High Court sets dual citizenship hearings for October

Malcolm Roberts is one of several MPs currently before the High Court.
AAP/Mick Tsikas

Michelle Grattan, University of Canberra

The High Court has rejected the government’s request to have MPs’ dual citizenship cases heard in mid-September, instead setting hearing dates of October 10, 11 and 12.

This prolongs the uncertainty for the government, which has the eligibility of two Nationals ministers – Barnaby Joyce and Fiona Nash – and former minister Matt Canavan under consideration.

Labor has made it clear it will continue to challenge the presence on the frontbench of Joyce and Nash. Opposition Leader Bill Shorten on Thursday repeated his call for the two to stand down from the ministry.

“It is an untenable, unsustainable situation for government ministers with a cloud over their eligibility to sit in their portfolios, making decisions.” Shorten said if it were “subsequently found out they weren’t eligible to sit in the parliament, the decisions they made can be appealed”.

The court currently has five current and former MPs before it – apart from Joyce and Canavan, they are two former Greens senators, Scott Ludlam and Larissa Waters, and One Nation’s Malcolm Roberts. Nash and crossbench senator Nick Xenophon will be referred to it when parliament resumes early next month.

Canavan’s lawyer revealed Canavan was an Italian citizen by descent since he was two years old, due to a change in Italian law at that time that enabled citizenship to be passed down through a person’s mother, not just their father.

This means that Canavan already had citizenship when his mother – of Italian descent but born in Australia – obtained it for him when he was an adult. He has said he only became aware she had signed him up after the citizenship issue blew up.

Solicitor-General Stephen Donaghue told the court the eligibility of Canavan, Joyce and Waters should be upheld, because they had not known they were dual citizens.

In contrast, Ludlam and Roberts had in the past filled out forms acknowledging they were citizens of other countries. Ludlam should be disqualified, Donaghue said, while Roberts’ situation turns on the timing of his renunciation form.

Roberts’ barrister said he needed more time before the case was heard.

The court has given standing in the case to Tony Windsor, who ran unsuccessfully against Joyce in New England at the last election.

Windsor held the seat as an independent until retiring at the 2013 election. He has not ruled out contesting if Joyce were declared ineligible and there was a byelection.

Windsor’s lawyer argued in court that Section 44 (i) of the Constitution was clear, and it was the candidate’s responsibility to check whether they were a dual citizen.

Prime Minister Malcolm Turnbull repeated on Thursday that: “We are very, very confident that our members who have been caught up in this will be held by the court to be eligible to sit in the parliament”.

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Latest Persecution News – 29 April 2012

Christian’s Six-Year Sentence Upheld in Egypt

The following article reports on the latest news of persecution in Egypt, with the prison sentence being served by Makarem Diab being upheld. He was charged and jailed for alleged blasphemy. A further appeal has been scheduled following violence during the latest appeal hearing.

http://www.compassdirect.org/english/country/egypt/article_1520392.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Murder of Governor in Pakistan Darkens ‘Blasphemy’ Case

Assassination called a blow to prospects of justice for Christian mother on death row.

LAHORE, Pakistan, January 5 (CDN) — The case of Asia Noreen, the first Christian woman sentenced to death in Pakistan on blasphemy charges, suffered a major setback when her most vocal supporter, the governor of Punjab Province, was gunned down by one of his police bodyguards yesterday (Jan. 4) in Islamabad.

The lives of Noreen and Gov. Salman Taseer were at risk since the day he, his wife and daughter visited her in the Sheikhupura District Jail on Nov. 22, after news of her conviction appeared in the media.

Taseer had openly criticized the blasphemy statutes and vowed to try to repeal the “black laws” in parliament. He also promised Noreen (also called Asia Bibi) that he would recommend a presidential pardon for her.

The governor’s assurance and his support for Noreen gave new hope to the impoverished mother of two children and step-mother to three others – and drew violent condemnation from Islamist forces, sparking countrywide protests.

“The governor’s visit gave us hope that all was not lost,” Sohail Johnson of Sharing Life Ministries Pakistan, which has pursued Noreen’s case from the onset, told Compass. “We believed that God had sent the governor to help us … his words of support boosted Noreen’s morale, and she was actually quite optimistic about the outcome of her appeal in the high court.”

He said the murder of Taseer in broad daylight had shocked all those opposing the blasphemy laws, and that “there is little hope of these laws ever being repealed.”

