Convictions Few in Anti-Christian Violence in Orissa, India

BJP legislator, a key suspect in Kandhamal violence, acquitted again and out on bail.

NEW DELHI, November 11 (CDN) — Following six acquittals last week in trials for those accused of the 2008 anti-Christian violence in India’s Orissa state and the release on bail of a key suspect, Christians are losing heart to strive for justice, according to a prosecuting attorney.

The acquittal of six suspects last week raises the total to 121, with just 27 convicted in the Orissa violence by Hindu extremists.

“The victims are so discouraged due to the increasing number of acquittals that they neither have hope nor motivation for the criminal revision of their cases in the higher court,” attorney Bibhu Dutta Das of the Orissa High Court told Compass.

He said the acquittals are the result of defective investigations carried out by police.

“This has been done intentionally, to cover-up the fundamentalists,” he said.

Das said that in many cases police fraudulently misrepresented the ages of culprits so that the ages of the accused in court would not match the age denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

“There can be two persons by the same name, so age is a major identification factor that is considered,” said Das.

Christian leaders in Orissa said the state government’s claims of justice for the victims of the anti-Christian violence ring hollow as the number of acquittals is far more than convictions.

An Orissa state Member of Legislative Assembly (MLA) who was facing charges in 14 cases of “murder, burnings and assaults” in last year’s Kandhamal district violence against Christians has been released on bail in one of the murder cases.

Manoj Pradhan, MLA from the Hindu extremist Bharatiya Janata Party (BJP) in G. Udayagiri block, faces a murder charge in a slaying in Tiangia village. The Orissa High Court awarded him bail in the case, and he was released from Phulbani jail on Oct. 30.

On that day he was also acquitted of arson in a house-burning in Banjamaha village due to “lack of evidence.” In trials relating to the Orissa violence of August-September 2008, the Hindu extremist perpetrators have reportedly intimidated many witnesses to keep them from testifying.

“With Manoj Pradhan, who has charges of murder against him, released on bail, this is a big threat to the witnesses of cases against him,” attorney Das told Compass.

If Pradhan remains free, Das said, he likely will be acquitted in all other cases as he will be able to threaten witnesses.

“Pradhan is already acquitted in six cases, whereas eight cases are still pending against him,” Das said.

Special Public Prosecutor Bijay Pattnaik told reporters that Pradhan was acquitted of the arson charge as only one witness stepped forward.

“He was let off for want of evidence as there was a lone witness in the case,” Pattnaik said. “Only the victim testified in the case, and the charges against Pradhan could not be proved.”

Fast Track Court-I Judge Sobhan Kumar Das on Oct. 30 acquitted Pradhan of the house burning, which took place on Oct. 1, 2008. Earlier Pradhan was acquitted in two murder trials due to “lack of evidence.”

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

Pradhan was arrested and jailed in October 2008 and was elected as BJP MLA from the G. Udayagiri constituency while in jail.

Three Years of Prison

On Oct. 29 a fast track court at Phulbani sentenced three persons to three years rigorous imprisonment for destroying evidence in the murder of a man during the 2008 attacks in Kandhamal. Judge Das also imposed a fine of 1,000 rupees (US$21) each on Senapati Pradhan, 65, Revenswar Pradhan and Tidinja Pradhan, both 62. Failure to pay the fine would result in an additional three months of prison.

The three men were charged along with seven others for killing tribal elder Sidheswar Pradhan in the village of Solesoru, Tikabali block, on Aug. 25, 2008. 

Prosecutors said the three men clubbed Sidheswar Pradhan to death in front of villagers and family members, and that his body was set on fire. But the Judge Das convicted the three only of destruction of evidence in the case, exonerating them of the murder charges saying, “It could not be proved.”

Padisti Nayak, a 65-year-old widow, was reportedly burned alive on the same day. She had stayed back and not fled even after hearing the news of violence against Christians, believing the attackers would not harm an elderly woman.

Twelve days later Iswar Digal, her son-in-law who had fled to a refugee camp, contacted a district magistrate for information about her. When authorities inspected the family’s gutted home in Solesoru, they found only charred human remains, flesh and bones, which they collected as evidence of the violence.

The court acquitted the other seven of all charges due to lack of evidence against them.

Nabijini Pradhan, nephew of Sidheswar Pradhan, told Asia News that his family has since been receiving death threats.

“I cannot believe the murderers were acquitted,” he reportedly said. “Our family is at risk; we are getting death threats; they want to eliminate us. They killed and burned my uncle’s body to destroy every shred of evidence.”

Human rights activist Dhirendra Panda, a Hindu, told Asia News that some investigators are linked to Hindu extremists.

