Conviction of Legislator in India Falls Short of Expectations

In murder of Christian, Hindu nationalist sentenced to seven years for causing ‘grievous hurt.’

NEW DELHI, July 2 (CDN) — Christians in Orissa state had mixed feelings about the sentencing on Tuesday (June 29) of state legislator Manoj Pradhan to seven years in prison for causing grievous hurt and rioting – but not for murder.

“Pradhan is not convicted of murder, but offenses of voluntarily causing grievous hurt by dangerous weapons and rioting were upheld,” attorney Bibhu Dutta Das told Compass. “Pradhan will be debarred from attending the Orissa Legislative Assembly unless the order of conviction is stayed by the Orissa High Court, or if special permission is granted by the court allowing him to attend.”

Kanaka Rekha Nayak, widow of murdered Christian Parikhita Nayak, acknowledged that the verdict on Pradhan and fellow Hindu nationalist Prafulla Mallick in the August-September 2008 violence against Christians did not meet her expectations. She said she was happy that Pradhan was finally behind bars, but that she “expected the court to at least pronounce life imprisonment on Pradhan and Mallick for the gruesome act that they committed.”

Das said he will try to increase the sentence.

“Pradhan spearheaded the riots and has several criminal charges against him – he cannot be let off with a simple punishment,” Das said. “We will be filing a criminal revision in the Orissa High Court for enhancing the period to life imprisonment.”

The day after Pradhan was sentenced, two Hindu nationalists were reportedly convicted of “culpable homicide not amounting to murder” in the burning death of a paralyzed Christian during the 2008 attacks on Christians in Orissa state’s Kandhamal district and sentenced to only six years of prison.

UCAN agency reported that Sushanta Sahu and Tukuna Sahu were convicted and sentenced on Wednesday (June 30) in the death of Rasananda Pradhan, a paralytic burned alive when Hindu extremists set his house on fire on Aug. 24, 2008. Church leaders criticized the lenient sentences.

Manoj Pradhan has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in this one, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats kept witnesses from testifying, the testimony of Nayak’s daughter, 6-year-old Lipsa Nayak, helped seal Pradhan’s conviction.

His widow, Rekha Nayak, told Compass that due to the severe threats on her life that she has received, she and her two daughters were forced to flee the area and go into hiding.

There were around 1,500 Hindu supporters present for this week’s verdict, a source in the courtroom told Compass on condition of anonymity.

“We had to leave the place before the judgment was pronounced and could not enter that area for three or four days after the verdict,” said the source, adding that prosecuting lawyers and human rights activists received the main threats.

Along with the seven years of prison, the Phulbani Court sentenced the Hindu nationalist Bharatiya Janata Party (BJP) member of the Legislative Assembly of Orissa from G. Udayagiri, Kandhamal to a fine a little more than US$100, as it did for Mallick. The verdict came from Fast Track Sessions Court I Judge Sobhan Kumar Das in the Aug. 27, 2008 murder of 31-year-old Parikhita Nayak, a Dalit Christian from Tiangia, Budedipada, in Raikia block of Kandhamal district.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

“I have the highest regard for the judiciary,” Pradhan told Press Trust of India after this week’s verdict. “We will appeal against the verdict in the higher court.”

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that the judgment was “a good boost to the Christian community.”

“When the trials were on, the Nayak family faced terrible times,” Parichha added. “Pradhan and his associates threatened Kanaka Rekha, the widow of the deceased, right inside the courtroom of dire consequences if they testified about them.”

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar diocese issued a statement saying that the verdict had boosted confidence in the judiciary that criminals will be punished.

“People have been waiting for good judgment, and we have confidence in the judiciary that criminals will be punished,” Cheenath said, adding that the sentence will show criminals that the law will not spare any one. “One day or other, they will be punished.”

The Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass that the verdict offered some hope.

“The fact that something has happened gives us some hope that more convictions would take place in the trials to come,” he said.

Calling the conviction “justice that was long overdue,” Howell said that not much can be expected from Fast Track Courts as no security is provided to witnesses.

 

Girl’s Testimony

During the 2008 anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa Nayak’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and then 2-year-old sister, Amisha Nayak, watched in horror as the crowd allegedly beat her father for two hours and then killed him by cutting him into pieces and burning him.

Rekha Nayak filed a complaint and a case was registered against Pradhan, Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district. He had campaigned inside jail.

On March 14, Rekha Nayak and her daughter Lipsa testified in court in spite of the threats. Rekha Nayak reportedly testified that when the Hindu mob demanded that her husband renounce Christianity or face death, he kept quiet, which led to his death.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan.

So far he has been exonerated of murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of the Legislative Assembly.

The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Trials are being held for 38 cases in which 154 people have been convicted and more than twice that many have been acquitted, as high as 621 by one count. Victims filed 3,232 complaints in the various police stations of Kandhamal district. Of these, police registered cases in only 832 instances.

“Nearly 12,000 people are accused in the riot case – 11,803 are out on bail,” said attorney Das.

Report from Compass Direct News

EGYPT: POLICEMEN SENTENCED TO ONLY FIVE YEARS FOR KILLING

Officers convicted of manslaughter despite evidence of deliberate murder.

ISTANBUL, June 8 (Compass Direct News) – Two policemen convicted of killing a Christian in Giza, Egypt have received only a five-year prison sentence for what lawyers are calling the cold-blooded murder of a Copt who stood up for his rights.

The Giza Criminal Court sentenced the two policemen for manslaughter on May 25 for the 2007 death of Nasser Gadallah, 39. Police say he jumped out of a window in an effort to escape, but family members who were eyewitnesses said the officers beat Gadallah and pushed him out the window in intentional murder because he was a Christian who had filed a complaint against police.

