Heavy penalties are on the table for banks caught lying and taking fees for no service

Dimity Kingsford Smith, UNSW and Alex Steel, UNSW

Another week of hearings of the Financial Services Royal Commission has seen financial services company AMP admitting it mislead the Australian Securities and Investment Commission (ASIC) on 20 occasions. The commission also saw evidence of both AMP and the Commonwealth Bank of Australia paying themselves client money when there was no adviser allocated to provide services, or the client had passed away.

It seems ASIC and the Director of Public Prosecutions will have no lack of evidence to pursue civil penalties and criminal cases. The bigger issue is what charges to go with.

In deciding what to pursue, ASIC and the DPP will need to weigh up the costs, the charges individuals are willing to plead guilty to, and the outcomes that will best serve the public interest.

Convicting individuals clearly “sends a message”, but these employees are easily replaced with others just as willing to commit the offences, unless the organisation’s culture is changed.

ASIC has confirmed it has a broad-ranging investigation into AMP already underway, and the Treasurer has suggested the behaviour might attract jail time.

Whether or not bankers get jail time will depend on the actual offences charged and a range of sentencing factors. However, the courts are increasingly emphasising the importance of substantial sentences for white collar crime.

Offences with similar maximum penalties in the UK led to a UBS banker who manipulated the London Interbank Offered Rate being sentenced to 14 years jail in 2015. Another joined him in 2016 for two years and nine months and three others were also convicted.

What AMP and CBA did

AMP and CBA have admitted they failed to provide information and report breaches to ASIC as required by the Corporations Act. Misleading Australian government agencies is also a criminal offence under the Act and the Commonwealth Criminal Code.

As well as dealing truthfully with ASIC, all entities licensed to offer financial services must act “efficiently, honestly and fairly” and take reasonable steps to ensure their employees do likewise.

It is not hard to see how taking clients’ money without providing a service is not efficient, honest or fair.

Civil penalties

Civil sanctions could apply to conduct at AMP and CBA which could ultimately involve disqualification for up to 20 years from working as a corporate officer and/or a fine of up to A$200,000.

Officers of a corporation are very senior employees and usually immediately below board level. They have a duty to be careful and diligent and act in the best interests of the company under the Corporations Act. There is a range of lesser charges from general dishonesty to false documentation offences.

Officers of a corporation have duties which require them to be careful and diligent. This is because the officers may have failed to follow up or failed to prevent conduct) after finding out about what was going on.

If ASIC and the DPP can go further and prove that AMP and CBA officers have intentionally caused their company to break the law, it is virtually impossible that conduct could be in the interests of the corporation. AMP and CBA officers may have also breached criminal offences in the Corporations Act if the wrongdoing was reckless or intentionally dishonest.

Criminal charges

Turning to more general offences, here criminal penalties range from 12 months in jail for misleading ASIC, to significant penalties for conspiracy to defraud.

Any bank employee who was involved in the creation of misleading documentation might well be exposed to fraud charges. Under Commonwealth and state law, fraud can involve reckless deception of another (either ASIC or the clients) with an intention to gain a financial advantage for another (AMP or CBA) Those offences have maximum penalties of 10 years jail. There is a range of lesser charges from general dishonesty to false documentation offences.
Those who assisted might well also be liable through accessorial liability.

Prosecutors could also turn to the conspiracy to defraud offence. The Commonwealth version of the offence involves an agreement to dishonestly influence a public official’s decisions. An agreement to provide false documents to ASIC would seem easily to fit this offence. Again, this has a maximum penalty of 10 years.

Similarly, common law conspiracy to defraud charges could be available for dishonestly misleading customers in a way that caused them financial loss. There are no prescribed maximum penalties for this version of the offence.

Multiple offences could mean sentences served concurrently, or partly cumulatively.

Although the wrongdoing may seem clear to the public, it is likely that complex matters of proof will emerge and ASIC will need to make a range of decisions about the best approach to ensuring cultural change occurs. While convictions might be deserved, the public interest is best served by ensuring that prosecutions are part of wider regulatory action leading to better banking practices.

Dimity Kingsford Smith, Professor and Director, Centre for Law Markets and Regulation, UNSW Law, UNSW and Alex Steel, Professor, UNSW Scientia Education Fellow, UNSW

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

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

Light Sentences for Attack on Christians in Indonesia Condemned

Prosecutors’ refusal to file felony charges said to encourage more violence.

JAKARTA, Indonesia, March 10 (CDN) — Human rights and Christian leaders said a West Java court’s light sentence for Islamic extremists who injured a church pastor and an elder will encourage more violence and religious intolerance.

After those involved in the Sept. 12, 2010 clubbing of the Rev. Luspida Simanjuntak and the stabbing of elder Hasian Lumbantoruan Sihombing of the Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) in Ciketing received sentences of only five to seven months, the Setara Institute for Democracy and Peace released a statement asserting that the judges’ panel was acting under pressure from Muslim extremists.