Johnson confirmed that Noreen’s life was at high risk ever since the governor had highlighted her case.

“The local Islamist forces believed that President [Asif Ali] Zardari would pardon Noreen on Taseer’s recommendation, and this was unacceptable to them,” said Johnson, confirming that intelligence agencies had determined that Islamists had plotted to kill Noreen inside jail to make an example of her. “Noreen was earlier allowed two hours in the morning and two in the evening to go outside her cell to relax. After the intelligence information, the jail authorities restricted her movement, and now she is kept in the cell at all times. A security guard has also been deployed with her.”

He added that news of the assassination of the governor would surely panic the Christian woman.

Johnson said Noreen’s appeal of her conviction had yet to be taken up for hearing by the Lahore High Court, but that the murder would definitely affect the course of justice. “The governor’s brutal murder has diminished our hopes for justice for Noreen,” he said.

Her family, he said, has been in hiding since Islamist parties started protests in favor of the blasphemy laws.

“Even I am keeping a low profile these days,” Johnson said.

Taseer and Noreen were declared “Wajibul Qatil” (liable to be killed) by radical Islamic clerics. A cleric in Peshawar and a local politician in Multan offered a combined sum of 50 million rupees (US$579,300) for anyone who killed Taseer and Noreen.

Protests, shut-down strikes and general uproar pressured Pakistan’s federal government to announce that the blasphemy laws would not be repealed.

Taseer, however, continued to publicly vent his opposition – even using Twitter – to the blasphemy laws, which effectively mandate death for anyone convicted of insulting Muhammad, the prophet of Islam. Although courts typically overturn convictions, and no executions have been carried out, rights activists say the laws are used to settle rivalries and persecute religious minorities.

On Friday (Dec. 31), Taseer had tweeted “I was under huge pressure 2 cow down b4 rightest pressure on blasphemy. Refused. Even if I’m the last man standing.”

The assassination is significant not simply because of the person targeted and the reason behind it, but because of the broader societal implications.

“[It points to] the presence of radical elements inside the Pakistani state apparatus,” said columnist Cyril Almeida.

He said that the fact that Taseer’s own bodyguard shot him is not just worrying because it indicates a failure of the vetting process but because it points to “the extent to which this poison has affected the Pakistani state. The investment in jihad has come home to roost.”

In the hours immediately following the killing, television anchors hosted several shows in which guests, while stopping short of openly supporting the murder of Taseer, did speak out in support of killing those deemed to have blasphemed. Some Pakistanis have reported that they received text messages on their mobile phones praising the assassination.

Pakistan Interior Minister Rehman Malik has said the guard, Malik Mumtaz Hussein Qadri, told police that he killed Taseer because of the governor’s opposition to Pakistan’s blasphemy laws. Qadri had escorted the governor from Rawalpindi to Islamabad on Tuesday (Jan. 4).

A 26-year-old policeman from Barakhao on the outskirts of Islamabad, Qadri had reportedly transferred to the Elite Force after commando training in 2008. Thus far, he has not been identified as a member of any violent Muslim extremist groups but is considered devout in his faith.

Noreen was convicted under Section 295-C of the defamation statutes for alleged derogatory comments about Muhammad, which is punishable by death, though life imprisonment is also possible. Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment. Section 295-A of the defamation law prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” It is punishable by life imprisonment, which in Pakistan is 25 years.

Report from Compass Direct News

Links between Murders in Turkey and ‘Masterminds’ Expected

Witnesses previously barred will be allowed to testify.

ISTANBUL, December 20 (CDN) — Attorneys prosecuting the murder of three Christians in southeastern Turkey are making progress linking the knifemen who slayed them to the masterminds who put them up to it, an attorney representing the family of one of the victims said Friday (Dec.17).

Two witnesses, Veysel Şahin and Ercan Gelni – whose testimony the court previously blocked – will be allowed to testify about the plans behind the killings in Malatya. The judge changed his previous ruling blocking their testimonies because of new evidence that recently became available.

The court will also protect a witness whose testimony would have possibly put him in danger. The latest court hearing was on Dec. 3.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya.

The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim were arrested while trying to escape the scene of the crime, as was alleged ringleader Emre Gunaydin.

 

Establishing Links

Prosecutors have contended that the killings were related to a larger conspiracy by the military and nationalists to destabilize the government by targeting minorities in Turkish society.

