The shaky case for prosecuting Witness K and his lawyer in the Timor-Leste spying scandal

John Braithwaite, Australian National University

Much of the media commentary on the government prosecution of Witness K and his lawyer Bernard Collaery has focused on government duplicity in suppressing the trial until it had its oil and gas treaty signed with Timor-Leste.

But this focus on government hypocrisy has neglected the accountability of the director of public prosecutions, Sarah McNaughton. The prosecution policy of the Commonwealth says:

The decision to prosecute must not be influenced by any political advantage or disadvantage to the government.

McNaughton’s job is to be the key politically independent actor in the process. She must be a check on state political revenge.

This is why the case should of course be in open court, so the public can see how the DPP justifies its independence in the case.

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Read more:
When whistleblowers are prosecuted, it has a chilling effect on press freedom in Australia

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The reason people are worried about the case is that it has the appearance of state revenge against Witness K, who complained through proper channels about the illegality of the bugging he was asked to do, but a decade on served the public interest by blowing the whistle.

Alexander Downer was foreign minister when our international intelligence services were moved away from their counter-terrorism work to focus on commercial espionage on behalf of oil magnates who later offered him a lucrative consultancy. Witness K went public after Downer started working for the consultancy.

So, let the public see in open court whether this is, or is not, a coin-for-the-crown-case that rightly provoked a whistleblower, and not a political revenge case.

Public confidence has been shaken

An even greater concern is that K’s lawyer, Collaery, has been swept up in the government’s prosecution.

From assault to complex commercial crimes, it is common for both sides to make allegations of criminality against the other. We expect the DPP to show independence in assessing who is the greatest victim of crime in complex cases like this. That person will be the least likely to be prosecuted.

The prosecution policy of the Commonwealth also requires the DPP to take into account the views of crime victims in deciding how to manage its deliberations, not only about whether to prosecute. In this case, the public needs to see what kind of victim support services are being provided to Collaery.

For example, the DPP should be asking the government as one of the alleged offenders to make one very public announcement. This is that Australia will continue to abide by the spirit of the International Court of Justice order that the government keep sealed the documents it seized from Collaery’s office in 2013.

The Commonwealth should also assure the public that it will continue to desist from spying on Collaery’s legal work and any bugging or invasion of Collaery’s office.

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Read more:
Lawyer and witness face charges under spy laws, raising questions of openness and accountability

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Further, the prosecution policy says the government should avoid cases that “undermine the confidence of the community in the criminal justice system”.

That confidence has already been shaken by this case. It will be further shaken if much of it were heard in secret. “Openness” and “accountability” are specified in the policy, binding the DPP to “maintain the confidence of the public it serves”.

Citizen confidence that counter-terrorism laws would not be used against civilians is a public issue. It seems these laws are now hanging over Witness K and Collaery, who most Australians view as patriots rather than terrorists.

Question of resources and timeliness

Lastly, the prosecution policy emphasises that prosecutorial resources are limited. Only those cases most worthy of prosecution should go forward.

Banking and insurance crimes are a real threat to the security of our financial system. These are the kinds of cases where the “public interest” test demands more focused resources, not cases against public-spirited civil servants.

Another element of the prosecution policy is that the passage of time since the alleged offence occurred should also be taken into account.

In this prosecution, the passage of time has been taken into account in the wrong way, delaying prosecution until a political interest of the government has been realised.

Rarely have the courts in our country faced such a moment of truth for our justice values.

John Braithwaite, Professor, School of Regulation and Global Governance, Australian National University

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

Latest Persecution News – 10 May 2012

Lawyer of Iranian Pastor on Death Row Faces Prison

The following article reports on the latest news of persecution in Iran, where the lawyer for an Iranian pastor facing the death penalty, is facing imprisonment for defending the pastor.

http://www.compassdirect.org/english/country/iran/article_1531504.html

 

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

Latest Persecution News – 3 April 2012

Drive to Release Rights Attorney in China Pushes Forward

The following article reports on the latest news surrounding Christian human rights lawyer Gao Zhisheng, who is being held in a Chinese prison.

http://www.compassdirect.org/english/country/china/article_1490252.html

 

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

Judge Exonerates Jailed Evangelist in Bangladesh

Judge rules Christian did not ‘create chaos’ by distributing literature near Islamic event.