“The public will think that violence, intolerance, and obstruction of worship are part of their religious worship and duties,” the institute stated regarding the Feb. 24 sentences.

After prosecutors decided to file minor charges citing “insufficient evidence” for assault charges, the judges issued verdicts that have injured people’s sense of justice, and the light sentences set a “rotten” precedent for strengthening the rule of law in Indonesia, according to the institute.

“Specifically, the verdict neither is a deterrent nor does it educate the public that violent acts in the name of religion are serious matters,” according to the Setara statement.

Saor Siagian, attorney for the church, told Compass that the facts of the case had shown that the assailants should have been charged with joint assault under Section 170 of Indonesia’s penal code, which could have resulted in sentences of five to nine years. Instead, prosecutors opted to charge them only with maltreatment under Section 351.

The alleged planner of the attack, Murhali Barda, head of the Bekasi chapter of the Islamic Defenders Front (FPI), received a sentence of only five months and 15 days for “disorderly conduct” (Section 335) even though he should have been prosecuted for incitement and joint assault, Siagian said.

“The trial brought to light facts that pointed toward incitement by Murhali Barda via Facebook, text messages, and orders to the defendants to attack the congregation of HKBP on Sept. 12, 2010 at Ciketing,” said Siagian. “If he had been charged with Section 170 he would have been facing a five-to-nine-year sentence, and Section 160 [incitement] carries a six-year sentence. These are both felonies.”

Judges of the State Court in Bekasi, West Java handed down a seven-month sentence to Adji Ahmad Faisal, who stabbed church elder Sihombing; the prosecutor had asked for sentence of 10 months. Ade Firman, who clubbed Pastor Simanjuntak hard enough to send her to the hospital for treatment, was given a six-month sentence; prosecutors had requested an eight-month sentence. Two under-age defendants were found guilty and turned over to their parents.

Along with Barda of the FPI, eight other defendants received sentences of five months and 15 days: Ismail, Dede Tri Sutrisna, Panca Rano, Khaerul Anwar, Nunu Nurhadi, Roy Karyadi, Kiki Nurdiansyah, Suprianto and one identified only as Ismail; prosecutors had asked for six-month sentences.

During the trial, 100 members of the FPI demonstrated in front of the courthouse, demanding that Barda and the others be immediately released. As each sentence was read out, the demonstrators shouted “Allahu Akbar [God is greater].”

The lawyer for Barda, Shalih Mangara Sitompul, said the verdicts brought about peace between both parties. His client was found guilty of incidents that took place on Aug. 1 and 8, 2010, he said, questioning why the Sept. 12 attack became the basis for criminal prosecution as Barda did not even encounter Pastor Simanjuntak on that date.

Sitompul said he would appeal the verdict.

Pastor Simanjuntak said the light sentences showed that the state was unable to fully enforce the law.

“This country is more afraid of the masses than standing for justice,” she said. “That’s what happened in the state court in Bekasi. With heavy hearts we accept the verdict.”

The stabbing victim, Sihombing, said that he was not surprised by the light sentences.

“The verdicts were not just, but I don’t know what else to do,” he said. “I’ve just got to accept things.”

Indonesia is a country that follows the rule of law, he said, and therefore it is not right to give a light sentence for stabbing.

“Even so, as a Christian and elder of the congregation, I have forgiven the person who attacked me,” he said.

Attorney Siagian said the sentences will fail to act as a deterrent.

“It passively encourages future violence in the name of religion by radical groups against minorities – not only against the HKBP church, but also against citizens in other areas,” he said. “Also, the verdict shows that the judge sides with those who committed violent acts in the name of religion, and it is a threat to pluralism and diversity in Indonesia.”

Report from Compass Direct News

One Dead as Islamist Mobs in Ethiopia Destroy Church Buildings

Total structures razed at 59; at least 4,000 Christians displaced.

NAIROBI, Kenya, March 7 (CDN) — At least one Christian was killed and others injured when thousands of Islamic extremists set fire to 59 churches and at least 28 homes in western Ethiopia in the past five days, Christian leaders said.

More than 4,000 Christians in and around Asendabo, Jimma Zone have been displaced as a result of attacks that began on Wednesday (March 2) after Muslims accused a Christian of desecrating the Quran by tearing up a copy, sources said.

“The atrocity is still going on, and more people are suffering,” said a source in Addis Ababa who is in close contact with area church leaders.

The Christian killed, believed to have been a member of the Ethiopian Orthodox Church, has not yet been identified.

“One Orthodox believer, whose daughter is a member of Mekane Yesus Church, has been killed,” an Ethiopian church leader told Compass. “Ministers were injured, and many more believers have been displaced.”

A pastor based in the Ethiopian capital of Addis Ababa noted that evangelical church leaders have reported the attacks to authorities and asked officials for help, but no action had been taken at press time.

“The church requested more police protection,” he said. “The authorities sent security forces, but they were overwhelmed by the attackers.”

After the destruction began at Asendabo, it spread to Chiltie, Gilgel Gibe, Gibe, Nada, Dimtu, Uragay, Busa and Koticha, as Muslim mobs in the thousands rampaged throughout the area, sources said.

