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

Judges Rule Church in Bekasi, Indonesia Can Worship

Court revokes decree prohibiting Christian activities of HKBP Filadelfia.

JAKARTA, Indonesia, September 15 (CDN) — A court in West Java Province has revoked a local decree that forbade Christian activities of a church in Bekasi and has ordered officials to allow the Christians to establish a place of worship.

After months of conflict and legal battles, the State Administrative Court in Bandung on Sept. 3 revoked the Dec. 31, 2009 decree prohibiting Christian activities of Batak Christian Protestant Filadelfia Church (Huria Kristen Batak Protestant, or HKBP Filadelfia) in Jejalan village, Bekasi. The church had argued that the decree, along with the closure of their worship building on Jan. 12, resulted from pressure by Islamist groups that did not represent the wishes of the area residents.  

The Rev. Palti Panjaitan of HKBP Filadelfia said he was happy that the church at last had found fair authorities who based their decisions on the rule of law, “unlike the regent of Bekasi, who often has been unjust in making a decision by tending to side with a small group of people.”

Since 2008 HKBP Filadelfia has sought permission for a place of worship from Bekasi Regent H. Sa’duddin, who declined to grant it under pressure from a small group of Islamists called the Forum Islamic Ummah Jejalen Raya Bekasi, according to church leaders. The group succeeded in pressuring the Bekasi district to seal the church’s temporary worship place on Jan. 12.

As a result, the church had been holding services on a strip of roadside land in front of the temporary site, using umbrellas to protect them from the intense heat of the sun and from sudden rainstorms.

The judges, identified only as Setiobudi, Irna, and Susilowati, ruled that the regent of Bekasi should issue a permit for the church to establish a place of worship.

“This point is important because if the regent of Bekasi does what the judge said, then we will build our church and no longer serve in the hot sun and the rains that sometimes come unexpectedly,” Pastor Panjaitan said.

He said the church will give notice to the area residents, government officials and security forces to accept the decision of the administrative court.

The regent was given 14 days to appeal, and a member of the church legal team, Parasian Hutasoit, said that the regent has no legal grounds to reject the judges’ decision.

“The decree of the regent of Bekasi is contrary to the constitution of 1945, which is the constitutional foundation of the Republic of Indonesia,” Hutasoit said. “The decree had violated Article 28 of the constitution, which guarantees freedom of religion. Also, it was contrary to Article 29, which guarantees freedom of worship and Law No. 39, 1999, concerning human rights.”

HKBP Filadelfia is now able to worship in the building that was sealed by the regent in January, he said.

Regent Sa’duddin had ruled that the church needed to find a new place to construct its prospective permanent church building because local residents had rejected it – even though the church had secured approval from local residents when it submitted its application for a permit in 2008.

The local government never acted on the application, and Islamist organizations organized protests to pressure government officials to deny approval. The church on March 30 filed suit against Sa’duddin for unilaterally closing their building under construction.

Hutasoit said church leaders would try to approach the regent to discuss the matter further.

“We need not hurry to do that, because all that happens is God’s plan,” he said.

If efforts prove unsuccessful, then the church leaders will proceed to enforce the judges’ ruling through legal means, he said.

Report from Compass Direct News

Church Closure in Indonesia Called Unconstitutional at Hearing

Representative for HKBP congregation in West Java tells court sealing was illegal.

JAKARTA, Indonesia, June 18 (CDN) — In a hearing in its lawsuit against a local government, a representative for a church that Bekasi, West Java officials summarily closed earlier this year told an administrative court that the action was unconstitutional.

The Huria Kristen Batak Protestan (HKBP) Filadelfia church had filed a lawsuit on March 30 against the local government for its Jan. 12 sealing of the building under construction. Regent H. Sa’adudin on April 12 issued a decree to cease worship and other activities.  

At a court hearing on June 2, the coordinator of the litigation team, Thomas Tampubolon, explained that the regent’s decree of Dec. 31, 2009 to seal the building conflicted with Indonesia’s 1945 constitution. He said the decree violated Article 28 of the constitution, which guarantees freedom of religion.

“It also violates Article 29, which guarantees freedom of worship, and Law No. 39 (1999) concerning human rights,” Tampubolon said as he read the suit to an administrative court.

Tampubolon said that the decree also violated 2006 Joint Ministerial Decree No. 9 regarding the role of regional administrators in maintaining harmony between religious groups and in the construction of houses of worship.

Lastly, he said that the regent’s decree violated the International Covenant on Civil and Political Rights, which Indonesia ratified in 2005. The legal team requested that the Bandung Administrative Court issue an injunction staying the decree of the Bekasi regent.

Additionally, the team requested that the regent’s order be rescinded and that he be ordered to process the building permit request and to grant permission to construct a house of worship in accordance with current regulations.

Deddy Rohendi, a member of the regency defense team, replied that Tampubolon’s claims were false, and he requested that the court dismiss the suit.

“The regent’s decree was legal,” Rohendi said.

As the judges are considering the HKBP Filadelfia’s case, they are expected to travel to the village to interview citizens about the church building.

A member of the legal team who is also a member of the church, Parasian Hutasoit, said that the Filadelfia congregation was very upset with the Department of Religion and the Interfaith Harmony Forum because neither had acted upon the request for permission to build which was submitted on April 2, 2008.