DHAKA, Bangladesh, March 31 (CDN) — A judge this week exonerated a Christian sentenced to one year in prison for selling and distributing Christian literature near a major Muslim gathering north of this capital city, his lawyer said.

After reviewing an appeal of the case of 25-year-old Biplob Marandi, the magistrate in Gazipur district court on Tuesday (March 29) cleared the tribal Christian of the charge against him and ordered him to be released, attorney Lensen Swapon Gomes told Compass. Marandi was selling Christian books and other literature when he was arrested near the massive Bishwa Ijtema (World Muslim Congregation) on the banks of the Turag River near Tongi town on Jan. 21.

On Feb. 28 he was sentenced for “creating chaos at a religious gathering” by selling and distributing the Christian literature.

“Some fundamentalist Muslims became very angry with him for selling the Christian books near a Muslim gathering,” Gomes said, “so they harassed him by handing over to the mobile court. His release proves that he was innocent and that he did not create any trouble at the Muslim gathering.”

The judge reviewing the appeal ruled that Marandi proved in court that he sells books, primarily Christian literature, for his livelihood.

“I am delirious with joy, and it is impossible to say how happy I am,” said his brother, the Rev. Sailence Marandi, a pastor at Church of Nazarene International in northern Bangladesh’s Thakurgaon district. “I also thank all those who have prayed for my brother to be released.”

After processing the paperwork for Marandi’s release from Gazipur district jail, authorities were expected to free him by the end of this week, according to his lawyer.

“My brother is an innocent man, and his unconditional release proved the victory of truth,” Pastor Marandi said. “I am even more delighted because my brother’s release proves that he was very innocent and polite.”

The pastor had said his brother did not get the opportunity to defend himself at his original trial.

Marandi’s attorney on appeal argued that his religious activities were protected by the religious freedom provisions of the country’s constitution. The Bangladeshi constitution provides the right for anyone to propagate their religion subject to law, but authorities and communities often objected to efforts to convert people from Islam, according to the U.S. Department of State’s 2010 International Religious Freedom report.

Every year several million male Muslims – women are not allowed – attend the Bishwa Ijtema event to pray and listen to Islamic scholars from around the world. Some 9,000 foreigners from 108 countries reportedly attended the event, though most of the worshippers are rural Bangladeshis. About 15,000 security personnel were deployed to maintain order.

Bangladeshi Muslims equate the annual event with the Hajj, the Islamic pilgrimage to Mecca in Saudi Arabia. This year the Bangladesh event was held in two phases, Jan. 21-23 and Jan. 28-30.

At the same event in 2009, Muslim pilgrims beat and threatened to kill another Bible school student as he distributed Christian literature. A patrolling Rapid Action Battalion elite force rescued Rajen Murmo, then 20, a student at Believers’ Church Bible College, on Feb. 1, 2009.

Bangladesh is the world’s third-largest Muslim-majority nation, with Muslims making up 89 percent of its population of 164.4 million, according to Operation World. Christians are less than 1 percent of the total, and Hindus 9 percent.

Report from Compass Direct News
http://www.compassdirect.org

Christian in Bangladesh Goes to Prison for Evangelism

DHAKA, Bangladesh, March 23 (CDN) — A Christian has been sentenced to one year in prison for “creating chaos” by selling and distributing Christian books and other literature near a major Muslim gathering north of this capital city.

A magistrate court in Gazipur district handed down the sentence to Biplob Marandi, a 25-year-old tribal Christian, on Feb. 28 after he was arrested near the massive Bishwa Ijtema (World Muslim Congregation) on the banks of the Turag River near Tongi town on Jan. 21.

A copy of the verdict says that he was sentenced according to Section 296 of Bangladeshi law 1860 for “creating chaos at a religious gathering.”

“Duty police found Marandi creating chaos as he was propagating his religion, Christianity, by distributing the tracts as a mobile court on Jan. 21 was patrolling near the field of the Bishwa Ijtema,” the verdict reads. “The accusation – creating chaos at a Muslim gathering by distributing Christian booklets and tracts – against him was read out in the court before him, and he admitted it. He also told the court that he had mainly wanted to propagate his religion, Christianity.”

