenya, according to an Internet threat in December by a group claiming to align itself with the Islamic extremist militia seeking to topple Somalia’s Transitional Federal Government. In an e-mail message with “Fatwa for you Infidels” in the subject line to Christian and governmental leaders in Kenya, a group calling itself the Harakatul-Al-Shabaab-al Mujahidin threatened to kill Muslim converts to Christianity and those who help them.

“We are proud to be an Islamic revolutionary group, and we are honored to be affiliated with Al Qaeda, a group of honest Muslims in which we share long-term goals and the broad outlines of our ideologies, while focusing on our efforts on attacking secular and moderate governments in the Muslim world, America and Western targets of opportunity and of course Uganda, Ethiopia, Burundi and Kenya if they do not stop their assistance to the Somali fragile and apostate government,” the group wrote in the e-mail. “Although we receive support for some of our operations, we function independently and generally depend on ourselves…”

The group threatened to shake the Kenyan government “in minutes,” calling it the “the most fragile target in the world.”

The emergence of al Shabaab and its sympathizers in Kenya coincides with the swelling of the Somali population in the country to 2.4 million, according to the August 2009 census.

Report from Compass Direct News