“Our application has not been acted upon, and suddenly our church is sealed without clear reason,” he said.

Hutasoit said he regretted that the church had been forced to resort to court action. He added that he hopes the suit will force the government to show more care regarding the problem of places of worship and ensure the rights of groups such as HKBP Filadelfia that have obtained the required signatures of local people.

 

Harrassed

Prior to the hearing, Muslim opponents harassed the church’s Sunday worship, demonstrating against it on May 30, as they have on past occasions.

The group of women and children said they were from the Islamic Communications Forum of Jejalan Raya village. They gathered at 8 a.m. in order to hinder church members from worshipping in the area in front of the sealed building.

The Rev. Palti Panjaitan explained that the demonstration lasted about 15 minutes, ceasing after a community leader from Jejalan Raya village told the demonstrators they were causing a disturbance. Worship for the church is normally from 9 to 11 a.m.

“Only the building committee and the church leaders had come,” said Panjaitan.

He recounted that on May 27 the church learned a mob was going to demonstrate the next day and notified police.

“Apparently the demonstrators thought that because Friday was a holiday, we would have services,” Panjaitan said. “Actually, we did not have anything.”

He wished that the police would be more proactive about demonstrations. “As for the demonstrators, what more do they want? We have been forced to worship under the sky, on newspapers, in front of our sealed church, and they still demonstrate against us,” Panjaitan concluded.

On Jan. 3, a mob unrolled mats and sat in front of the church. “They wanted to keep us from worshipping,” Panjaitan said.

 

Seal Order

The Filadelfia Church was founded in April 2000 by Batak families in four village divisions in the North Bekasi area. They held Sunday worship in different homes on a rotating basis.

Citizens from the Islamic Communications Forum of Jejalan Raya village were disturbed by these house services. After the house services were banned, the congregation searched for a piece of land on which to build.

On June 15, 2007, HKBP Filadelfia was able to purchase land from a woman identified only as Sumiati. The Christians told her that they wished to build a church on the property, and Sumiati and her heirs signed affidavits stating that they agreed to this use. The Bekasi government issued the deed on Sept. 26, 2007.

After the purchase, the church began collecting signatures of local citizens in order to satisfy the requirements of 2006 Joint Ministerial Decrees No. 8 and No. 9 requiring at least 90 Christians and at least 60 non-Christians agreeing to construct a church building.

The church quickly obtained the required signatures, and on April 2, 2008 the head of Jejalan Raya village issued a letter recommending that the congregation be given a building permit. The letter was addressed to the Regent of Bekasi with copies to the Department of Religion, the Interfaith Harmony Forum and the District Officer of Tambun Utara (a sub-district of Bekasi).

Since then, nothing has been done. No building permit has been issued. Since Jan. 12 the Bekasi Regency Government has sealed the temporary building the church had been using. As a result, the congregation has been holding services in front of the building fence in the open air.

Umbrellas protect them from the tropical sun, where temperatures often reach 33 degrees Celsius (92 degrees Fahrenheit), and occasional rainstorms hit.

Report from Compass Direct News

Two Iranian Christian Women Acquitted of all Charges

Young converts previously held in prison for Christian activities have fled country.

ISTANBUL, May 27 (CDN) — Nearly five months after releasing them from prison, an Iranian court has acquitted two women of all charges related to being Christians and engaging in Christian activities.

Iranians Maryam Rostampour and Marzieh Amirizadeh Esmaeilabad were arrested on March 5, 2009 and detained on charges of “acting against state security,” “taking part in illegal gatherings” and “apostasy” (leaving Islam) under Iran’s Revolutionary Court system.

After nearly eight months, on Nov. 18, 2009 authorities released them conditionally.

Although the court hearing their case originally set April 13 as their trial date, Compass was unable to confirm on what date the two women were acquitted, nor the conditions of their acquittal.

Senior Iranian judges and officials repeatedly intimidated the two women and pressured them to recant their faith, according to a press statement by Elam Ministries last week.

“They were warned that any future Christian activity in Iran will be seriously dealt with,” according to the statement.

Elam Ministries said the two women had fled Iran on Saturday (May 22) to an undisclosed location and were recovering.

Another Iranian convert who was forced to flee his country under similar circumstances years ago told Compass that he believed the intense lobbying efforts to release and acquit the women brought the government to an unspoken “standoff” with Christian rights groups outside the country.

“I think the court just made a political decision, ‘We will let you go, but we will not allow you to stay in the country,’” said the Iranian Christian, who requested anonymity. “That’s a pretty old-fashioned procedure they have – ‘We will let you go if you leave the country. You can have your faith, but not here.’”

In general, when Iranian authorities arrest Christians, they release them on bail within a few weeks and keep their case files open, thus applying soft pressure while allowing them to continue living in Iran. In cases where the government wants to remove Christians from the country because of their Christian activities, authorities have handed the Christians their passports and documents and told them to leave.

Iran’s government views all Christian activities as foreign intervention and thus a threat to national security. The two women’s families had hired a private lawyer.

Since their release, the young converts to Christianity had been waiting for a trial date and decision from an Iranian court to decide their fate as Christians living their faith. During this time, sources said that authorities watched them closely and that the two women were under “pressure” and received threatening phone calls.