The Rev. Sailence Marandi, pastor at Church of Nazarene International in northern Thakurgaon district and older brother of Biplob Marandi, told Compass that there was no altercation when his brother was distributing Christian tracts; likewise, the verdict makes no mention of any confrontation.

“I guess some fanatic Muslims found my brother’s works un-Islamic,” he said. “They created chaos and handed over my brother to the police and the mobile court.”

Pastor Marandi said he could not understand how a court could determine that one man could disturb a gathering of hundreds of thousands of Muslims.

“Fanatic Muslims might say this impossible thing, but how can the honorable court can say it?” he said. “In the verdict copy it is written that my brother admitted his offense in the court. This case being very religiously sensitive, I suspect that his confession statement might have been taken under duress.”

Pastor Marandi said his brother was selling Christian books to supplement his livelihood as an evangelist on a street near the event, and there were many curious pedestrians of all faiths among Muslims from around the world.

“Where there were more people, he would go there for selling books and distributing Christian tracts,” he said.

The pastor said he was surprised that Marandi was convicted and sentenced so quickly.

“My brother did not get the chance for self-defense in court,” he said. “Without opportunity for self-defense, sentencing him for one year for evangelical activities was a travesty of justice. It cannot be accepted in a democratic country.”

He added that the family hired a Muslim lawyer for Marandi who did little for him.

“If he had worked, then there would have been cross-examination regarding the confession statement,” Pastor Marandi said. “I think that some Muslim fanatics could not tolerate his evangelical activities near the religious gathering place and handed him over.”

The family has since hired a Christian attorney, Lensen Swapon Gomes, who told Compass that he filed an appeal on Monday (March 21) as Marandi’s religious activities were protected by the religious freedom provisions of the country’s constitution.

“I appealed to the court for his bail and also appealed for his release from the one-year punishment,” said Gomes. “I hope that the honorable court will consider his case, because he is an innocent man and a victim of circumstances. The offense for which he is convicted is bailable.”

The Bangladeshi constitution provides the right for anyone to propagate their religion subject to law, but authorities and communities often objected to efforts to convert people from Islam, according to the U.S. Department of State’s 2010 International Religious Freedom report.

Every year several million male Muslims – women are not allowed – attend the event to pray and listen to Islamic scholars from around the world. Some 9,000 foreigners from 108 countries reportedly attended the event, but most of the worshippers are rural Bangladeshis. About 15,000 security personnel were deployed to maintain order.

Bangladeshi Muslims equate the annual event with the Hajj, the Islamic pilgrimage to Mecca in Saudi Arabia. This year the Bangladesh event was held in two phases, Jan 21-23 and Jan. 28-30.

Jagadish Edward, academic dean of Gloria Theological Seminary in Dhaka, told Compass that Marandi had engaged in evangelical work after completing three years at the seminary in 2005. Marandi had come to Dhaka from northern Thakurgaon district some 400 kilometers (249 miles) away.

“He was very polite and gentle,” said Edward. “As an evangelist, he knew how to respect other religions. I was really surprised when I heard he was arrested and sentenced for one year.”

At the same event in 2009, Muslim pilgrims beat and threatened to kill another Bible school student as he distributed Christian literature. A patrolling Rapid Action Battalion elite force rescued Rajen Murmo, then 20, a student at Believers’ Church Bible College, on Feb. 1, 2009.

Bangladesh is the world’s third-largest Muslim-majority nation, with Muslims making up 89 percent of its population of 164.4 million, according to Operation World. Christians are less than 1 percent of the total, and Hindus 9 percent.

Report from Compass Direct News
http://www.compassdirect.org

Pakistani Christian Sentenced for ‘Blasphemy’ Dies in Prison

Murder suspected in case of Christian imprisoned for life.

LAHORE, Pakistan, March 15 (CDN) — A Christian serving a life sentence in Karachi Central Jail on accusations that he had sent text messages blaspheming the prophet of Islam died today amid suspicions that he was murdered.