“Police at the site are not taking any action – they just watch what is happening,” said another source. “It is difficult to estimate the attack in terms of deaths, since we have no access to any location.”

Those displaced are in shelters in Ako, Jimma, Dimtu and Derbo, he said.

“We are very concerned that the attack that began on March 2 in Asendabo, which is the rural part of Jimma, is now heading to Jimma town,” he said.

The extremists also destroyed an Ethiopian Kale Hiwot Church (EKHC) Bible school building and two church office buildings, the source said. Of the churches burned, he said, 38 belonged to the EKHC; 12 were Mekane Yesus buildings; six were Seventh-day Adventist structures; two were Muluwongel church buildings, and another belonged to a “Jesus Only” congregation.

“Women and children are the most affected in this sudden attack,” he said. “It is needless to mention the believers’ houses and properties burned down. The overall estimated cost, may be worth over 60 million birr [US$3.55 million].”

Anti-Christian attacks in western Ethiopia in 2006 killed at least 24 people.

“Attacks on the church have been a common occurrence in predominantly Muslim areas of Ethiopia like Jimma and Jijiga,” the source said, adding that Christians are often subject to harassment and intimidation.

Asendabo, in Oromia Region, is about 300 kilometers (186 miles) from Addis Ababa.

The attacks erupted as heavy fighting was taking place at the borders of Kenya, Ethiopia and Somalia. Ethiopian troops were trying to repel Islamic extremist al-Shabaab troops from Bulahawo, Somalia, near Mandera, Kenya, with several casualties and hundreds displaced.

Ethiopia’s constitution, laws and policies generally respect freedom of religion, but occasionally some local authorities infringe on this right, according to the U.S. Department of State’s 2010 International Religious Freedom Report.

According to the 2007 census, 44 percent of Ethiopia’s population affiliate with the Ethiopian Orthodox Church, 19 percent are evangelical and Pentecostal and 34 percent are Sunni Muslim.

Report from Compass Direct News

Vietnamese Authorities Demolish Home, Church Headquarters

Long-harassed Mennonite leader fought expropriation; 20 Bible students arrested, sent home.

HO CHI MINH CITY, Vietnam, December 17 (CDN) — An estimated 500 soldiers and police here cordoned off the church headquarters and home of the Rev. Nguyen Hong Quang on Tuesday (Dec. 14), and then heavy equipment operators quickly demolished the two-story building, sources said.  

Mennonite Pastor Quang and his followers did not interfere with the demolition, the local sources said, but an altercation occurred away from the scene in which authorities knocked him unconscious after he objected to the arrest of some 20 Bible school students. Though police tried hard to confiscate cameras and cell phones, the demolition and the church’s version of events made it onto videos available online.

The demolition was the culmination an expropriation battle over the property. The area of the city where the Mennonite center was located, Thu Thiem in District 2, has been zoned for urban development, and the government has been expropriating land for this purpose. Those who had built before 1992 got a set price per meter, and those like Pastor Quang who built after the government purportedly announced development plans were offered only half that amount.  

Pastor Quang, who has legal training, appealed and helped a number of neighbors to do so as well.

Victims of the Mennonite church expropriation said the government was using legal means as a pretext for suppressing their church.

“They are always looking for such excuses to suppress us,” said one leader who requested anonymity. “This event was carefully planned since at least September, when they started slandering Pastor Quang in the newspapers.”

Prior to the demolition, he said, various officials barged into the center and “terrorized” Pastor Quang’s family.   

“The demolition itself, involving hundreds of government people, was pulled off with great precision,” he said. “During the demolition, they not only cordoned off the site, but we hear they also disabled the cell phones of some other church leaders in the city.”

With a history of confronting government injustices and providing moral support to dissident groups, Pastor Quang has long been the object of official resentment. He and other Mennonites were arrested in 2004, and several spent time in prison for “resisting an officer doing his duty.” Strong international advocacy secured an early release for him.

On Tuesday (Dec. 14) he was moving 20 or so resident Bible school students to a place he had rented nearby in the event of heavy-handed action by the government. He peacefully objected to the arrest of the students, sources said, but police punched him and knocked him unconscious. He was taken to a nearby police lockup and released later that day.

Pastor Quang reluctantly accepted a key to a run-down apartment in a government resettlement block in order to provide shelter for his family. Authorities put the students on buses to their homes and warned them not to return to Ho Chi Minh City.

This year officials decided to attack Pastor Quang first with a smear campaign. Since September the state media, including the Saigon Giai Phong (Liberation) newspaper, have run articles falsely accusing him of sexual misconduct, including names of his alleged partners, among other allegations. They falsely accused him of being a counterfeit pastor who ordained himself and ran what appears to be a fabricated “testimony” of a Christian who condemns Pastor Quang’s character.  