“The government would not want them to stay in the country as heroes,” said the Iranian Christian. “It would be better for the government if they left Iran and didn’t become a positive example for the rest of the Christian community in Iran. Otherwise they would create a precedent of [Christians] who have not denied their faith, who have been acquitted and still live as Christians inside the country.”

The two women thanked Christians who have been praying for them, according to Elam.

“We hope to eventually share some of what the Lord allowed us to go through to highlight the need and the opportunity for the church in Iran, but right now we will take time to pray and seek the Lord for His will,” said Rostampour, according to Elam’s press statement.

Iran’s Constitution gives Christians “protected” religious minority status, but in practice they face substantial societal discrimination, according to the U.S. Department of State’s International Religious Freedom Report 2009.

An article mandating death for apostates in accordance with sharia (Islamic law) reportedly has been stricken from a draft penal code, but experts on Iran say The Council of Guardians and Iran’s Supreme Leader still have the final say on who receives capital punishment for leaving Islam.

Report from Compass Direct News

New Evidence Stalls Murder Trial in Malatya, Turkey

Defense lawyers’ absence also prolongs case that court wants closed.

MALATYA, Turkey, April 21 (CDN) — On the eve of three-year commemorations of the murders of three Christians in southeast Turkey, defense lawyers’ absence and new evidence kept a Malatya court from concluding the case here on Thursday (April 15).

Two defense lawyers excused themselves from the hearing, rendering the judges unable to issue a verdict to the five defendants charged with the murders of three Christians in Malatya on April 18, 2007. Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske, who worked at a publishing house that distributed Christian material in this southeastern Turkish city, were found murdered three years ago.

At Thursday’s hearing, prosecuting lawyers presented a 28-page detailed request that the Malatya case be joined to a plot called Cage Plan, believed to be part of Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures.

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 named naval officers, termed as “operations” the murders of the three Christians in Malatya, the 2006 assassination of Catholic priest Andreas Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos. The aim of the Cage Plan was to destabilize the government by showing its inability to protect Turkey’s minority groups.

Last week newspapers 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.

Judges will announce a decision on whether to combine the Malatya murders with the Cage Plan at the next hearing, scheduled for May 14. Hearings for the Cage Plan are expected to begin on June 15.

“If you ask me, unfortunately at this exact moment we are exactly where we started,” said prosecuting lawyer Orhan Kemal Cengiz. “I’m not talking about public awareness. In terms of public awareness, of course our contribution is something substantial. But in terms of evidence and exposing the real network, we couldn’t get anywhere.”

Judges also decided to call a new witness in May. Burak Dogru, a convict serving time in Sivas, wrote a letter to the court accusing suspect Varol Bulent Aral of organizing the murders and offering him money to kill the three Christians.

“When I refused the offer, he told me to forget what I knew, otherwise I would not see the sunlight again,” he wrote in his letter, reported the Hurriyet Daily News.

In the last court hearing two months ago, the court rejected the prosecuting attorney team’s appeal that the Malatya murders be joined to the Ergenekon file, despite a police report showing links between the two cases.

Cengiz said he believes that the Malatya prosecutor is missing an opportunity to collect more evidence that could connect the Malatya murders to the Ergenekon case.

“The Ergenekon prosecutor is drowning in the files,” said Cengiz. “This [Malatya] prosecutor has enough time and resources because he is in a position to have direct contact with first-hand evidence. But I think he is intimidated and is just trying to get rid of the case as soon as possible. This case is a hot potato for the prosecutor, and he just wants to throw it away as soon as possible.”

In February’s hearing, prosecutors detailed accusations against the five young men accused of slaughtering the Christians – Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim – and demanded three consecutive life sentences for each of them if convicted. The five men are charged with murder, being part of a terrorist organization, holding citizens against their will and stealing.

“We may not have proved that this case is linked to Ergenekon and other shadowy networks,” said Cengiz. “But I think we convinced everyone in Turkey that this murder was not committed by [just five men]. We may not convict them, the network, before the court, but we already convicted them in the eyes of the public. I wish, of course, that we could also do that before the law. But at this stage this evidence and this file doesn’t seem to me capable of doing this.”

Graveyard Memorials

In churches and at various memorial services on Sunday (April 18), Christians around Turkey commemorated the deaths of the three slain men.

Scores of people came to the graves of Aydin in Izmir, Tilmann in Malatya and Yuksel in Elazig, an hour northeast of Malatya, to commemorate the deaths. The Malatya murders have become a milestone for the Turkish church, which is also eager for closure on the murder case and justice for those responsible.

“For the church, it’s another one of those events in life which we don’t understand but entrust it to the hands of a loving God who we believe in,” said Zekai Tanyar, chairman of the Association of Protestant Churches in Turkey. “I think one aspect is that the church in Turkey said this does not pull us away from the Lord; we continue to follow Him. It’s probably brought in sort of a depth in some ways, and it has certainly brought in awareness from the worldwide church, and therefore more prayer for Turkey.”