“The people responsible are not just confined to the young men caught at the crime scene,” said Orhan Cengiz, one of the attorneys representing the interests of the victim’s families in the case. “Everybody knows the youngsters have connections [to the nationalists].”

The new decision shows the court’s “willingness” to look into possible links between the killers and the gendarmerie, a special police force in Turkey that deals with internal security issues and is allegedly a key player in the destabilization plot, Cengiz said.

Suzanne Geske, widow of Tilmann Geske, said she wants the Malatya murder trial linked with the trial over the Cage Operation Action Plan, believed to be part of the Ergenekon “deep state” operation to destabilize the government.

“I want the Zirve Publishing House killings to be merged with the case into the Cage Operation Action Plan,” Geske told Turkish newspaper Today’s Zaman. “I do not believe that those young men could have carried out the murders on their own. Some de facto links are evident. There are other influences behind these murders.”

Ergenekon is an alleged “deep state” operation referring to a group of retired generals, politicians and other key figures thought by some to be the true power brokers in Turkey.

The Cage Plan centers on a compact disc found a year ago in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Newspapers have reported that the Cage Plan, aimed at Turkey’s non-Muslim minorities, not only contained a list of names of Protestant Christians who would be targeted, but also named some of their children.

“I believe that there is an ulterior motive behind the killings,” Geske reportedly said. “This may be linked to Ergenekon or another criminal group. I believe that the young men who carried out the murders were directed by criminal elements. I want those criminal elements to be exposed. Otherwise, the lives of those young men will be wasted while the real criminals will go unpunished.”

The next Malatya hearing is scheduled for Jan. 20.

Report from Compass Direct News

Afghan Authorities Block Lawyer from Visiting Jailed Christian

Second suspect accused of ‘blasphemy’ is government informant, accused says.

ISTANBUL, December 9 (CDN) — A Christian in Afghanistan facing “apostasy” charges punishable by death is still without legal representation after authorities blocked a foreign lawyer’s attempt to visit him in prison, sources said.

A Christian lawyer from the region who requested anonymity travelled to Kabul on behalf of Christian legal rights organization Advocates International two weeks ago to represent 45-year-old Said Musa (alternatively spelled Sayed Mossa). Authorities denied him access to Musa and to his indictment file.

“If a man is not entitled to define his own beliefs, and to change those ideas, under the existing constitutional order of Afghanistan, then how is this government more moral than the Taliban’s?” the lawyer said in an e-mail to Compass.

After several court hearing postponements, Musa appeared before a judge on Nov. 27 without prior notice. Rejecting the case file as deficient, the judge sent it to the attorney general’s office for corrections, according to the lawyer. The lawyer said he has deduced that the file was missing a formal indictment and other “incriminating” evidence.

The legal expert said that according to Afghan law, Musa is entitled to see a copy of the indictment and review the evidence against him, but authorities have denied him both rights. If the prosecutor does not present the court with an indictment within 15 days of arrest, the attorney said, an accused person has the right to be released. Musa has been in jail since May 31.

 

Suspicious Second Suspect

The prosecutor in charge of western Kabul, Din Mohammad Quraishi, said two men, Musa and Ahmad Shah, were accused of conversion to another religion, according to Agence France-Presse. But Musa’s letters from prison and other sources indicate that Shah is a government informant posing as a Christian.

Musa and Shah appeared before the judge on Nov. 27 “shackled and chained” to each other, according to a source who was present. Though Shah, who was also arrested six months ago, has denied he is a Christian, the prosecutor said there was “proof” against him.  

Musa and the other sources claim that Shah is an informant posing as a Christian in order to damage him and other Afghan Christians. They claim that Shah allegedly sent images of Christians worshiping to the country’s most popular broadcaster, Noorin TV, which aired them in May.

The broadcast appeared on an Afghan TV show called “Sarzanin-e-man,” or “My Homeland,” hosted by Nasto Nadiri, 27, an outspoken opponent of the government and a parliamentary hopeful. Noorin TV station is opposed to the government and does what it can to “embarrass” it, a source said.

The broadcast put in motion the events that got Musa arrested, sources said. The hour-long TV show sparked protests throughout the country against Christians and a heated debate in parliament. In early June, the deputy secretary of the Afghan Parliament, Abdul Sattar Khawasi, called for the execution of converts from Islam.