One article in Saigon Giai Phong quotes Pastor Nguyen Quang Trung, the leader of another Vietnam Mennonite church group officially recognized in 2007, as saying Pastor Quang was expelled from the denomination for misconduct. Sources said this was false, but that five years ago the two men had a falling-out that resulted in a split into two Vietnam Mennonite Churches. A member of Pastor Quang’s leadership committee told Compass that their group has more than 5,000 Christians in six districts around the country.  

Rumors of the demolition circulated for a couple of days before the event took place, allowing the Mennonites to safely take away some but not all of their documents and equipment.

Today (Dec. 16) Saigon Giai Phong and other newspapers ran long, detailed articles on the “forced expropriation” event, portraying it only as a land issue and citing the relevant laws and the court documents. The description of the events surrounding the demolition differs radically from church accounts posted on the Web and verbal accounts given to Compass. The state media account says Pastor Quang fell, knocking himself out. Christians who witnessed the event said he was brutally punched.

“Apart from the malicious slandering of Pastor Quang in the state media, the authorities in this case were very clever in trying to stay within Vietnamese ‘law’ to take action against him,” said one house church leader. “And it is no accident that the Mennonite center was the first place targeted for forced demolition, even though other property owners are also appealing.”

Some Mennonites managed to contact a foreign embassy during the demolition. Embassy staff members contacted city officials who told them it was an action of the local District 2 and they could do nothing about it.

A leader of an unregistered house church denomination told Compass that Pastor Quang draws mistreatment by being too confrontational with officials on justice issues. Pastor Quang has long tried to help Vietnam’s powerless ethnic minority Stieng people, for example; his research showed their land was illegally taken by greedy officials.

After his release from prison in 2005, Pastor Quang had several confrontations with authorities over alleged violation of building codes, and sources said it was not surprising that authorities were deeply irritated when he appealed the expropriation offer and helped neighbors to do so as well. Authorities at one point dismantled part of the improvements he had made to his property, though Pastor Quang had argued that he had done no differently than all his neighbors who erected and improved their homes at a time when regulations were not clear.

Pastor Quang does not believe Mennonite leaders should be involved in politics per se. On Nov. 9 he published a statement called, “Basic Principles Guiding the Conduct of Mennonite Pastors,” in which he eschews involvement in politics and strongly reiterates the Mennonite position of nonviolence but affirms defending basic human rights and justice.  

Mennonite leaders admit to being discouraged at receiving the “Christmas gift” of the demolition but said they would regroup as soon as possible to carry on their work.  

Report from Compass Direct News

Recent Incidents of Persecution

Punjab, India, December 1 (CDN) — Hindu extremists on Nov. 14 beat a Christian in Moti Nagar, Ludhiana, threatening to harm him and his family if they attended Sunday worship. A source told Compass that a Hindu identified only as Munna had argued with a Christian identified only as Bindeshwar, insulting him for being a Christian, and beat him on Nov. 7. Munna then returned with a mob of about 50 Hindu extremists on Nov. 14. Armed with clubs and swords, they dragged Bindeshwar out of his house and severely beat him, claiming that Christians had offered money to Munna to convert. Local Christian leaders reported the matter to the police at Focal Point police station. Officers arrested three Hindu extremists, but under pressure from local Bharatiya Janata Party leaders released them without registering a First Information Report. Police brokered an agreement between the parties on Nov. 18 and vowed they would not allow further attacks on Christians.

Tripura – Hindu extremists attacked a prayer conference on Nov. 6 in Burburi, threatening Christians if they opened their mouths. A local evangelist known only as Hmunsiamliana told Compass that area Christian leaders organized a prayer conference on Nov. 5-7, but extremists ordered the participants not to open their mouth or make any sound. Christian leaders reported the threat to police, and the participants proceeded to pray aloud. On the nights of Nov. 6 and 7, a huge mob of Hindu extremists pelted the Christians with stones, but the participants continued praying. The meeting ended on the evening of Nov. 7 under police protection.

Chhattisgarh – Hindu extremists from the Vishwa Hindu Parishad (VHP or World Hindu Council) disrupted a Christian youth gathering in Raipur on Nov. 6 and accused organizers of forcible conversion. The Evangelical Fellowship of India reported that Vision India had organized the Central India Youth Festival with about 900 in attendance when the extremists stormed in at about 4:30 p.m. and began questioning leaders. The Christian and VHP leaders then held a meeting in the presence of police, with the Christian leaders explaining that it was a normal youth meeting with no forceful conversion taking place. Nevertheless, officers and VHP leaders proceeded to observe the gathering and proceedings, and the Christians were made to submit a list of participants. In this tense atmosphere, the meeting concluded at 10 p.m. under heavy police protection.

