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

Christian Jailed in Afghanistan to Face Judge on Sunday

Imprisoned since May, father of six has yet to learn charges against him.

ISTANBUL, November 16 (CDN) — An Afghani amputee in prison for his Christian faith since May will face a judge this Sunday (Nov. 21) without legal representation or knowledge of the charges against him, according to local sources.

Authorities arrested Said Musa, 45, on May 31, days after the local Noorin TV station broadcast images of Afghan Christians being baptized and worshiping. Though there were other arrests in May and June during the ensuing man-hunt against Christians, Musa is the only known Christian facing a court case.

Turning from Islam is a capital offence under strict Islamic laws still in place in Afghanistan, which was wrested from the Taliban regime’s hard-line Islamist control in 2001.

The subject of Afghans leaving Islam for Christianity became national news following the Noorin TV broadcast and ignited a heated debate in the country’s parliament and senate. In early June, the deputy secretary of the Afghan parliament, Abdul Sattar Khawasi, called for the execution of converts.

“Those Afghans that appeared on this video film should be executed in public,” he said, according to news sources. “The house should order the attorney general and the NDS [National Directorate of Security] to arrest these Afghans and execute them.”

In June authorities forced Musa to renounce Christianity publicly on television but have continued to hold him in prison without revealing accusations against him. In prison, Musa has openly said he is a follower of Jesus.

In a hand-delivered letter penned last month to the church worldwide, U.S. President  Barack Obama and the heads of NATO’s International Security Assistance Forces, Musa wrote that he was physically and verbally abused by his captors and other prisoners at Ouliat Prison in Kabul.

In broken English, he wrote: “I am very and very in a bad condition in the jail,” and elsewhere in the letter, “I am alone between 400 of terrible wolves in the jail, like a sheep.”  

In the two-page letter, a copy of which Compass received in late October, Musa addressed Obama as “brother” and pleaded with the international community: “For [the] sake [of the] Lord Jesus Christ please pray for me and rescue me from this jail otherwise they will kill me because I know they [have] very very very cruel and hard hearts.”

Musa wrote of being sexually abused, beaten, mocked, spat on and deprived of sleep because of his faith in Jesus. He wrote that he would be willing to suffer for his faith in order to encourage and strengthen other Christians in their faith.

Musa also described how he had repented for denying his faith publicly: “I acknowledge my sin before [the] Lord Jesus Christ: ‘Don’t refuse me before your holy angels and before your father because I am a very very weak and [sinful] man.’”

In his letter, Musa alluded to the lack of justice he faced in prison, saying that the prosecutor had given the judge a false report about him and demanded a bribe from the Christian.

Integrity Watch Afghanistan, an anti-corruption monitor, recently reported that corruption in Afghanistan is rampant and has doubled since 2007. Most Afghans polled in its 2010 report said that state corruption was fueling the Taliban’s growth. Bribes are frequently required for everything from health care to dealing with state bureaucracy.

 

Prison Transfer

Days after the letter was circulated, quiet diplomacy resulted in authorities transferring Musa to a different prison, to keep him separate from prisoners who would likely abuse him for his faith. He is now held at the Kabul Detention Center in the Governor’s Compound.

A state-assigned lawyer has refused to represent him because of his faith. No other lawyer has been willing to represent him, though he has sought legal help.

Musa, known as Dr. Musa, has worked for the International Committee of the Red Cross in Kabul for 15 years fitting people for prosthetic limbs. He also has a prosthetic leg. Married and the father of six young children, he has been a Christian for eight years. His name is also phonetically spelled Sayed Mossa.

For the first two months of his detainment, sources said, Musa’s employer and family could not find out where authorities were holding him. During that time his wife received threats that she must leave Musa. Authorities have so far denied his family access to his file, which includes the charges against him. It is believed that the charges could include apostasy and possibly espionage.

Local Christians and religious freedom monitors have expressed concern that Musa may be made an example.

“The court case against Said Musa is unique,” said one religious freedom advocate, a Christian, under condition of anonymity. “Authorities usually don’t want court cases against Christians. This is high profile, as Musa has been on TV and was put under pressure to deny his faith publicly. This is a kind of a test case to see which law prevails in the country: sharia [Islamic law] or international agreements.”

Afghanistan’s population is estimated at 29 million, with very few Christians among them. Afghan converts from Islam are not accepted or recognized by the predominantly Muslim society. In recent months experts have expressed concern over political threats against local Christians, and many, including those exposed by Noorin TV’s broadcast, have fled the country. Christians who remain are afraid, according to sources.

“Dozens of Afghan Christians left their homes, as the authorities were actively looking for Christians after the television programs,” said the religious freedom monitor.

In the face of societal stigmatization, Christians who dare to meet do so in small groups at homes. Sources report that since the hostilities in May and June, Afghan Christians are very intimidated.

Afghanistan ranks sixth on Christian support oganization Open Doors’ World Watch List of countries where Christians are persecuted.

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

“It seems that this measure of religious freedom does not apply to those who have turned away from Islam,” said the religious freedoms monitor. “They are seen as apostates, traitors of their faith and country.”

Report from Compass Direct News