Many converts to Christianity left the country, according to sources, and many were arrested, though the exact number is unknown.

Musa was concerned about the public outcry against Christians and went to his employer, the International Committee of the Red Cross/Red Crescent (ICRC), to request personal leave the morning of May 31. Authorities arrested him after he left the building, and his family could not locate him for nearly two months.

The Christian suffered sexual abuse, beatings, mockery and sleep deprivation because of his faith in Jesus in the first months of his detention. Last month, after quiet diplomatic efforts, authorities transferred him to the Kabul Detention Center in the Governor’s Compound. There have been no reports of mistreatment since he was transferred.

The lawyer who tried to visit him said that all Afghans in the country are assumed to be Muslims, and this assumption is deeply ingrained in the culture. The result is lack of justice for the “deviants,” he said.

“It is the greatest shame on a family, clan and the nation, that someone would consider to leave Islam,” the lawyer told Compass. “I [saw] the face of the attorney general literally darken in distaste when he realized we came to assist this man who committed such a shameful offense. Therefore there are no ‘rights’ Christians can claim.”

The lawyer said that from the perspective of the court, if Musa continues to stand for his faith in Jesus, he will certainly be found guilty of “apostasy,” or leaving Islam.

Though no one knows when a court hearing will take place, monitors expect it could be any day and, as before, could come without warning. Musa is still looking for an Afghan lawyer that will agree to defend him in court.

In his latest letters from prison, Musa asked Christians to continue to pray for him and Afghanistan and “not give up.”

An amputee with a prosthetic leg, Musa worked for the ICRC for 15 years, fitting patients for prosthetic limbs. He stepped on a landmine when serving in the Afghan Army, and his injury required the amputation of his right leg below the knee, according to World Magazine.

Married and the father of six young children, Musa has been a Christian for eight years.

 

Another Christian in Prison

Another Afghan Christian is in prison for his faith, sources said. Shoib Assadullah, 25, was arrested on Oct. 21 for giving a New Testament to a man who reportedly turned him in to authorities.

Assadullah is in a holding jail in a district of Mazar-e-Sharif, in northern Afghanistan. Sources said his family has been unsuccessful at procuring his release despite paying bribes to officials. As in Musa’s case, because of the sensitivity of the charges, no lawyer has agreed to defend him. Assadullah has not reported any mistreatment while in prison.

He has stood before a judge at least once since his arrest. The judge asked him what faith he followed, and Assadullah told him he was a Christian, said a source who requested anonymity.  

Although Assadullah’s family has tolerated his new faith, they are not pleased with it, the source said, and a few days ago his father disowned him. Assadullah became a Christian about five years ago.

“He wants others to know that he is not frightened, and that his faith is strong,” the source told Compass. “He is desperately missing having a Bible.”

Assadullah asked that people pray that Afghan believers would stay strong in their faith, the source said.

Musa and Assadullah are the only known Christian converts from Islam in prison in Afghanistan, and both face probable apostasy charges punishable by death under sharia (Islamic law), which is still applied in the country.

Last month, in its 2010 International Religious Freedom Report, the U.S. State Department reported that respect for religious freedom in Afghanistan diminished in the last year, “particularly for Christian groups and individuals.”

The constitution states that Islam is the “religion of the state” and that “no law can be contrary to the beliefs and provisions of the sacred religion of Islam.” The report stated that conversion from Islam is understood by Islamic clergy, as well as many citizens, to contravene the tenets of Islam.

Nevertheless, the country has signed the UN Universal Declaration of Human Rights stipulating religious freedom, including the freedom to change one’s faith. The nation’s constitution also provides a measure of religious liberties under Article 2, but Article 3 limits the application of all laws if they are contrary to the “beliefs and provisions of the sacred religion of Islam.”

Another source who requested anonymity said the proceedings against Musa and Assadullah typify the intolerance and abhorrence inherent in Islam toward open-mindedness and progress. He said that the only sentence possible would be death, and that if Musa were freed his only recourse would be to leave the country or be killed.

The source voiced exasperation toward the international community and defenders of human rights for not speaking up for the Christians in prison.

“We try as much as we can to push things in order to reveal this unfair situation, knowing that Afghanistan is a signatory of the Human Rights Convention,” he said. “But this serious failure of human rights is more or less accepted as a case ‘so sensitive’ that nobody wants to really fight against.”