Madhya Pradesh – On Oct. 31 in Neemuch, Hindu extremists from the Bajrang Dal barged into a worship meeting shouting Hindu slogans and accused those present of forceful conversion. The Evangelical Fellowship of India (EFI) reported that about 40 extremists rushed into the church building at about 10 a.m. shouting “Jai Shri Ram [Hail Lord Ram].” The Rev. K. Abraham, who was leading the service, pleaded with them to come back later, but the invaders remained and continued shouting. After the service ended, the extremists rushed Abraham and accused the church of paying money to people to convert, as published in newspaper Pupils Samachar. The Christians said the newspaper published the false news because Abraham, principal of United Alpha English School, refused to advertise in it, according to EFI. The extremists grabbed a woman in the congregation who had a bindi (dot) on her forehead, claimed that she had been lured to Christianity and asked her why she was attending the service, according to EFI. “Where were you people when I was demon-possessed?” the woman replied, according to EFI. “You didn’t come to help me, but when I came to the church in God’s presence, these people prayed for me and helped me to get deliverance.”

Karnataka – Police on Oct. 29 detained Christians after Hindu extremists registered a false complaint of forced conversion in Kalammnagar village, Uttara Kannada. The Global Council of Indian Christians (GCIC) reported that at around 8:15 p.m. police accompanied extremists belonging to the Bajrang Dal, who along with members of the media stormed the Blessing Youth Mission Church during a worship service for senior citizens. They dragged out Ayesha Nareth, Hanumanta Unikal,Viru Basha Doddamani, Narayana Unikkal and Pastor Subash Deshrath Nalude, forced them into a police jeep and took them to the Yellapur police station. After interrogation for nearly six hours, the Christians were released without being charged.

Orissa – Hindu extremists refused to allow the burial of a 3-year-old Dalit Christian who died in Jinduguda, Malkangiri. The All India Christian Council (AICC) reported that the daughter of unidentified Christian tribal people fell ill and was taken to a nearby health center on Oct. 27. The doctor advised the parents to take the child to a nearby hospital, and the girl developed complications and died there. When the parents brought the body of the girl back to their village, according to AICC, Hindus refused to allow them to bury her with a Christian ritual. There are only 15 Christian families in the predominantly Hindu village. With the intervention of local Christian leaders, police allowed the burial of the body in a Christian cemetery.

Karnataka – On Oct. 6 in Beridigere, Davanagere, a Christian family that converted from Hinduism was assaulted because of their faith in Christ. The Global Council of Indian Christians (GCIC) reported that the attack appeared to have been orchestrated to appear as if the family provoked it. An elderly woman, Gauri Bai, went to the house of the Christian family and picked a quarrel with them. Bai started shouting and screaming for help, and suddenly about 20 Hindu extremists stormed in and began beating the Christians. They dragged Ramesh Naik out to the street, tied him to a pole, beat him and poured liquor into his mouth and onto his body. His sister, Laititha Naik, managed to escape and called her mother. Later that day, at about 8:30 p.m., the extremists pelted their house with stones, and then about 70 people broke in and began striking them with sickles, stones and clubs. Two brothers, Ramesh Naik and Santhosh Naik, managed to escape with their mother in the darkness, but the Hindu extremists took hold of their sister Lalitha and younger brother Suresh and beat them; they began bleeding and lost consciousness. The attackers continued to vandalize the house, damaging the roof and three doors with large boulders. The unconscious victims received treatment for head injuries and numerous cuts at a government hospital. Police from the Haluvagalu police station arrested 15 persons in connection with the assault.

Report from Compass Direct News

In Spite of Thief’s Confession, Christian Charged in Bangladesh

Primary suspect testifies convert from Islam was not involved, but police file charge anyway.

DHAKA, Bangladesh, October 1 (CDN) — Police in Nilphamari district have charged Christian day laborer Abul Hossen with cattle theft four days after the primary suspect confessed and testified that Hossen had no part in it, according to a defense attorney and a local official present in the courtroom.

Police submitted the charge sheet against the convert from Islam on Sept. 12, even though Sirajul Islam had confessed to the crime and testified on Sept. 8 that Hossen was not involved and that he did not know him. Hossen, arrested on Aug. 21 in Dubachari village some 300 kilometers (186 miles) northwest of Dhaka, was released on bail the same day that Islam testified to his innocence.  

Hossen’s lawyer, Alimuddin Bosunia, told Compass that in Islam’s confession before a judge in Chief Judicial Magistrate Court in Nilphamari district, the thief denied any involvement of Hossen in the cattle theft.

“I do not know him,” Islam testified, according to Bosunia. “That Abul Hossen who was with me during the theft is short in height, but this Abul Hossen is taller. This Abul Hossen was not involved in the cattle theft.”

Shamcharan Roy, chairman of the local government body known as a union council, corroborated Bosunia’s account of the confession.

“The thief present in the dock of the court confessed that he did not know the arrested Abul Hossen, and that Hossen was not involved in the cattle theft,” said Roy, a Hindu. “It remained somewhat of a mystery why police submitted the charge sheet against Abul Hossen. The arrest of Hossen on charges of cattle theft appalled me. It was a completely freakish incident.”

Roy, who said Hossen was released on bail of 5,000 taka (US$70) under his supervision, said that police initially investigated “based on the statement of the thief, but the thief’s second confessional statement in the court was the other way ’round.”