Tanyar said that while churches want to see closure for the sake of the families who lost their loved ones, they also want “the truth, the real culprits and mindsets behind the killings to be revealed somehow. So in a sense, our prayer is that God who is the worker of miracles will work these two contradictory expectations out; a closure and an exposure at the same time.”

Report from Compass Direct News 

Islamic Extremists in Somalia Kill Church Leader, Torch Home

Al Shabaab militants execute pastor; government-aligned Islamists burn house containing Bible.

NAIROBI, Kenya, March 24 (CDN) — Islamic militants in Somalia tracked down an underground church leader who had previously escaped a kidnapping attempt and killed him last week, Christian sources said.

Islamic extremist al Shabaab rebels shot Madobe Abdi to death on March 15 at 9:30 a.m. in Mahaday village, 50 kilometers (31 miles) north of Johwar. He had escaped an al Shabaab attempt to kidnap him on March 2.

Abdi’s death adds to a growing number of Christians murdered by Islamic militants, but his was distinctive in that he was not a convert from Islam. An orphan, Abdi was raised as a Christian.

Sources said the militants prohibited his body from being buried, ordering that it be left to dogs as an example to other Christians. Al shabaab, which is fighting the Transitional Federal Government (TFG) of President Sheikh Sharif Sheik Ahmed, has embarked on a campaign to rid the country of all non-Muslims.

“The al Shabaab say, ‘Leaving Abdi’s body outside is a warning to all that a murtid [infidel] is a disgrace to Muslims,’ hence creating fear to whoever would like to choose Christianity,” said a source.

In 2009 Islamic militants in Somalia sought out and killed at least 15 Christians, including women and children. This year, on Jan. 1 Islamic extremists shot an underground church leader to death. Having learned that he had left Islam to become a Christian, al Shabaab members murdered 41-year-old Mohammed Ahmed Ali after he had left his home in Hodan, on the outskirts of Mogadishu.

House Burning

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 Ahmed has embraced a version of sharia (Islamic law) that mandates the death penalty for those who leave Islam.

Ahmed was formerly the leader of the Islamic Courts Union (ICU), an Islamist array of sharia judges and militants that vied for power after losing control of much of southern Somalia at the end of 2006. A contingent of the ICU reached a power-sharing agreement with the TFG in January 2009 that resulted in the election of Ahmed as president.

The ICU still exists under the auspices of Ahmed’s TFG, and alleged members of the ICU last month set fire to the house of an underground church member they suspected of having left Islam. The gutted house is located on the outskirts of Mogadishu.

Having learned that there was a Bible and Christian pamphlets inside, the angry militants stormed the house in Hamarwien district of Mogadishu on Feb. 17 at 1:15 p.m. as a warning to those who dare possess any Christian literature, sources said.

“Since there is no law and order in this country, there is no one we can turn to for protection,” said the owner of the house, who requested anonymity and has relocated to another city. “But we know that we’re covered with the blood of Jesus Christ.”

The assailants looted the home before setting it afire. Area residents tried to extinguish the blaze, which left the house uninhabitable.

“I saw smoke coming out of the house, then I ran outside and I saw two men coming out of the house with a bucket of gasoline,” said a neighbor who sought anonymity. “One of the men was shouting, ‘Allah Akbar! Allah Akbar [God is Greater],’ then they entered a waiting car and drove off.”

An eyewitness told Compass that after the looting, the ICU extremists belonging to the TFG locked the doors before setting it on fire. At the time of the attack, there was one New King James Version of the Bible, along with some copies of Christian pamphlets that had been printed off of the Internet, according to sources.

They said they did not know who leaked information about the existence of Christian literature in the house.

“There were Christian books in the house at the time of the looting and arson attack,” said one church leader.

Islamic militants have displayed an unusual brutality in hunting down suspected converts to Christianity, with leaders of the underground church movement being executed as a means of discouraging others from joining the growing church. 

Report from Compass Direct News 

Turkish Court Pushes to Close Malatya Murder Case

Judges reject request to investigate links to suspected masterminds.

MALATYA, Turkey, February 24 (CDN) — On Friday (Feb. 19) judges eager to wrap up the trial over the murder of three Christians here rejected plaintiff appeals to investigate the suspected masterminds behind the stabbing deaths.

At the 24th hearing regarding the 2007 murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske in this city in southeastern Turkey, the prosecution demanded three life sentences without chance for parole for each defendant.

Judges and prosecutors pushed for a conclusion to the case that has lasted nearly three years. In the last few weeks the Istanbul prosecutors sent a police report to Malatya’s Third Criminal Court linking the murders to a larger “deep state” operation led by a cabal of retired generals, politicians and other key figures called Ergenekon. The judges, however, rejected plaintiffs’ requests that the Malatya court further probe into the possible links between the two operations.

In a 17-page statement, prosecutors detailed accusations against the five young defendants, Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, and demanded three consecutive life sentences for each of them if convicted. The five men are charged with murder, being part of a terrorist organization, holding citizens against their will and stealing.

The prosecutors’ recommended sentence is the maximum possible in the case. Plaintiff and defense lawyers are to present their rebuttals to the proposed punishment at the next hearing, scheduled for April 15.

“They requested the highest possible penalty, however, we are defeated in this case when we consider that these five guys are part of a bigger plan . . . and this incident occurred as part of this plan,” said plaintiff lawyer Murat Dincer in a press briefing after the hearing.