According to the state department report, estimates of the size of the Christian community in Afghanistan range from 500 to 8,000.

Report from Compass Direct News

Alleged ‘Middleman’ Arrested in Malatya, Turkey Murders

Two key witnesses’ testimonies connect suspects to higher-level ‘masterminds.’

ISTANBUL, October 21 (CDN) — A court in southeast Turkey on Friday (Oct. 15) ordered the arrest of a suspected “middleman” linking the murder of three Christian men to alleged high-level masterminds.

The arrest order came after the testimonies of a former prison inmate and an incarcerated ex-gendarmerie intelligence worker at Friday’s hearing. Journalist Varol Bulent Aral – one of the suspected “middlemen” who allegedly incited five young men to stab to death Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske at the Zirve Publishing Co. in Malatya – was re-arrested at the hearing.  

The three Christians were bound and tortured before they were murdered on April 18, 2007, at the Christian publishing house, where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught trying to escape from the scene of the crime.

Attorneys said the last hearing of the Malatya murders was productive in tracing links between the five murderers and political masterminds whom prosecution lawyers claim are behind the slayings. A key witness, Orhan Kartal, was instrumental in proving that Aral was behind the murders, lawyers said.

“Not only this witness, but Emre also accused Aral before and then changed his statement,” said one of the prosecuting lawyers, Orhan Kemal Cengiz. “Before he retracted his statement, he gave details that couldn’t have been fabricated. So from the beginning we saw Aral was involved but couldn’t prove it.”

Kartal spent two months in prison with Aral in Adiyaman in 2008, where they were both held for crimes not related to the Zirve murders. Kartal said that while in prison together Aral detailed how he had planned the attack on the Zirve publishing house by psychologically preparing the five young murderers for the gruesome act. According to Kartal, Aral said he gave the young men the weapons they used to kill the three Christians.

In Kartal’s account, Aral also claimed that there was a higher figure behind him, retired Gen. Veli Kucuk. This year Aral completed his previous prison sentence. He is now again in prison as a key suspect in the Malatya murders.

In a previous statement, Aral had complained that retired Gen. Kucuk had threatened him about testifying. Gen. Kucuk has been arrested in connection with Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to destabilize the government. Evidence in Malatya hearings over the past three years suggests that the murders were instigated by Ergenekon.

Aral has also been implicated in the Ergenekon case, the hearings of which are underway.

Prosecutors believe the Malatya murders are directly linked with a military operation called the Cage Plan within the scope of Ergenekon activities. A document entitled “Cage Plan,” found on a retired general’s computer, described assassinations that targeted the country’s small Christian communities. The document referred to the Malatya murders as a “successful operation.”

A second witness, Erhan Ozen, also in prison for other offenses, worked for the clandestine Gendarmerie Intelligence Organization (JITEM). He said that as early as 2004, JITEM personnel were planning the Malatya murders and the assassination of Armenian editor Hrant Dink.

Ozen said that after a meeting, some co-workers talked about how they were organizing an operation against the three Christians in Malatya in an effort to portray the state as ineffectual. He also testified that the rector of the local university and JITEM were monitoring the activities of the three Christian men.

“He was convincing because he gave many details that were coherent and that confirm each other, so his testimony seems to me authentic,” attorney Cengiz said. “But of course, we will see.”

In April the Malatya court added the Cage Plan indictment to its case file.

Prosecuting lawyer Erdogan Dogan told Compass that this is clear evidence linking the Malatya murders to the Cage Plan. For almost a year, prosecution lawyers have tried to make the case that the two court cases should be merged.

“We had progress in the case,” Dogan said of the two testimonies on Friday. “They might decide to join the two cases in the next court hearing.”

Judges had found the phone numbers of ultranationalist lawyer Kemal Kerincsiz and Sevgi Erenerol, spokesperson for the Turkish Orthodox Church – a Turkish nationalist denomination –in Aral’s personal phone book. Both figures are accused of playing leading roles in Ergenekon and spearheaded prosecution of Christians Hakan Tastan and Turan Topal for speaking to people about their faith.

This week various media released autopsy pictures and images of police videos showing the five suspects as they walk through the blood-stained Zirve office explaining how they committed the crime.

Lawyers said they did not know who leaked these to the press, but they didn’t think the images would affect the case.