The union council chairman and Hossen’s lawyer did not elaborate further on Islam’s confession, but Hossen told Compass that Islam also testified that the local union council secretary of the ruling Bangladesh Awami League party and his associates initially incited the thief to accuse him. Christian villagers have said that influential Muslims had Hossen accused in order to discredit his ministry.

Hossen, 41, told Compass that police inquired about his conversion to Christianity in 2007 when they arrested him.

“After reaching the police station, police asked me bluntly whether I became Christian or not and when did it happen,” Hossen said. “I told them the month and the year of my conversion.”

Officers also asked him whether his wife and father were Christians, and he replied that his wife was a Christian and his father was a Muslim, he said.

“Then they asked, ‘Why did you become Christian? Did Christians offer you any money to become a Christian?’” Hossen said.

Local Police Chief Nurul Islam told Compass that authorities submitted the charge sheet in the court against the Christian convert on Sept. 12 based on Sirajul Islam’s initial statement.

“In the charge sheet, Abul Hossen is accused as a cattle thief who was an accomplice of another thief,” said Nurul Islam. “The main thief, Sirajul Islam, confessed to us that Abul Hossen was a thief and he was with them during the theft. We investigated the statement the thief told us against Abul Hossen, and we found him guilty.”

Immediately after Hossen’s arrest, more than 100 villagers weathered a heavy downpour to go to police and request that they free him. Police had arrested Hossen four days after the Aug. 17 theft.

He was baptized on June, 12, 2007 along with 40 other people who were raised as Muslims. Of the 41 people baptized, only seven remained Christian, with villagers and Muslim missionaries called Tabligh Jamat forcing the remaining 34 people to return to Islam within six months, sources said.

Muslims make up nearly 90 percent of Bangladesh’s population, with Hinduism the second largest religious affiliation at 9.2 percent of 153.5 million people. Buddhists and Christians make up less than 1 percent of the population.

Report from Compass Direct News

Christian Convert in Bangladesh Falsely Accused of Theft

Muslims said to use mistaken identity to stop activities of Christian who refused to recant.

DHAKA, Bangladesh, August 27 (CDN) — A Christian convert from Islam was falsely arrested for cattle theft last weekend in a bid by influential Muslims to stop his Christian activities, area villagers said.

Day laborer Abul Hossen, 41, was arrested on Saturday (Aug. 21) for alleged cattle theft in Dubachari village in Nilphamari district, some 300 kilometers (180 miles) northwest of the capital, Dhaka.

Christian villagers told Compass that Hossen was the victim of “dirty tricks” by influential Muslims.

“There is another Abul Hossen in the village who might be the thief, but his father-in-law is very powerful,” said Gonesh Roy. “To save his son-in-law, he imputed all the blame to a different Abul Hossen who is a completely good man.”

Hossen, who converted to Christianity from Islam in 2007, has been very active in the community, and Muslims are harassing him with the charge so his ministry will be discredited and villagers will denounce his faith, Roy said.

“If he can be accused in the cattle theft case, he will be put in jail,” Roy said. “He will be a convicted man, and local people and the believers will treat him as a cattle thief. So people will not listen to a thief whatsoever.”

Some 150 villagers, about 20 percent of them Christian, went to the police station to plea for his freedom, he and other villagers said.

Sanjoy Roy, a lay pastor with Christian Life Bangladesh, told Compass that Hossen was a fervent Christian and that some Muslims have been trying to harass him since his conversion.

“They are hoping that if he is embarrassed by this kind of humiliation, he might not witness to Christ anymore, and it will be easy to take other converted Christians back to Islam,” Sanjoy Roy said. “He is a victim of dirty tricks by some local people.”  

Hossen was baptized on June, 12, 2007 along with 40 other people who were raised as Muslims. Of the 41 people baptized, only seven remained Christian, with villagers and Muslim missionaries called Tabligh Jamat forcing the remaining 34 people to return to Islam within six months, sources said.

Local police chief Mohammad Nurul Islam told Compass that officers had arrested a cattle thief who confessed to police that his accomplice was named Abul Hossen.

“Based on the thief’s confessional statement, we arrested Abul Hossen,” said Islam. “There are several people named Abul Hossen in the village, but the thief told exactly of this Abul Hossen whom we arrested.”

Hossen denied the allegation that he was involved in cattle theft, Islam said.

“Hossen is vehemently denying the allegation, but the thief was firm and adamantly said that Hossen was with him during the theft,” he said. “Then we took Hossen on remand for three days for further inquiry.”

A former union council chairman who is Muslim, Aminur Rahman, also told Compass that Hossen was a scapegoat.

“He is 100 percent good man,” said Rahman, who also went to the police station to plea for Hossen’s freedom the day after his arrest. “There are two or three people named Abul Hossen in the village. Anyone of them might have stolen the cattle, but I can vouch for the arrested Abul Hossen that he did not do this crime.”

Whether Hossen is a Christian, Muslim or Hindu should not matter in the eyes of the law, Rahman said.

