Judge throws out case against men arrested during Islamic fasting period.
ISTANBUL, October 5 (CDN) — An Algerian court today acquitted two Christian men of eating during Ramadan in spite of a prosecutor’s demand that they be punished for “insulting Islam.”
Authorities on Aug. 12 arrested Salem Fellak and Hocine Hocini for eating lunch on a private construction site where they were working. Ramadan, Islam’s month of fasting during daylight hours, started this year on Aug. 11.
The incident took place in Ain El-Hammam, a town in the province of Tizi Ouzou about 150 kilometers (93 miles) east of the Algerian capital. Tizi Ouzou is part of Kabylie, an area of Algeria where the country’s Protestant church has grown with relative freedom in recent years.
Officers at a nearby police station saw the two men eating and confronted them for not fasting. When police realized the two men were Christians, they accused them of insulting Islam, according to local French-language press reports.
“I do not apologize for anything, and I regret nothing,” Fellak said before the verdict, according to Dernieres Nouvelles d’Algerie. “I have the right to not fast. I am a Christian, and until found guilty, the Algerian constitution guarantees respect for individual freedoms.”
The Algerian Constitution gives the right to all citizens to practice their faith, although it declares Islam the state religion and prohibits institutions from behavior incompatible with Islamic morality. Proposing other faiths to Muslims is also forbidden.
After police arrested Hocini and Fellak, authorities interrogated them for two hours and “admonished” them, according to a French-language news site. Authorities took them to court, where a state prosecutor questioned them. When the men explained to her that they were Christians, she said that Algeria was a Muslim country with no room for Christians and that they should leave the country, according to a local news site.
Today the judge at the court in Ain El Hamman, however, dismissed the case since “no article [of law] provided for a legal pursuit” against the two Christians, according to the BBC.
A small group of Christians standing on the steps of the courthouse reportedly shouted “Hallelujah!” when they heard the outcome of the case. After the verdict, Fellak said he was happy and that he had done nothing wrong, according to Reuters.
Local media also reported cases of Muslim Algerians arrested for eating during Ramadan.
Worshipping without Permit
The charges against the two Christians and a case of four Christians on trial for worshipping without a permit in Tizi Ouzou Province have some wondering what has caused authorities to turn their attention to this small community.
This Sunday (Oct. 10), the four men will appear in court for holding Christian meetings at a residence without permission. One of the men, Mahmoud Yahou, has told a local newspaper, “This story concerns all Christians in our country. We are a community intimidated around the country.”
Yahou cited other recent cases of persecution, including that of Habiba Kouider, who in 2008 was tried for practicing Christianity “without a license.” Her case is still pending. Another Christian, Rachid Muhammad Essaghir, has three court cases against him, all in appeals process since 2008.
In most cases, Christians have been charged under a presidential decree from February 2006 that restricts religious worship to government approved buildings. The decree, known as Ordinance 06-03, also outlaws any attempt to convert Muslims to another faith.
“This law of 2006 is contradictory to the constitution,” said a regional researcher who requested anonymity. “It creates a gray zone in which the government and police have room to act against the church. This law gives permission to the government to condemn believers for their faith or illegal worship even if the constitution guarantees religious freedom.”
Also in Tizi Ouzou city, church leaders who were expanding their building to fit their growing congregation received a letter in August from the governor of the province ordering them to stop all construction and demolish the extension.
Algerian Christians and observers say that the two court cases, along with the order to the Tizi Ouzou church to cease expansion of their building, are unusual because they happened in such a short span of time and because the region is regarded as more tolerant of Christianity.
“Perhaps a new wave of persecution is coming,” said the regional researcher. “It’s difficult to know, but in a few weeks we encountered a few problems.”
An Algerian church leader told Compass the government is finding more subtle ways to pressure Christians.
“I think they don’t want to do anything openly,” said the leader, who requested anonymity. “So they are using opportunities they can find, like not giving authorization to build the church in Tizi Ouzou, [and the men] not fasting during Ramadan.”
Report from Compass Direct News
Government-perpetrated violence against a Catholic village in Vietnam has highlighted a series of human rights abuses in the communist nation, and three U.S. congressmen are calling on the United Nations to intervene, reports Baptist Press.
"A few months ago during a religious funeral procession, Vietnamese authorities and riot police disrupted that sad and solemn occasion, shooting tear gas and rubber bullets into the crowd, beating mourners with batons and electric rods," Rep. Chris Smith, R.-N.J., said at a hearing of the Tom Lantos Human Rights Commission in August.
"More than 100 were injured, dozens were arrested and several remain in custody and have reportedly been severely beaten and tortured. At least two innocent people have been murdered by the Vietnamese police," Smith said.
The Con Dau tragedy, Smith said, "is unfortunately not an isolated incident." Property disputes between the government and the Catholic church continue to lead to harassment, property destruction and violence, Smith said, referring to a report by the U.S. Commission on International Religious Freedom.
"In recent years, the Vietnamese government has stepped up its persecution of Catholic believers, bulldozing churches, dismantling crucifixes and wreaking havoc on peaceful prayer vigils," Smith said.