Qamar David’s life had been threatened since he and a Muslim, Munawar Ahmad, were accused of sending derogatory text messages about Muhammad in June 2006, said David’s former lawyer, Pervaiz Chaudhry (See “Pakistan’s ‘Blasphemy’ Laws Claim Three More Christians,” March 10, 2010).

David was convicted under Section 295-C under Pakistan’s widely condemned blasphemy laws for derogatory remarks against Muhammad in a case registered at Karachi’s Azizabad Police Station, with another case registered at Saddar Police Station pending. Maximum punishment for Section 295-C is death, though life imprisonment is also possible. On Feb. 25, 2010 he received a sentence of life in prison, which in Pakistan is 25 years, and was fined 100,000 rupees (US$1,170).

Chaudhry, who said he was David’s counsel until Islamic threats against his life forced him to stop in July 2010, told Compass that the Christian had expressed fears for his life several times during the trial.

“David did not die of a heart attack as the jail officials are claiming,” Chaudhry said. “He was being threatened ever since the trial began, and he had also submitted a written application with the jail authorities for provision of security, but no step was taken in this regard.”

Conflicting versions of his death by jail officials also raised doubts.

A jail warden said David was reported crying for help from his cell today in the early hours of the morning. He said that David, who was breathing at the time, was transported to the Civil Hospital Karachi (CHK), but that doctors there pronounced him dead on arrival.

He also said, however, that he had heard from colleagues that David was found dead inside his cell and that his body had been sent to the hospital for post-mortem, not for treatment. Investigations are underway, he added.

Karachi Central Prison Deputy Superintendent Raja Mumtaz said David was shifted to CHK for treatment after jail staff members found him crying for help with “one hand on the left side of his chest.” He said the prisoner was first taken to a local healthcare center, but that doctors there suggested that he should be taken to a hospital for proper treatment.

Mumtaz said that David was shifted to the hospital at around 10:45 a.m. today and was alive when he reached the hospital.

Sindh Inspector General of Prisons Ghulam Qadir Thebo insisted to BBC that David died of natural causes, saying he was housed in a Christian-only wing in which no Muslim prisoners had access to him.

“Our investigations have not yielded any evidence of foul play,” Thebo told BBC. “There is no evidence to suggest he was murdered.”

David’s family reached Karachi today to take custody of the body. An impartial probe and autopsy report is awaited, as no jail officials were ready to say on record whether they had seen any visible injury on David’s body.

David’s son, Aqeel David, told Compass that the family had been informed only that his father had suffered a heart attack and died while he was being taken to the hospital.

“We don’t know anything besides this little piece of information that was given to us on the telephone,” he said. “We are unsure about the circumstances surrounding my father’s death because of the serious nature of the cases against him.”

David’s former attorney said that the trial in which David was convicted and sentenced was a sham.

“The judge acquitted Ahmad in this case, even though all 11 witnesses clearly pointed out his direct involvement in the incident,” Chaudhry said.

In regard to the other blasphemy case registered at the Saddar Police Station, Chaudhry said he had cross-examined witnesses who had again accused Ahmad of mischief and absolved David of any wrongdoing.

“Ahmad’s lawyer had filed an application for re-examining the witnesses when I withdrew from the case,” Chaudhry added. “I stopped pursuing his cases last year because of serious threats to my life by Islamist groups who used to gather outside the courtroom.”

Chaudhry said threats were made “both inside and outside the courtroom.”

During the cross-examining of witnesses, he said, Senior Superintendent of Police Muhammad Afzal had also admitted that Ahmad was the real culprit and that David was arrested on the information of “some sources.” Chaudhry said there was no relation whatsoever between Ahmad and his client before the trial started.

“They were complete strangers,” Chaudhry said. “David was definitely framed in these cases.”

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

Revelations of Torture Spur Wife of Chinese Lawyer to Action

Christian human rights advocate Gao Zhisheng reveals further abuse.

DUBLIN, January 19 (CDN) — Geng He, wife of missing Christian lawyer Gao Zhisheng, is demanding answers from the Chinese government following new revelations of torture of her husband.

“This is the first time that I heard about the details,” Geng, now living in the United States, told Radio Free Asia last week. “My husband did not tell me – would not tell me – how he was tortured.”