Dincer said the recommended sentence takes into account only the five young men and not the suspected high-level officials who planned the murder. He and his colleagues said bringing those behind the scenes to justice is still a possibility, and that therefore they would evaluate the proposed sentence and make their petition accordingly.

“The trial is important in the sense that we expected such a penalty, but we did not want them [prosecutors] to stop searching for connections with Ergenekon,” said plaintiff lawyer Erdal Dogan.

Over the last three years, plaintiff lawyers have presented volumes of evidence showing how the Malatya murders were just one operation in a series of many targeting the country’s Christian minorities in an effort to destabilize the current Islamic-leaning government.

On behalf of the team of plaintiff lawyers, Dogan told judges in court that research into a recent indictment over a stash of military artillery found on the property of a foundation in the Istanbul suburb of Poyrazkoy showed there were links to violent attacks against Christians. He cited the 2006 murder of Catholic priest Andreas Santoro in Trabzon, the kidnapping of a Syrian Orthodox priest in Mardin, the stabbing of a priest in Izmir and threats against the pastor of the Protestant church in Samsun all in the last three years.

The Poyrazkoy indictment took place within the context of the Ergenekon probes. The murder of the Armenian Christian editor of Agos in Istanbul three months before the April 18, 2007 Malatya murders has also been linked to the Ergenekon investigation.

Dogan speculated that the court decision to start bringing the trial to a close without further probes into Ergenekon links may have sprung from last week’s decision by the Supreme Board of Judges and Prosecutors to disqualify four prosecutors in Erzurum in a judicial power struggle over other investigations into the alleged clandestine operation.

“It may be that the prosecutors are nervous because of that,” said Dogan. “Because among those implicated in Malatya is an army commander, a gendarmerie commander, soldiers and professors, so it may have made them nervous in that sense. That’s why they want to drop it at this point.”

Plaintiff lawyers said that the latest decisions do not necessarily mean the end of investigation into the links between Ergenekon and the Malatya murders. If by the end of the Malatya murder case the Istanbul prosecutors have not outlined an action plan directing the court to pursue Ergenekon leads and the case is closed, plaintiff lawyers said they are ready to take the case to the Supreme Court of Appeals.

“But of course we wish those connections would be made here,” said Dogan.

Report from Compass Direct News 

EU Visit to Orissa, India Triggers Barrage of Accusations

Hindu nationalists protest delegation as Christians cite injustices.

NEW DELHI, February 8 (CDN) — A delegation from the European Union concluded a “fruitful” trip to India’s violence-torn Orissa state on Friday (Feb. 5) amid a swirl of protests by Hindu nationalist groups and cries of injustice by Christians.

The delegation was able to hold “open and frank” discussions with Kandhamal officials on the visit, said Gabriele Annis of the Embassy of Italy.

“We had a very good meeting with the Kandhamal district administration,” Annis told reporters. “It is fruitful. We had open and frank discussion. It helped us in understanding the situation and understanding happenings over the past 15 months.”

The delegation was led by Christophe Manet, head of Political Affairs of the European Commission delegation to India and consisted of members from Spain, Hungary, Poland, Ireland, Italy, Netherlands, the United Kingdom, Finland and Sweden. A delegation from five European countries had visited Orissa earlier in November 2009, but the government of Orissa denied them permission to visit Kandhamal district, where Christians say they continue to be threatened and destitute.

Archbishop Raphael Cheenath said on Saturday (Feb. 6) that despite the claims of the state and district administrations, life for the Christian victims of violence in August-September 2008 remains far from normal: thousands still live in makeshift shanties along roadsides and in forests, he said, and local officials and police harass them daily.

“The block officers have been playing with the facts, indulging in corrupt practices and cosmetic exercises whenever political and other dignitaries come to visit or inspect,” the archbishop said in a statement. “Innocent people are coerced into giving a false picture. The chief minister must investigate the role and functioning of the entire district administration . . . It is strange that officers in whose presence the violence took place and thousands of houses were burnt are still in office and are declaring that there is peace in the district.”

Following attacks in the area after Hindu extremists stirred up mobs by falsely accusing Christians of killing Hindu leader Swami Laxmanananda Saraswati on Aug. 23, 2008, more than 10,000 families were displaced from their homes by the violence. Since then, Cheenath said, an estimated 1,200 families have left the area. Between 200 and 300 families reside in private displacement camps in the district, and more than 4,400 families still live in tents, makeshift shelters or the remnants of their damaged houses, he said.

The number of attack victims who have received financial assistance from the government, churches or Non-Governmental Organizations (NGOs) is unknown, but is estimated at 1,100 families, Cheenath added.

He criticized Prime Minister Manmohan Singh and the Chief Minister of Orissa Naveen Patnaik saying, “Both of them had promised to provide adequate compensation for the damages caused during the 2008 communal violence. But the victims have not been adequately compensated.”

Cheenath said the state government had decided not to compensate any riot-affected religious institutions even though India’s Supreme Court had directed the government to compensate them for all damages.

“This is a national calamity and demands a special package for the affected people, which should include land, income generation, education and healthcare,” the archbishop said.