“He is an innocent man,” he said. “So he should not be punished or harassed. That is why I went to police station to request police to free him.”

Local government Union Council Chairman Shamcharan Roy, a Hindu from Lakmichap Union, told Compass that Hossen was not engaged in any kind of criminal activities.

“In my eight years of tenure as a union council chairman, I did not find him engaged in any kind of criminal activities,” said Shamcharan Roy. “Even before my tenure as a chairman, I did not see him troublesome in the social matrix.”

Immediately after Hossen’s arrest, Shamcharan Roy went to the police station and requested that he be freed, he added.

“I was under pressure from local people to free him from custody – more than 100 villagers went to the police camp, getting drenched to the skin in the heavy downpour, and requested police to free him,” Shamcharan Roy said. “Police are listening to a thief but are deaf to our factual accounts about Abul Hossen.”

In July 2007, local Muslims and Tabligh Jamat missionaries gathered in a schoolyard near the homes of some of the Christians who had been baptized on June 12, a source said. Using a microphone, the Muslims threatened violence if the converts did not come out.

Fearing for their lives, the Christians emerged and gathered. The source said the Muslims asked them why they had become Christians and, furious, told them that Bangladesh was a Muslim country “where you cannot change your faith by your own will.”

At that time, Hossen told Compass that Muslims in the mosque threatened to hang him in a tree upside down and lacerate his body with a blade. Hossen said the Muslims “do not allow us to net fish in the river” and offered him 5,000 taka (US$75) and a mobile phone handset if he returned to Islam.

“But I did not give up my faith, because I found Christ in my heart,” Hossen told Compass in 2007. “They threatened me with severe consequences if I do not go back to Islam. I said I am ready to offer up my life to Christ, but I won’t renounce my faith in Him.”

Report from Compass Direct News

Motive for Aid Worker Killings in Afghanistan Still Uncertain

Taliban takes responsibility, but medical organization unsure of killers’ identity.

ISTANBUL, August 12 (CDN) — The killing of a team of eye medics, including eight Christian aid workers, in a remote area of Afghanistan last week was likely the work of opportunistic gunmen whose motives are not yet clear, the head of the medical organization said today.

On Friday (Aug. 6), 10 medical workers were found shot dead next to their bullet-ridden Land Rovers. The team of two Afghan helpers and eight Christian foreigners worked for the International Assistance Mission (IAM). They were on their way back to Kabul after having provided medical care to Afghans in one of the country’s remotest areas.

Afghan authorities have not been conclusive about who is responsible for the deaths nor the motivation behind the killings. In initial statements last week the commissioner of Badakhshan, where the killings took place, said it was an act of robbers. In the following days, the Taliban took responsibility for the deaths.

The Associated Press reported that a Taliban spokesman said they had killed them because they were spies and “preaching Christianity.” Another Taliban statement claimed that they were carrying Dari-language Bibles, according to the news agency. Initially the attack was reported as a robbery, which IAM Executive Director Dirk Frans said was not true.

“There are all these conflicting reports, and basically our conclusion is that none of them are true,” Frans told Compass. “This was an opportunistic attack where fighters had been displaced from a neighboring district, and they just happened to know about the team. I think this was an opportunistic chance for them to get some attention.”

A new wave of tribal insurgents seeking territory, mineral wealth and smuggling routes has arisen that, taken together, far outnumber Taliban rebels, according to recent U.S. intelligence reports.

Frans added that he is expecting more clarity as authorities continue their investigations.

He has denied the allegation that the members of their medical team were proselytizing.

“IAM is a Christian organization – we have never hidden this,” Frans told journalists in Kabul on Monday (Aug. 9). “Indeed, we are registered as such with the Afghan government. Our faith motivates and inspires us – but we do not proselytize. We abide by the laws of Afghanistan.”

IAM has been registered as a non-profit Christian organization in Afghanistan since 1966.

Dr. Abdullah Abdullah, a former political candidate, dismissed the Taliban’s claims that team members were proselytizing or spying, according to the BBC.

“These were dedicated people,” Abdullah said according to the BBC report. “Tom Little used to work in Afghanistan with his heart – he dedicated half of his life to service the people of Afghanistan.”

Abdullah had trained as an eye surgeon under Tom Little, 62, an optometrist who led the team that was killed last week. Little and his family had lived in Afghanistan for more than 30 years with IAM providing eye care.

IAM has provided eye care and medical help in Afghanistan since 1966. In the last 44 years, Frans estimates they have provided eye care to more than 5 million Afghans.

Frans said he doesn’t think that Christian aid workers are particularly targeted, since every day there are many Afghan casualties, and the insurgents themselves realize they need the relief efforts.

“We feel that large parts of the population are very much in favor of what we do,” he said. “The people I met were shocked [by the murders]; they knew the members of the eye care team, and they were shocked that selfless individuals who are going out of their way to actually help the Afghan people … they are devastated.”

The team had set up a temporary medical and eye-treatment camp in the area of Nuristan for two and a half weeks, despite heavy rains and flooding affecting the area that borders with Pakistan.