“These will, however, show the country how the young men were incited and murdered the men, full of racism and hatred,” said Dogan. “This will be obvious and should be noted. The state needs to urgently address the fact that these youngsters, or anyone, can become so filled with racism and hatred.”

He said that acceptance and tolerance of other people’s thoughts and beliefs is fundamental, and that the state should teach these values to its people.  

The next hearing of the Malatya murders case is on Dec. 3.

Report from Compass Direct News

Christians in Turkey Acquitted of ‘Insulting Turkishness’

But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

 

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

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

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Report from Compass Direct News

Court in India Convicts Legislator in Second Murder Case

Manoj Pradhan arrested; three more cases pending against Hindu nationalist.

NEW DELHI, September 10 (CDN) — A Hindu nationalist legislator was arrested yesterday after a court pronounced him guilty of playing a major role in the murder of a Christian during anti-Christian carnage in Orissa state’s Kandhamal district in August 2008.

The Fast Track Court II in Kandhamal convicted Manoj Pradhan of the Hindu nationalist Bharatiya Janata Party (BJP) in the murder of a 30-year-old Christian, Bikram Nayak, who succumbed to head injuries two days after an attack by a mob in the Raikia area of Budedi village on Aug. 25, 2008.

Judge Chitta Ranjan Das sentenced Pradhan to six years of rigorous imprisonment for “culpable homicide not amounting to murder” under Section 304 of the Indian Penal Code and imposed a fine of 15,500 rupees (US$335) for setting houses ablaze.

Pradhan, who contested and won the April 2009 state assembly election from jail representing Kandhamal’s G. Udayagiri constituency, was not initially accused in the police complaint in Nayak’s murder, but his role emerged during the investigation, according to The Hindu.

One of the primary suspects in violence that followed the assassination of Hindu nationalist leader Swami Laxmanananda Saraswati on Aug. 23, 2008, Pradhan was initially arrested in Berhampur city in neighboring Ganjam district in December 2008. The violence began a day after Saraswati’s killing when Hindu nationalist groups blamed Christians for his murder, although Maoists (extreme Marxists) claimed responsibility for it.

In spite of this week’s conviction, the Orissa state unit of the BJP said the case against Pradhan was weak.

“The case is not strong,” Orissa BJP President Jual Oram told Compass by telephone. “Pradhan was merely present at the scene of crime.”

Pradhan was named in at least 12 police complaints concerning murder and arson. But after he won the election, he was released on bail.

This is the 36-year-old Pradhan’s second conviction. On June 29, Kandhamal’s Fast Track Court I sentenced him to seven years in jail in a case concerning the murder of another Christian, Parikhita Nayak, also from Budedi village, who was killed on Aug. 27, 2008. Though not convicted of murder, Pradhan was found guilty of rioting and causing grievous hurt in the Parikhita Nayak case.

The June 29 judgment led to his arrest, but the Orissa High Court granted him bail eight days later.

The BJP will challenge the convictions in a higher court, Oram said.

Last month Kanaka Rekha Nayak, widow of Parikhita Nayak, complained that despite the conviction of Pradhan and an accomplice, they were immediately given bail and continued to roam the area, often intimidating her.

Rekha Nayak was among 43 survivors who on Aug. 22-24 testified in Delhi before the National People’s Tribunal (NPT), a private hearing of victims of the Kandhamal violence organized by the National Solidarity Forum, a confederation of 60 non-profit groups and people’s movements.

Nayak said local politicians, including Pradhan, hit her husband with an axe. Her husband’s body was later chopped into pieces, she recalled as she sobbed during testimony at the tribunal, headed by Justice A.P. Shah, former chief justice of Delhi High Court.

The fast track courts set up especially to hear cases related to the anti-Christian violence have acquitted Pradhan in seven cases for lack of evidence. Three more cases are pending against him.

The state BJP’s Oram said Christians had created “hype” about the cases against Pradhan to “trouble us.” He added, “The state government is not doing anything to arrest and try the killers of the Swami.”

 

Testimony

The NPT tribunal asserted that between August and December 2008, about 2,000 people were “forced to repudiate their Christian faith.”

The tribunal cited government figures asserting that during the violence from August to December 2008, more than 600 villages were ransacked, 5,600 houses were looted and burned, 54,000 people were left homeless, and 38 people were murdered in Kandhamal alone. It also noted that human rights groups estimated that over 100 people were killed, including women, disabled and aged persons and children, and “an un-estimated number suffered severe physical injuries and mental trauma.”