After consulting with Geng, The Associated Press (AP) on Jan. 10 published an interview with Gao, an outspoken human rights campaigner, during his brief release from captivity last April, in which he revealed details of the torture he had suffered during the previous 14 months.

Speaking with the AP in a Beijing teahouse on April 7, closely watched by police, Gao described many forms of torture, including a period of 48 hours when he was stripped bare, beaten continually with handguns and subjected to other excruciating abuse.

The AP released the interview in advance of an official visit this week (Jan. 18-21) by Chinese President Hu Jintao to the United States, stating its hope that “publicizing his account will place renewed pressure on the government to disclose Gao’s whereabouts.”

Geng planned to travel to Washington this week to further highlight her husband’s case. At a U.S. State Department dinner at the White House tonight for Hu, she planned to wait outside to draw attention to Gao’s disappearance.

Gao had asked that his account not be made public unless he disappeared again or “made it to someplace safe like the U.S. or Europe,” according to the AP.

Initially seized by public security officials on Feb. 4, 2009, shortly after his wife and two children fled China to seek asylum in the United States, Gao was held virtually incommunicado for more than a year before police staged his brief reappearance in Beijing last April 6. (See http://www.compassdirect.org, “Christian Rights Activist Gao Zhisheng Released,” April 9, 2010.)

After speaking with the AP and other journalists, Gao made a supervised visit to his in-laws in northwestern Xinjiang Province. During that visit, he again vanished on April 20 while in the company of Chinese police, according to a report by The New York Times on April 30, 2009. He has not been seen or heard from since, but China watchers such as Bob Fu of the China Aid Association (CAA) believe he is “definitely in the hands of Chinese security forces.” (See http://www.compassdirect.org, “Human Rights
Lawyer Gao Zhisheng Missing Again,” May 7, 2010.)

 

New Account

In his interview with the AP, Gao explained that police had moved him from his birthplace of Yulin to Beijing, then back to Yulin, and from there to Urumqi, where the most excruciating moments of torture occurred.

Allowed out on an evening walk on Sept. 25, Gao was approached by several Uyghur men, members of a minority ethnic group who claimed to be part of a counterterrorism unit. They punched him in the stomach, handcuffed him and took him to the upstairs room of a building. There they tortured him for a full week, culminating in a period of 48 hours when they stripped him bare and “took turns beating him [with pistols] and did things he refused to describe,” the AP reported.

Gao said this was the darkest point in the 14 months since authorities had seized him in February 2009, and far worse than the torture during a previous disappearance in 2007. At that time, he said in a previous report, security officials gave electric shocks to his genitals and held burning cigarettes close to his eyes to cause temporary blindness.

When Gao in 2007 asked Beijing police why they didn’t put him in prison, they replied, “You’re not good enough for that. Whenever we want you to disappear, you’ll disappear,” according to the AP.

 

‘Words from the Heart’

Fu of CAA on Friday (Jan. 14) also called on the Chinese government to give an account of Gao’s whereabouts, besides imploring President Obama to address the fate of Gao and other prominent Chinese rights defenders during his meetings with Hu.

Fu also released a previously unpublished statement written by Gao on Jan. 1, 2009, shortly before his family’s escape from China, entitled “Words from the Heart.”

Carried out of China by Gao’s wife, the document claimed that authorities had invested a huge amount of manpower, physical resources and funds to silence him.

“Not only is it now extremely difficult for me to make my voice heard, but it is also extremely dangerous,” Gao wrote.

His faith, however, had enabled him to endure under pressure, he stated.

“I am optimistic by nature, and I am a Christian,” he wrote. “Even when I was tortured to near death, the pain was only in the physical body. A heart that is filled with God has no room to entertain pain and suffering.

Gao expressed concern for his wife and children, who had suffered greatly from police harassment. He said authorities even banned his daughter from attending school, another factor prompting the family’s flight to the United States.

Gao urged friends both inside and outside China to defend other human rights advocates imprisoned or harassed by the government, adding that “Heroes like Guo Feixiong … who sacrifice and risk their lives to defend religious freedom, are the true hope of China.”

He also urged that a network be established within China to report on “countless” abuses of human rights.