Extremist Makeover

Prior to the visit, Christian leaders expressed their shock at Kandhamal district authorities attempting a cosmetic makeover by evacuating nearly 100 Christians from G. Udayagiri.

In letters to the EU delegation, the state government and national human rights and minorities commissions, Dr. John Dayal of the All India Christian Council narrated the plight of the 91 members of 21 families from 11 villages who were living under plastic sheets along a road in the marketplace area of G. Udayagiri.

Dayal said the group included 11 married women, three widows, an elderly man with a fractured hip and thigh, and two infants born in the camp. They had faced almost daily threats, he said, as they had not been allowed to return to their villages unless they renounced their faith and became Hindus.

Soon after the decision to allow the EU delegation, the water supply to the makeshift site was cut off and police and civil officers drove away the residents, who had only plastic sheets to protect them from the cold, he said. The refugees said officers later gave them permission to come back at night but to keep the area clear.

“The families are in G. Udayagiri, they have moved in front of the road, and they are in a very bad state,” the Rev. Samant Nayak of G. Udayagiri told Compass. “They are literally on the road.”

He said that approximately 55 families were living in G. Udayagiri, where they had been given land, and a Christian NGO was helping to construct houses for them.

The Press Trust of India reported that Orissa officials were nervous about last week’s delegation visiting Kandhamal but finally gave permission under pressure from the central government. State officials finally allowed the visit with the pre-condition that the delegation would be allowed only to interact with people and not engage in fact-finding, according to a senior official in Orissa’s home department.

The Kandhamal district collector, Krishna Kumar, told Compass that all went well and “no untoward incidents took place,” but sources reported at least one minor disturbance in Bodimunda village. On Wednesday (Feb. 3), one house was reportedly damaged there in a scuffle that also resulted in two arrests by the local police.

During their Kandhamal visit, the EU delegation was reportedly forced to cancel a meeting with judges of Fast Track courts established in Phulbani, in Kandhamal district, to prosecute hundreds of those accused in the 2008 violence, due to protests from the local lawyers’ association.

Kumar, however, pointed out that the lawyers’ protest was secondary to the lack of clearance from the High court for the meeting with the judges. “The same was not informed to us prior to the visit,” he added.

Justice Denied

The anti-Christian violence in August-September 2008 killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Archbishop Cheenath said justice is critical to long term peace.

“The two Fast Track courts, and the court premises, have seen a travesty of justice,” he said in the Feb. 6 statement. “Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. The court premises are full of top activists of fundamentalist organizations. The witnesses are also threatened in their homes with elimination, and even their distant relatives are being coerced specially in the murder and arson cases against Member of Legislative Assembly [MLA] Manoj Pradhan.”

Though some witnesses have testified on Pradhan’s alleged involvement in crimes in depositions, he has been acquitted in case after case, the archbishop added.

“We are demanding a special investigation team to investigate every case of murder and arson,” he said. “Similarly, there is also need for transferring the cases against politically powerful persons such as Pradhan to outside Kandhamal, preferably to Cuttack or Bhubaneswar.”

Cheenath said victims have filed 3,232 complaints at Kandhamal police stations, but officers registered only 832 cases. As many as 341 cases were in the G. Udayagiri area alone, 98 in Tikabali and 90 in Raikia, he said.

“Even out of this small number [in G. Udayagiri], only 123 cases were transferred to the two Fast Track courts,” he said. “So far, 71 cases have been tried in the two courts, and 63 cases have been disposed of. Of these, conviction occurred only in 25 cases, and even that is partial as most of the accused have not been arrested or brought to trial.”

Only 89 persons have been convicted so far in Orissa state, while 251 have been acquitted, supposedly for lack of witnesses against them, he said.

“Among them is Manoj Pradhan,” Cheenath said. “It is strange that in the case of 10 deaths by murder, nine cases have been closed without anybody being convicted, while there has been partial conviction in the case of one death. Who will bring justice in the case of the nine murder cases?”

The archbishop demanded that independent lawyers be allowed to assist overworked special public prosecutors.

Hindu Nationalist Protests

Protesting the delegation visit was the Vishwa Hindu Parishad (VHP) and other Hindu nationalist organizations. VHP State General Secretary Gouri Prasad Brahma had lamented on Jan. 31 that the visit would trigger tension and demanded their immediate withdrawal.

“There is no business of the outsiders in the internal matter of the state,” he said.

The delegation also faced the ire of the Hindu extremist Bajrang Dal on the day of its arrival in Bhubaneswar, capital of Orissa, on Tuesday (Feb. 2). Hundreds of its cadres met the delegation at the airport shouting loudly, “EU team, go back.”

Five Bajrang Dal members were detained for creating trouble, Deputy Commissioner of Police H.K. Lal told media on Wednesday (Feb. 3).

After the delegation had left, the Orissa Bharatiya Janata Party (BJP) heavily criticized the central and the state governments, with BJP state President, Jual Oram telling a press conference that the state had allowed the visit to “divide people on communal lines.” He said that the delegation had not met any Hindu leader during their visit to Kandhamal, which “exposed their communal agenda.”

Oram accused the delegation of violating protocol in trying to meet the judges of fast-track courts in Kandhamal, saying this “amounted to interference into internal affairs of a sovereign independent member state under the U.N.”