While there were reports of four women being gang-raped, many more victims of sexual assault were believed to have been intimidated into silence, the tribunal concluded.

As many as 295 church buildings and other places of worship, big and small, were destroyed, and 13 schools, colleges, and offices of five non-profit organizations damaged, it said, adding that about 30,000 people were uprooted and living in relief camps, with many of them still displaced.

“More than 10,000 children had their education severely disrupted due to displacement and fear,” it reported. “Today, after two years, the situation has not improved, although the administration time and again claims it is peaceful and has returned to normalcy.”

The Christian community was deliberately targeted by Hindu nationalist groups such as the Rashtriya Swayamsevak Sangh, the Vishwa Hindu Parishad (World Hindu Council), the Bajrang Dal and the active members of Bharatiya Janata Party,” the tribunal concluded.

The jury also observed that cries against religious conversions were used as for political mobilization and “to incite horrific forms of violence and discrimination against the Christians” of Dalit (formerly “untouchables” according the caste hierarchy in Hinduism) origin.

“The object is to dominate them and ensure that they never rise above their low caste status and remain subservient to the upper castes,” it added.

The jury accused police of complicity, which “was not an aberration of a few individual police men, but evidence of an institutional bias against the targeted Christian community.”

“The jury is constrained to observe that public officials have colluded in the destruction of evidence, and there is testimony directly implicating the District Collector [the administrative head of a district] in this misdemeanor.”

The jury expressed concern over the lack of mechanisms to protect victims “who have dared to lodge complaints and witnesses who have courageously given evidence in court,” as they “are unable to return to their homes.”

“There is no guarantee of safe passage to and from the courts. They are living in other cities and villages, many of them in hiding, as they apprehend danger to their lives.”

It also noted mental trauma in children.

“There has been no trauma counselling for the affected children and adolescents in Kandhamal. Even today they have nightmares of running in the jungle, with the killers in pursuit, are scared of any loud sound and are afraid of people walking in groups or talking loudly.”

Bollywood lyricist Javed Akhtar, who was part of the tribunal, said that incidents such as the Kandhamal carnage against religious minorities continued to happen with “alarming frequency” in India.

“As citizens of this democracy, we should hang our heads in shame,” he said.

Report from Compass Direct News

Vietnam stepping up religious rights abuses, experts say

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

Alleged Bomber of Christian Boy in Israel to Stand Trial

Hearing could determine whether Jack Teitel is transferred from mental hospital.

ISTANBUL, September 3 (CDN) — An Israeli man accused of planting a homemade bomb that almost killed the son of a Messianic Jewish pastor in Ariel, Israel has been declared competent to stand trial.

Jack Teitel, 37, who in November was indicted on two charges of pre-meditated murder, three charges of attempted murder and numerous weapons charges, is expected to enter a plea on Sunday (Sept. 5).

David and Leah Ortiz, parents of the teenage victim, said that the 10 months since the indictment have been difficult but their stance toward Teitel remains the same; they have forgiven him for the attack but want him to face justice before a judge and seek salvation from God.

If nothing else, they said, they want him incarcerated to keep other Messianic Jews from being attacked either by Teitel or those following his lead.

“He’s dangerous,” Leah Ortiz said. “He’s an extremely dangerous person. He’s totally unrepentant.”

Sunday’s plea will open the way for a trial expected to start within weeks and last for more than six months. Officials at a hearing possibly the same day as the scheduled plea will decide whether Teitel will be moved from the mental hospital where he has been held for most of his detainment.

It is possible Teitel will enter no plea on Sunday. He has publically stated that he doesn’t “recognize the jurisdiction” of Jerusalem District Court.

 

Bombing

On March 20, 2008, Ami Ortiz, then 15, opened a gift basket that someone had left anonymously at his family’s home in Ariel. The basket disappeared in a massive explosion that destroyed much of the Ortiz home and shattered Ami’s body.

When he arrived at the hospital, Ami was clinging to life. He was bleeding profusely, had burns covering much of his body and was full of needles, screws and glass fragments the bomb-maker had built into the device.

The doctors had little hope for him and listed his condition as “anush,” meaning his soul was about to leave his body.

After countless hours of surgery and even more spent in prayer, Ami went from “near dead,” to burned and blind and eventually to playing basketball on a national youth team. Both his parents said his recovery was nothing short of a miracle from God.