“The publication of this article will cause me to be kidnapped again,” Gao concluded. “Kidnappings are a normal part of my life now. If it comes again, then let it come!”

 

SIDEBAR

A Brief Biography of Gao Zhisheng

Gao was born in a hillside cave in Yulin, northern China, according to a brief biography written by David Kilgour of Media With Conscience (MWC). Since his parents were too poor to send him to school, he gained a basic education by listening outside the windows of the village classroom.

He then worked briefly as a coal miner before joining the People’s Liberation Army, where he met his future wife, Geng He, obtained a secondary education and became a member of the Communist Party.

Following his discharge from the army, Gao became a street vendor and self-studied to become a lawyer, passing the bar exam in 1994. China’s Ministry of Justice in 2001 named him one of the country’s 10 most remarkable lawyers, according to the MWC biography.

But as Gao began to represent farmers in land compensation cases, practitioners of the banned Falun Gong group and house church members, he quickly lost favor with authorities.

In 2005, after Gao wrote open letters to President Hu Jintao and Premier Wen Jiabao calling for an end to the torture and execution of Falun Gong members, authorities closed down Gao’s law firm, revoked his license to practice law, and placed Gao, his wife and two children under 24-hour police surveillance, according to reports by the China Aid Association (CAA). Police even beat his then 13-year-old daughter, according to the CAA.

In response, Gao in December 2005 publicly resigned from the Communist Party and later declared that he was a Christian.

Weeks later, on Feb. 4, 2006, Gao and several other high profile Chinese activists launched a “Relay Hunger Strike for Human Rights,” in which ordinary Chinese citizens fasted for 24 hours in rotation across 29 provinces in China. The hunger strikes led to a wave of arrests.

Authorities then seized Gao on Aug. 15, 2006, and on Dec. 22, 2006 they gave him a three-year suspended sentence for subversion. Officials then placed Gao on probation for five years and allowed him to remain at home under strict surveillance.

Authorities again seized Gao in September 2007 after he wrote to the U.S. Congress expressing concern about human rights violations prior to the 2008 Olympic Games in Beijing. On his release in November 2007 Gao issued a statement via the CAA claiming that his captors had tortured him by applying electric shocks to his genitals and holding burning cigarettes close to his eyes. He added that he’d been threatened with death if he spoke about the torture.

Gao was nominated for the Nobel Peace Prize in 2007, 2008 and 2010 in recognition of his ongoing commitment to the advance of human rights in China, according to Kilgour’s report.

State agents abducted Gao on Feb. 4, 2009, shortly after his wife and children fled China to obtain asylum in the United States, and they held him virtually incommunicado for over a year. (See http://www.compassdirect.org, “Action Urged for Missing Rights Activist in China,” March 24, 2009.)

Perhaps as a response to international pressure, police staged a brief reappearance for Gao on April 6, 2010, CAA reported. But on April 20, during a closely-supervised visit to his in-laws in Urumqi, Xinjiang province, Gao again vanished and has not been seen or heard from since.

Chinese officials at every level have consistently denied knowledge of his current location.

Report from Compass Direct News

Jailed Pakistani Mother Living in Constant Fear, Husband Says

Murder of Punjab governor intensifies security concerns for woman sentenced to death.

LAHORE, Pakistan, January 19 (CDN) — A mother of five sentenced to death on “blasphemy” charges has lived in constant fear since the killing of Punjab Gov. Salman Taseer, her husband told Compass as he came out of Sheikhupura District Jail after meeting with her last week.

Ashiq Masih said his wife, Asia Noreen (alternatively spelled Aaysa, and also called Asia Bibi), is “very afraid.” Her conviction triggered a violent chain of events in Pakistan, including the Jan. 4 murder of Taseer by his bodyguard after the governor voiced support for her.

“She knows the Muslims have announced a prize on her head and would go to any lengths to kill her,” a visibly nervous Masih told Compass. “The governor’s murder in broad daylight has put her in a state of paranoia.”

He added that threats by Islamist extremists have dampened Noreen’s hope of getting justice from the Lahore High Court, where her appeal against the conviction has been filed but yet to be taken up.