At the same press conference, BJP MLA Karendra Majhi said that allowing the visit was an attempt by the chief minister to win back the confidence of minority Christians. He alleged that the delegation had held secret meetings in a Catholic church at Phulbani with church leaders and select NGOs to facilitate conversions to Christianity.

“I have every reason to believe that the promised assistance of 15 million euros to Kandhamal by the EU delegation will be utilized for conversion activities,” Majhi said.

Report from Compass Direct News 

Iran Detains Christians without Legal Counsel

Half of those arrested in recent months could face apostasy charges.

ISTANBUL, January 28 (CDN) — At least 14 Christians have been detained in Iranian prisons for weeks without legal counsel in the past few months as last year’s crackdown has continued, sources said.

Three Christians remained in detention at Evin prison after authorities arrested them along with 12 others who had gathered for Christmas celebrations on Dec. 24 in a home 20 kilometers (12 miles) southeast of Iran’s capital, Tehran, according to a source who requested anonymity.

While the others were released on Jan. 4, remaining at Evin prison were Maryam Jalili, Mitra Zahmati and Farzan Matin, according to the source. Jalili is married and has two children.

Matin sounded ill in a short phone conversation this week to his family, the source said.

“Maybe he caught a cold, maybe it’s something else, but for sure they are under heavy pressure,” the source said. “They are not allowed visits from family. It doesn’t seem good.”

Security forces went to the homes of all the detainees and confiscated their books, computers and other literature, according to Farsi Christian News Network. None of the Christians have had access to legal counsel or representation.

“Normally they eventually release them,” said an Iranian source of the Dec. 24 arrests. “They never keep one person forever … but we don’t know when. We are used to living with this kind of government. Therefore we try our best and seek what God will do, and pray that they don’t keep them so long.”

The source said authorities have promised the release of the three Christians arrested Dec. 24 but have yet to let them go.

“They called their families, and they were told they would be released after bail … but then they didn’t [release them],” he said of the three Christians held in Evin.

Within days after the Dec. 24 arrest, Jalili’s sister, Mobina Jalili, and another Christian were arrested in Isfahan. The source said these two have had no contact with their families. The location and conditions of their detainment are unknown. 

Apostasy Charges

In the southwestern city of Shiraz, seven Christians were being detained as of Jan. 11, another source said, and most of them may face charges of apostasy, or leaving Islam.

Family members who have spoken with the arrested Christians said authorities have told the detainees – with the exception of one who was not born a Muslim – that they are guilty of apostasy, the source said.

The names of those detained in Shiraz are Parviz Khaladj, Mehdi Furutan, Roxana Furouyi, Behrouz Sadegh-Khanjani, Abdol Reza Ali Haghnejad, Iman Farzad and one identified only as Mahyar. 

Another Christian in the northern city of Rasht, Davoot Nejatsabet, also has been arrested. And Yousef Nadarkhani, who was arrested last year on Oct. 13 in Rasht, remains in prison.

The source said the government was in crisis with so many of its citizens continuing to openly protest against it, and that this was an opportune moment to lash out against Christians.

“They see that the West is keeping quiet about Christians,” said the source. “But the Christians should mobilize about what is happening.”

Arrested Christians are regularly denied legal counsel. Often Christians are charged with other crimes, such as espionage or disrupting public order, because of their faith. The charged political climate in Iran has made it nearly impossible for Christians to find appropriate defense lawyers they can afford, a source said. Many of Iran’s human rights lawyers have either fled the country, the source said, are in prison or are otherwise unable to take up Christian cases.

Under sharia (Islamic law), apostasy is one of several “crimes” punishable by death, although Islamic court judges are not required to hand down such a sentence. No converts to Christianity have been convicted of apostasy since international pressure forced officials to drop the death sentence of Christian convert Mehdi Dibaj in 1994.

In the years following the convert’s release, however, Dibaj and four other Protestant pastors, including converts and those working with them, have been murdered. The murderers of the Christians have never been brought to justice, and government officials are suspected of playing a role in the killings.

Governmental and non-governmental agencies say that Christian converts are regularly placed under surveillance, arrested, imprisoned without due process and tortured. Muslim-born Iranians who have embraced Christianity are legally prohibited from practicing their newfound faith.

Report from Compass Direct News 

Christians in India Faced Three Attacks per Week in 2009

Over 150 assaults reported, many in southern part of country.

NEW DELHI, December 31 (CDN) — After unprecedented large-scale attacks on Christians in the previous two years, 2009 brought hardly any respite as the minority faith faced an average of more than three violent attacks a week.

There were at least 152 attacks on Christians in 2009, according to the “Partial List of Major Incidents of Anti-Christian Violence in India” released by the Evangelical Fellowship of India.

“The trend of attacks on the Christian community by rightwing Hindu groups goes unabated,” said Dr. Dominic Emmanuel, the spokesperson of the Delhi Catholic Archdiocese. “Overall, the Christian community still feels insecure.”

Emmanuel also noted that none of the states that have “anti-conversion” laws have repealed them. The north-central states of Madhya Pradesh and Chhattisgarh, Orissa in the east, Gujarat in the west and Himachal Pradesh in the north have anti-conversion laws, which Hindu hardliners routinely use to arrest Christians on spurious accusations of “forcible conversion.”