Nuristan communities had invited the IAM medical team. Afghans of the area travelled from the surrounding areas to receive treatment in the pouring rain, said Little’s wife in a CNN interview earlier this week, as she recalled a conversation with her husband days before he was shot.

Little called his wife twice a day and told her that even though it was pouring “sheets of rain,” hundreds of drenched people were gathering from the surrounding areas desperate to get medical treatment.

 

The Long Path Home

The team left Nuristan following a difficult path north into Badakhshan that was considered safer than others for reaching Kabul. Frans said the trek took two days in harsh weather, and the team had to cross a mountain range that was 5,000 meters high.

“South of Nuristan there is a road that leads into the valley where we had been asked to come and treat the eye patients, and a very easy route would have been through the city of Jalalabad and then up north to Parun, where we had planned the eye camp,” Frans told Compass. “However, that area of Nuristan is very unsafe.”

When the team ended their trek and boarded their vehicles, the armed group attacked them and killed all but one Afghan member of the team. Authorities and IAM believe the team members were killed between Aug. 4 and 5. Frans said he last spoke with Little on Aug. 4.

IAM plans eye camps in remote areas every two years due to the difficulty of preparing for the work and putting a team together that is qualified and can endure the harsh travel conditions, he said.

“We have actually lost our capacity to do camps like this in remote areas because we lost two of our veteran people as well as others we were training to take over these kinds of trips,” Frans said.

The team of experts who lost their lives was composed of two Afghan Muslims, Mahram Ali and another identified only as Jawed; British citizen Karen Woo, German Daniela Beyer, and U.S. citizens Little, Cheryl Beckett, Brian Carderelli, Tom Grams, Glenn Lapp and Dan Terry.

“I know that the foreign workers of IAM were all committed Christians, and they felt this was the place where they needed to live out their life in practice by working with and for people who have very little access to anything we would call normal facilities,” said Frans. “The others were motivated by humanitarian motives. All of them in fact were one way or another committed to the Afghan people.”

The two Afghans were buried earlier this week. Little and Terry, who both had lived in the war-torn country for decades, will be buried in Afghanistan.

Despite the brutal murders, Frans said that as long as the Afghans and their government continue to welcome them, IAM will stay.

“We are here for the people, and as long as they want us to be here and the government in power gives us the opportunity to work here, we are their guests and we’ll stay, God willing,” he said.

 

Memorial

On Sunday (Aug. 8), at his home church in Loudonville, New York, Dr. Tom Hale, a medical relief worker himself, praised the courage and sacrifice of the eight Christians who dedicated their lives to helping Afghans.

“Though this loss has been enormous, I want to state my conviction that this loss is not senseless; it is not a waste,” said Hale. “Remember this: those eight martyrs in Afghanistan did not lose their lives, they gave up their lives.”

Days before the team was found dead, Little’s wife wrote about their family’s motivation to stay in Afghanistan through “miserable” times. Libby Little described how in the 1970s during a citizens’ uprising they chose not to take shelter with other foreigners but to remain in their neighborhood.

“As the fighting worsened and streets were abandoned, our neighbors fed us fresh bread and sweet milk,” she wrote. “Some took turns guarding our gate, motioning angry mobs to ‘pass by’ our home. When the fighting ended, they referred to us as ‘the people who stayed.’

“May the fruitful door of opportunity to embrace suffering in service, or at least embrace those who are suffering, remain open for the sake of God’s kingdom,” she concluded.

 

Concern for Afghan Christians

Afghanistan’s population is estimated at 28 million. Among them are very few Christians. Afghan converts are not accepted by the predominantly Muslim society. In recent months experts have expressed concern over political threats against local Christians.

At the end of May, private Afghan TV station Noorin showed images of Afghan Christians being baptized and praying. Within days the subject of Afghans leaving Islam for Christianity became national news and ignited a heated debate in the Parliament and Senate. The government conducted formal investigations into activities of Christian aid agencies. In June IAM successfully passed an inspection by the Afghan Ministry of Economy.

In early June the deputy secretary of the Afghan Parliament, Abdul Sattar Khawasi, called for the execution of converts, according to Agence France-Presse (AFP).

“Those Afghans that appeared on this video film should be executed in public,” he said, according to the AFP. “The house should order the attorney general and the NDS (intelligence agency) to arrest these Afghans and execute them.”

Small protests against Christians ensued in Kabul and other towns, and two foreign aid groups were accused of proselytizing and their activities were suspended, news sources reported.

A source working with the Afghan church who requested anonymity said she was concerned that the murders of IAM workers last week might negatively affect Afghan Christians and Christian aid workers.

“The deaths have the potential to shake the local and foreign Christians and deeply intimidate them even further,” said the source. “Let’s pray that it will be an impact that strengthens the church there but that might take awhile.”

Report from Compass Direct News

Trial over ‘Insulting Turkishness’ Again Yields No Evidence

Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, 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 for the past two years, ever 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.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News