 

‘Most Radical Evangelist’

When Teitel was arrested in October 2009, police found him hanging up posters celebrating the shooting of two teenagers at a gay and lesbian community center in Tel Aviv.

Teitel’s background is still somewhat of a mystery. An emigrant from the United States, he became an Israeli citizen in 2000, got married not long afterwards and is the father of four children. Usually portrayed in Israeli media as part ultra-orthodox ideologue and part fringe survivalist, it is clear that Teitel was motivated by a fascination with end-times prophecy and an extremely violent interpretation of Judaism and Jewish nationalism.

He is a self-described follower of such anti-missionary groups as Yad L’Achim. According to authorities, Teitel sought to kill those he deemed enemies of traditional Judaism: Palestinians, homosexuals, liberal Jewish intellectuals and, in the Ortiz case, Messianic Jews.

David Ortiz is well known in Israel, both for his activities in the Jewish community and for his efforts to expose Palestinians to the gospel.

“He said the reason why he wanted to kill me was that I was the most radical in evangelism, so I had to be first,” said Ortiz, who has seen transcripts of Teitel’s confessions.

Along with the Ortiz case, police said Teitel is responsible for the June 1997 shooting death of Samir Bablisi, a Palestinian taxi driver who was found in his cab with a single bullet wound to his head. Two months later, police said, Teitel allegedly shot Isa Jabarin, a Palestinian shepherd who was giving him driving directions to Jerusalem.

Police also said that Teitel attempted to burn down a monastery and unsuccessfully planted several bombs. He also is accused of the September 2008 bombing of Zeev Sternhell of Hebrew University in Jerusalem. The bombing left the emeritus history professor slightly wounded.

During one court hearing, Teitel flashed a victory sign and reportedly said, “It was a pleasure and honor to serve my God. God is proud of what I have done. I have no regrets.”

 

Long Road to Trial

David Ortiz said that as bad as the bombing itself was, waiting for the trial has been yet another ordeal.

As officials investigated the bombing, police harassed Messianic Jewish friends of theirs, saying, “If you are Jewish, why did you become a Christian?” Ortiz said.

The Ortiz family had to sue police and pay 5,000 shekels (US$1,320) to obtain a copy of a security camera video belonging to the family that police had seized as evidence. The video shows Teitel laying the basket at the Ortiz home.

“We had to hire a lawyer because we understood clearly that our rights as victims had to be protected,” said David Ortiz.

Particularly galling to the pastor has been the hands-off response of government officials to the attack.

“We are the only family in Israel that has been a victim of an attack that hasn’t been visited by a government official,” he said, adding that officials have made no public condemnation of the attack. “If the leaders do not condemn an act, it emboldens others who want to do the same thing.”

According to the International Religious Freedom Report 2009 issued by the U.S. Department of State, there are 10,000 Messianic Jews in Israel. The report documents several cases of violence against Messianic Jews, including cases where baptismal services have been disrupted, Messianic Jews have been beaten and Christian literature has been torched.

 

God Shows Up

Leah Ortiz said that what Teitel intended for evil, God meant for good in order to reach people.

“The Lord has taken the worst tragedy that could possibly happen and has used it for the greatest good that He possibly could,” she said.

The incident, and how the Ortiz family has dealt with it, has become a lightning rod of sorts in Israel, forcing people to think more seriously about the claims of the Messianic Jews.

In a place filled with the type of hatred that causes people to strap bombs to their bodies to kill others, the attack has given people a reason to think and, for some, to choose forgiveness and peace.

Ortiz said he has gotten calls from Palestinians who had said if he could forgive a man who bombed his child, then they can forgive what has happened to them. Orthodox Jews have called him and asked forgiveness for their hatred toward Messianic Jews. Muslims have called Ortiz offering blood for transfusions for Ami.

Ortiz said he was devastated after the attack, but that he has been blessed to see God working “supernaturally” through the incident. Ami is an example of God’s grace and healing power, Ortiz said, explaining, “Ami has been a wonder within my own eyes. How could anyone who went through so much be so peaceful?”

Ami’s high school friends, most of them not Messianic Jews, have sought him out and asked him about the ordeal.  Ortiz said he thinks God will use him in a big way.

His wife explained, “I have that sense this is about something bigger. This is something bigger than what has happened to us and to our family.”

Report from Compass Direct News