“If 2007 and 2008 went down in history as the most blood-soaked ones in the history of modern Christianity in India, 2009 surely rates as the year of frustrating confrontations with the law and tardy governance and on justice for the victims of communal violence,” said Dr. John Dayal, a Christian and human rights activist and member of the government’s National Integration Council.

Dayal referred to violence that erupted in Orissa’s Kandhamal district during the Christmas week in 2007, killing at least four Christians and burning 730 houses and 95 churches. The attacks were carried out to avenge an alleged attack on a Vishwa Hindu Parishad (World Hindu Council or VHP) leader, Swami Laxmanananda Saraswati.

Violence re-erupted in Kandhamal in August 2008 after the assassination of Saraswati by a Maoist group, as rightwing Hindu groups falsely blamed Christians for it. This time, the violence killed more than 100 people and resulted in the incineration of 4,640 houses, 252 churches and 13 educational institutions.

No Longer a Haven

A disturbing new trend emerged this year as southern India, which had long been considered a haven for Christians, recorded the highest incidence of anti-Christian violence. Of the total 152 incidents, 86 were reported from southern states, mainly Karnataka with 48, Andhra Pradesh with 29, Tamil Nadu with five and Kerala with four.

Northern and central states, seen as the stronghold of rightwing Hindu extremists, recorded 42 incidents of violence, half the number in the south.

There were 15 attacks in Madhya Pradesh state, 14 in neighboring Chhattisgarh, three each in Uttar Pradesh and the Himalayan states of Himachal Pradesh and Jammu and Kashmir, and one each in the national capital Delhi and neighboring Haryana state.

In the west, seven attacks were reported: six in Maharashtra and one in Gujarat. In the northeast, four attacks were reported: three in Assam and one in Manipur.

Karnataka recorded the highest number of violent incidents as the first-ever victory of the Hindu nationalist Bharatiya Janata Party (BJP) in the state elections in 2007 emboldened rightwing Hindu extremist groups. Karnataka became the first southern state with a stand-alone BJP government in the history of India.

Anti-Christian violence in Andhra Pradesh rose to new heights after a Christian, Y.S. Rajasekhara Reddy, became the chief minister of the state in May 2004. To target him politically, rightwing Hindu groups attacked Christians while accusing them of converting Hindus to Christianity. This year Reddy died on Sept. 2 in a helicopter crash.

The incidence of Christian persecution in the north and the central states declined apparently due to the BJP’s defeat in the April-May general elections and a growing realization among a section of the BJP leadership that violent incidents no longer please voters. But the hard-line section of the BJP and groups linked to the party, such as the VHP and its youth wing Bajrang Dal, carried on with their hardcore anti-Christian stand.

Impunity in Orissa

Orissa state in the east, which witnessed two massive spates of attacks on Christians in 2007 and 2008, saw only two recorded violent incidents this year.

The morale of Christians in Orissa, however, remained low as few assailants in the 2008 rampage were brought to justice.

“The courts in Kandhamal make a mockery of the judicial process, and the murderers lord it over the witnesses and victims while judges and law look on,” Dayal said. “The church remains helpless, its puny effort at giving strength to the witnesses falling far too short.”

Of 787 cases registered by Orissa police, 100 are being handled by two-fast track courts in Kandhamal. Around 35 cases have been heard, resulting in around 50 convictions and more than 190 acquittals.  Manoj Pradhan, a legislator for the BJP, has been exonerated “for lack of evidence” in six cases, most of them involving murder charges.

Dr. Sajan K. George, national president of the Global Council of Indian Christians, said the growing number of acquittals was producing a culture of impunity, “where those who commit crimes against Christian minority do not fear punishment by law.”

“As the elected representative of the Orissa state assembly [Pradhan] has been let off in murder cases,” George said. “People want to know what has happened to the long arms of justice.”

Dayal, who was in Kandhamal recently, said that of the more than 4,640 houses burned in 2008 violence, only 200 have a roof over the rebuilt walls as 2009 ends.

“And perhaps at the end of the next year, another 2,500, God willing, will have been rebuilt,” he said. “But around 2,000 houses will even then remain unfinished.”

Dayal added that more than 20,000 men, women and children of Kandhamal continue to live as refugees or homeless people in various cities, working at odd jobs and sometimes begging.

“Some girls have already been pushed into the evil of human trafficking,” he said.

Most people in Kandhamal remain without jobs, and the rehabilitation process, in which the church is participating, still is a long distance from covering all victims, Dayal said, adding, “The state government seems to have called it a day with the barest minimum done in this sector.”

Emmanuel of the Delhi Archdiocese said that since the BJP is not in power at the federal level, some of their front organizations such as the Rashtriya Swayamsevak Sangh, the VHP and the Bajrang Dal will harass Christians in order to remain in the news.

“Christianity teaches us to hope in God,” Emmanuel said. “We can only hope that 2010 will be a better year for Christians, but in practical terms it really does not appear that things would be any better as the ranks of rightwing Hindu fundamentalists keep their pressure.”

There are around 24 million Christians in India, or roughly 2.3 percent of the over 1.1 billion people.

Report from Compass Direct News