“Justice has been derailed, and some investigators are linked to the Sangh Parivar extremists,” Panda reportedly said. “They are determined to protect the accused, willing to manipulate cases rather than ensure justice for victims. Now not only are the religious rights of the population undermined, but also the core values of humanity and democracy.”

Report from Compass Direct News 

INDONESIA: NEW BUILDING SITE FOUND FOR BIBLE COLLEGE

Officials promise to buy previous campus site and issue permit for new site.

JAKARTA, May 11 (Compass Direct News) – Officials of the Arastamar School of Theology (SETIA) in Jakarta are considering the purchase of a new campus site after violent protests last July led to the eviction of 1,400 students and staff members.

Indonesian officials on May 1 inspected land for the new campus site and promised to issue a building permit. But SETIA would be required to obtain permission from potential neighbors in Bambu Apus district, East Jakarta, before the school could be built.

Since protests by neighbors of the original campus in Kampung Pulo, some 1,200 remaining staff members and students have moved to three separate emergency locations across Jakarta, in some cases living in leaking tents and holding classes under trees.

In mid-March, SETIA director Matheus Mangentang met with Fajar Panjaitan, assistant to the deputy governor of Jakarta, to discuss the governor’s promise to provide an alternative campus.

At the meeting, the governor’s office promised to purchase the original campus site but stipulated that the city would pay only for the land, not the buildings. The Jakarta official also promised to improve temporary accommodation for the students and issue a building permit for a new campus in a different location.

Deputy Gov. Prijanto, who has only a single name, initially suggested that SETIA move to an empty factory some 60 kilometers (37 miles) away in Cikarang, West Java, but Mangentang refused on the grounds that SETIA would be charged approximately 50 million rupiah (US$4,800) per month in service and security fees.

On Feb. 9 students had gathered in front of the presidential palace to protest the lack of adequate college facilities.

“We are asking the government to take responsibility for finding us a new campus,” a representative of the student council identified only as Herdi told Compass.

About 450 students are living and studying at a Boy Scouts campground in Cibubur, another 250 are in a migrant’s center in Kalimalang and the remaining 500 are in an abandoned West Jakarta mayoral office that lacks basic facilities such as adequate running water and toilets.

Machetes and Acid

Urged on by announcements from a mosque loudspeaker to “drive out the unwanted neighbor,” hundreds of protestors shouting “Allahu-Akbar [“God is greater]” and brandishing machetes, sharpened bamboo and acid had forced the evacuation of staff and students from the SETIA campus in Kampung Pulo village on July 26- 27, following a misunderstanding between students and local residents. Attackers injured at least 20 students, some seriously.

Key among motives for the attack was that area Muslims felt “disturbed” by the presence of the Christian college. They wanted it to be moved to another area.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved 600 female students to the BUPERTA Boy Scouts campground, where they were later joined by 100 male students. A further 400 male students were accommodated at a migrants’ center in Bekasi, while 32 post-graduate students were accommodated in a housing complex in Kota Wisata, not far from the BUPERTA campground.

In October, camp managers asked students to vacate the campground for a Boy Scouts’ event. Over 1,000 students from the campground and other locations then moved temporarily to an abandoned mayor’s office in Jakarta, although 450 of those later returned to the campground.

When no attempts were made to begin renovations on the mayor’s office, Mangentang himself hired bricklayers and carpenters to install more toilets, repair damaged ceilings on two floors of the building and erect partitions to create 13 classrooms. But the building still lacks many basic amenities, according to staff members. Students carry well water into the building in large plastic drums for showers, toilets, laundry and cooking.

Fauzi Bowo, governor of Jakarta, had originally promised the students that they could return to their original campus at the end of the Muslim fasting month of Ramadan. He then promised to find a site for a new campus and provide an official building permit. When these promises proved slow to materialize, Mangentang insisted that the governor’s office shoulder costs for temporary accommodation.

Report from Compass Direct News

TURKEY: REGULATIONS HOBBLE PROTESTANT CHURCHES

Reclassifying buildings as places of worship nearly impossible.

ISTANBUL, December 15 (Compass Direct News) – In the city of Samsun on the north coast of Turkey, the beleaguered congregation of the Agape Church Association struggles against local Islamic hostility toward its presence.

In the last three years Agape church members have endured false allegations and verbal abuse from Muslim and nationalist locals. Their pastor has received death threats, and their building has been vandalized, all in an attempt to stop the 30 or so Christians from meeting.

Local authorities have also had their part in opposition to the church, threatening it with legal action based on spurious charges. Despite being an “association,” an official status that provides some legal protections and that the government encourages Christian congregations to obtain, the church was threatened with a lawsuit because members had hung verses of Scripture and a cross on the walls. The Provincial Directorate of Associations inspected the building and told them to remove the offending articles because their rented rooms looked too much like a church.