Persecution is not limited to Catholics, though, as Smith had a list of nearly 300 Montagnard political and religious prisoners. In January, the Vietnamese government sentenced two Montagnard Christians to 9 and 12 years imprisonment for organizing a house church, and others have been arrested in connection with house churches, Smith said.
"The arrests were accompanied by beatings and torture by electroshock devices," the congressman said. "We must not forget the sufferings of Khmer Krom Buddhists, Cao Dai, Hoa Hao, the Unified Buddhist Church of Vietnam and others. The said reality is that the Vietnamese government persecutes any religious group that does not submit to government control."
The violence in the 80-year-old Catholic village of Con Dau in central Vietnam reportedly stemmed from a government directive for residents to abandon the village to make way for the construction of a resort.
International Christian Concern, a Washington-based watchdog group, reported that when Con Dau residents refused to leave, water irrigation was shut off to their rice fields, stopping the main source of income and food.
In May, police attacked the funeral procession, beating more than 60 people, including a pregnant woman who was struck in the stomach until she had a miscarriage, ICC said.
One of the funeral procession leaders later was confronted by police in his home, where they beat him for about four hours and then released him. He died the next day, ICC said. Eight people remain in police custody and are awaiting trial.
"The people of Con Dau are living in desperate fear and confusion," Thang Nguyen, executive director of an organization representing Con Dau victims, told ICC. "Hundreds of residents have been fined, and many have escaped to Thailand."
Smith, along with Rep. Joseph Cao, R.-La., and Frank Wolf, R.-Va., introduced a House resolution in July calling for the United Nations to appoint a special investigator to probe "ongoing and serious human rights violations in Vietnam." In August, the Lantos Commission met in emergency session to address the "brutal murders and systematic treatment of Catholics in Con Dau."
"The Vietnamese government justifies this violence, torture and murder because the villagers of Con Dau had previously been ordered, some through coercion, to leave their village, property, church, century-old cemetery, their religious heritage, and to forgo equitable compensation in order to make way for a new ‘green’ resort," Smith said at the hearing. "Nothing, however, not even governmental orders, grant license for government-sanctioned murder and other human rights abuses."
The U.S. Department of State declined to testify before the Lantos Commission, and the U.S. ambassador to Vietnam characterized the Con Dau incident as a land dispute and refused to get involved.
Logan Maurer, a spokesman for International Christian Concern, told Baptist Press he has publicized about 10 different incidents of persecution in Vietnam during the past few months.
"In some cases, especially in Southeast Asia, religious persecution becomes a gray area. We also work extensively in Burma, where often there are mixed motives for why a particular village is attacked," Maurer said. "Is it because they’re Christian? Well, partially. Is it because they’re an ethnic minority? Partially.
"So I think the same thing happens in Vietnam where you have a whole village that’s Catholic. One hundred percent of it was Catholic," he said of Con Dau.
Maurer explained that local government officials in Vietnam generally align Christianity with the western world and democracy, which is still seen as an enemy in Vietnam on a local level.
"As far as the official government Vietnamese position, that’s different, but local government officials do not take kindly to Christians and never have. We have documented many cases of government officials saying Christianity is the enemy. So here it’s mixed motives as best we can figure out," Maurer said.
"They wanted to build a resort there, and they could have picked a different village but they chose the one on purpose that was Catholic because it represents multiple minorities — minority religion, minority also in terms of people that can’t fight back. If they go seek government help, the government is not going to help them."
A Christian volunteer who has visited Vietnam five times in the past decade told Baptist Press the Con Dau incident illustrates the way the Vietnamese government responds to any kind of dissent.
"In our country, and in modern democracies, there are methods for resolving disputes with the government, taking them to court, trying to work through the mediation process," the volunteer, who did not want to be identified, said. "In Vietnam there is no such thing. It is the government’s will or there will be violence."
Vietnam’s constitution includes a provision for religious liberty, but the volunteer said that only goes as far as the communal will of the people, which is monopolized by the Communist Party.
"So when the Communist Party says you can’t build a church there or you can’t worship this way, those who say, ‘Well, I have religious freedom,’ are essentially trumped by the constitution that says it’s the will of the people, not individual liberty that’s important," the volunteer said.
The government in Vietnam has made efforts during the past 15 years to open up the country to economic development, and with that has come an influx of some western values and a lot of Christians doing work there, the volunteer said.
"I would first caution Christians to still be careful when they’re there working," he said, adding that government officials closely watch Christians who visit from other countries, and books about Jesus cause trouble.
Secondly, the volunteer warned that all news emerging from Vietnam must be tested for accuracy on both sides because both those who are persecuting and those who are sounding the alarm on persecution have their own political goals.
"That being said, I don’t doubt that this happened," the volunteer said regarding Con Dau.
International Christian Concern urges Americans to contact the Vietnamese Embassy in Washington at 202-861-0737, and the Christian volunteer said people can contact the U.S. Commission on International Religious Freedom to encourage changes in Vietnam.
"They can also directly e-mail the ambassador and the consular general in Ho Chi Minh City and encourage them to push for more reform," he said. "And they can contact companies that are having products made in Vietnam and encourage the business leaders to speak out for change in those countries. You go to JC Penney today in the men’s department and pick up almost anything, it’s made in Vietnam. That’s the kind of pressure they could put on them."
Report from the Christian Telegraph