Wearing a dark cloak to hide his identity, Masih was visibly nervous after meeting with her on Jan. 11.

“She was asking me about the situation outside,” he said. “I tried to console her, but she knows it’s really bad. She’s also worried about the children.”

The mother of two children and stepmother to three others, Noreen asked him to appeal for more prayers for her, he said.

“Please tell everyone to pray for her,” he said.

Masih said prison authorities had improved Noreen’s security considerably after Taseer’s killing.

“She’s being kept in a separate cell with a warden deployed 24 hours for her security,” he said. “Only I am allowed to meet her, but even I am searched completely before they bring her out for the meeting. I just hope and pray she keeps safe inside the prison.”

Still, prison officials have reportedly said she will be transferred to another prison soon because of security concerns.

The female warden tasked with Noreen’s security the day Taseer was killed told Compass of the Christian woman’s reaction to the news.

“I was escorting her for her routine walk on the evening Governor Taseer was gunned down,” said the warden, who requested anonymity. “We were passing by a barrack when the news broke out on TV that the governor was dead … She stood there in shock for some time, and then she started screaming and crying.”

The warden added that she helped Noreen back to her cell, “as she could barely walk and kept weeping.”

“She cried all evening and also refused to have supper,” the warden said. “The governor’s killing shattered her. The governor’s visit had boosted her morale – she was very happy and every time I spoke to her, I could feel the joy in her heart. She shared with me how she had lost hope, and how God had sent Taseer to help her. A particular verse that she often repeats is from John 14:1, which says, “Do not let your hearts be troubled. You believe in God, believe also in me.”

The warden said she was assigned Noreen’s security following reports that attempts would be made to kill her inside the jail. Since Taseer’s killing, she said, Noreen has grown suspicious of everyone around her.

“She’s only taken out of her cell for an hour, but even then she is fearful of her surroundings, even though all the other inmates are locked up before she’s taken out for exercise,” she said. “One can imagine how insecure she must be feeling after Taseer was killed by one of his own guards.”

Sheikhupura District Jail Superintendent Sheikh Khalid, who recently assumed charge, told Compass that Noreen was the most “high value” inmate of the prison and that he was not going to take any chances regarding her security.

“She is on the hit list of several extremist organizations,” he said, “and there are reports that she might be targeted inside the jail – moreover, she has a 30 million rupee [US$350,000] prize on her head. This is enough incentive for anyone to kill her.”

He said the prison had enhanced its security measures, and additional forces have been employed to guard the premises at night.

“No one except her husband can meet her,” Khalid said. “I have also directed her not to eat anything given to her by any person other than the wardens deployed for her security. We are trying our best to keep her safe, but life and death are in the hands of Allah.”

Noreen’s lawyer, S.K. Chaudhry, declined to discuss the future course of legal action because of the sensitive nature of the case.

Noreen has been condemned to death for insulting Islam’s prophet, Muhammad, a charge she denies. A week after her conviction, the governor of Punjab province visited her in jail. Taseer, a liberal Muslim, did not mince words as he assured Noreen of his support. He told her he believed that the charges against her were fabricated and that there had been a miscarriage of justice. He promised that he would recommend a presidential pardon for her.

During that visit, he called Pakistan’s blasphemy statutes “a black law” and called for their repeal – a demand that ultimately resulted in his brutal killing, as one of his own police bodyguards believed that Taseer had blasphemed by criticizing the law.

Masih, Noreen’s husband, said he was about to have lunch when he first heard the news of the killing of Taseer on TV.

“I had taken the first bite when the news flashed that Governor Taseer had been killed,” he said. “I was stunned, couldn’t swallow the food either … no words can explain that moment.”

He denied government reports that it was providing his family security, saying they were living in a safe-house arranged by “some friends” and surviving on money provided by Christian organizations. Taseer’s murder, he added, had shaken the little confidence the family had after the governor’s assurance of support to them.

“They killed the governor for supporting her,” he said. “He died for us, but it seems his sacrifice has gone in vain.”

Report from Compass Direct News

Afghan Authorities Block Lawyer from Visiting Jailed Christian

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

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

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

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

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

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

 

Suspicious Second Suspect

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Another Christian in Prison

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News