“We didn’t change the decorations, because having a cross or verses in a building is not a crime,” said Orhan Picaklar, pastor of the church. “If it were, then Muslim associations would have to take down their decorations: verses from the Quran, prayers of blessings and images of the Kaaba in Mecca. We didn’t change a thing.”

It was this sort of harassment that led the Alliance of Protestant Churches of Turkey (TEK) to write its latest report, published last month. TEK, established in 1989, represents 34 churches throughout Turkey and acts as a support and advocacy group.

The report focuses on the unfounded obstacles and challenges facing Christian congregations wishing to construct or reclassify church buildings. Authors of the report told Compass that congregations in principle should not have to meet under the pretext of an association, since the law in theory provides for the establishment of “places of worship.” They said the push on the side of authorities to form associations is in essence discriminatory.

“A place of worship for religious groups is crucially important; they need places of worship in order to survive and develop,” said a member of the TEK’s legal committee. “The process of becoming a place of worship, although legally possible, is in practice almost impossible. Because of that, we feel the need to put this issue on the agenda. We wanted to bring this issue to the attention of local and international bodies.”

In 2003 Public Works Statute 3194, which regulates the construction of religious buildings, was amended in response to pressure from the European Union. The revised regulation now uses the phrase “places of worship” rather than “mosques.” This has prompted Christians to apply for legal status changes for the “offices,” “residences” and “warehouses” in which they had been meeting.

This change in the law paved the way for Christian meeting places to be “rezoned” and legally registered as churches; applications for status change thus far, however, have been rejected by local municipalities on various grounds.

The Besiktas Protestant Church is awaiting a decision on its application to have its premises rezoned. No church has ever succeeded in such a quest.

“All the documents have been there for the last two years; it’s just been kept from coming,” said a member of the Besiktas church. “They don’t want to make a decision. That a group can take a non-church building and get it rezoned is not a precedent that they really want to see.”

Another step towards obtaining credence came from a change of law in 2005 that removed previous restrictions on forming associations. At least nine churches have submitted applications to their local authorities to register as such.

“The government is recommending that – they want churches to become associations,” said the Besiktas church member. “We may well do that.”

Although this is a major step forward in Turkish churches’ struggle to gain legitimacy, registering as associations has not always kept them from harassment and maltreatment.

“Being organized as an association does not rezone your building,” said the Besiktas church member. Only gaining legal status as a “place of worship” would make holding church services legal. “You’re holding church services in a place that’s set aside for that.”

Along with the Besiktas church, the TEK report cites the cases of four other congregations that are facing closure based on charges of violating zoning laws. It is this sort of harassment that congregations hope to prevent by changing the classification of their buildings.

Four further congregations have had requests to build “places of worship” rejected; in each case, authorities told them that no suitable location was available.

 

Objections

The report outlines three main problems facing congregations wishing to build their own premises.

The first is the size requirement for any new building site. The allocation criteria stipulate that a plot cannot be fewer than 2,500 square meters, an excessive and overly expensive amount of land for a congregation of 30-40, the average Turkish Protestant congregation.

The Samsun church is a case in point. It has met in rented apartments since its inception and been forced to move on numerous occasions.

“The place we use now is a rental, and if the owner wants to kick us out, we’ll be forced to change our church’s location,” said Picaklar. “They [authorities] stipulate that the land be 2,500 square meters. This is impossible for us, because to buy that big of a plot we would need 700,000 to 800,000 U.S. dollars.”

The second issue the report cites is the vagueness of the permission criteria by which civil administration is to award or reject applications. The report suggests that “there is much room for arbitrary discretionary decisions.”

Thirdly, the report berates the unfairness of application denials based on lack of resident Christian population in areas for proposed worship buildings.

The report points out that it is unlikely that the Turkish Protestant community, with a ratio of one member per 20,000 people, would ever have the requisite presence in a single locale to justify the construction of a church building.

 

Proposed Solutions

The TEK report concludes with suggested solutions to the challenges that have dogged its member congregations. It first urges that the national government do a better job of educating and overseeing local authorities.

“The ministries of the Interior and of Justice should not only inform their local offices of the rights of non-Muslim groups but should also adequately train their civil servants and make every effort to prevent rights violations,” the report states.

The report also urges that regulations governing plot and building size be relaxed.

“Communities should be given the chance to buy and build places of worship according to their own needs and resources,” it states. “Christians should be allowed to have small places of worship just like the Muslim masjid [privately owned mosque].”  

Report from Compass Direct News