The court, however, determined Gadallah died from the officers beating him, and that they did not intend to kill him.

“The court did not punish them [more severely], because from its point of view the officers didn’t kill him,” said family lawyer Nadia Tawfeeq. “They just beat him, and when they beat him he died.”

Gadallah, a plumber, was walking home from work on Aug. 3, 2007 when a police officer, Amir Sobhi, stopped him and took all the money on him, 280 Egyptian Pounds (US$50), and his mobile phone. Recognizing Sobhi because he had previously harassed him, Gadallah filed a police report against him citing the most recent and previous extortion incidents. Sobhi was suspended from duty for four days while police investigated the report.

A source said Gadallah’s wife told him not to file the complaint, saying they did not have power and would be unable to defend themselves. In Egypt, police corruption is rampant, according to local sources.

“But it is a known fact that Copts are definitely picked on more, because they are Christian,” said a source. “They are peaceful people and simply don’t know how to ask for their rights.”

After midnight, in the wee hours of Aug. 7, 2007, two cars full of police officers, along with Police Investigations Officer Ahmed Alnawawy, arrived at Gadallah’s home but found the gate of the family apartment complex locked. The five policemen broke into the neighbor’s home and beat him before they jumped over a wall into the Gadallah home complex.

After beating Gadallah’s brothers and father, the officers broke into his third-floor apartment and beat him, and two of them threw him out a window onto the street as his wife and children looked on, according to Tawfeeq.

“In their minds, he shouldn’t have complained because he was a Copt,” said Tawfeeq.

According to Gadallah’s widow, Mariam Gadallah, who saw the officers beating her husband, one of the officers said to him, “You are Coptic. You have no value.”

“The judge didn’t believe her,” said Tawfeeq of the widow’s testimony. “You know the man is a Christian, so they did not consider it murder.”

Tawfeeq confirmed that the court gave the two policemen who threw him out the window a lenient sentence because it determined that Gadallah’s cause of death was complications due to beating.

The lawyers said that Alnawawy gave the order to the officers to kill Gadallah. According to a neighbor’s account, one of the officers ran out of the building to Alnawawy saying: “We killed the guy, we killed the guy,” said Tawfeeq.

Seeing his body on the ground, neighbors attacked one of the police cars, while some of the officers in the other vehicle managed to escape.

Although most facts and witnesses point to direct orders of Alnawawy, the court freed him of complicity, said prosecuting lawyer Naguib Gobraiel.

“There were instructions from Alnawawy,” Gobraiel said. “The police can’t do anything without him.”

Mariam Gadallah, left with three children ages 2 to 8 and no viable source of income, said she was disappointed in the court’s soft sentence and the lack of compensation to the deceased’s family.

With irritation in her voice, she said, “I think the sentence is very lenient.”

Lawyers applied for an appeal to the federal attorney general last week calling for a re-classification of the killing as “willful, premeditated, and deliberate.” Gobraiel said they also plan to also file a lawsuit against the internal minister for allowing five officers to leave their post at the police station during work hours to attack Gadallah in his home.

“I see this decision as very weak and not suitable for this crime,” Gobraiel said. “This crime is a killing, not a beating.”

Report from Compass Direct News

SAUDI ARABIA: AUTHORITIES RELEASE CHRISTIAN BLOGGER

Kingdom silences convert, prohibits him from leaving country.

LOS ANGELES, April 16 (Compass Direct News) – In a surprise move, a Saudi Christian arrested in January for describing his conversion from Islam and criticizing the kingdom’s judiciary on his blog site was released on March 28 with the stipulation that he not travel outside of Saudi Arabia or appear on media.

Hamoud Saleh Al-Amri (previously reported as Hamoud Bin Saleh), 28, reportedly attributed his release to advocacy efforts by the Arab Network for Human Rights Information (ANHRI). The Cairo-based organization had campaigned for his release along with other rights groups, reported Christian advocacy organization Middle East Concern (MEC).

Gamal Eid, director of ANHRI, told Compass by telephone that he believed his organization had nothing to do with Al-Amri’s release. Rather, he said he believed officials were loath to keep a person of questionable mental stability in prison.

“He is mentally not stable, because he had the courage to say in his blog that he is a Christian,” Eid said. “Anyone in his right mind in Saudi Arabia wouldn’t do that.”

The country’s penalty for “apostasy,” or leaving Islam, is death, although in recent years there have been no known cases of kingdom citizens formally convicted and sentenced with capital punishment for the offense.

This was not the first imprisonment for Al-Amri. He was detained in 2004 for nine months and in 2008 for one month before he was re-arrested on Jan. 13 of this year, and Eid said the young blogger was tortured during the first two incarcerations.

Al-Amri’s treatment during this latest imprisonment is unknown. After his previous releases he had contacted Eid’s office, but the ANHRI director said he has not done so since being released from Riyadh’s Eleisha prison, known for its human rights abuses.

“He was mistreated the first two times he was imprisoned, but this time I don’t know, because he hasn’t contacted me,” said Eid. “In the past he was mistreated with sleep deprivation, prolonged solitary confinement and a continuous barrage of physical torture and insults.”

The advocate added that it is likely Al-Amri was mistreated during his recent imprisonment.

“I consider anyone who declares his religion to be anything than Islam to be extremely brave and courageous, but this extreme courage bordering on carelessness is madness, because he knows what could happen in Saudi,” Eid said. “I’m not a doctor, but I find this extreme.”

Al-Amri has become isolated from his family and lives alone, Eid said, but he said he was unable to comment on the convert’s current situation.

 

Blog Blocked

Following Al-Amri’s latest arrest, MEC reported, Saudi authorities blocked access to his blog inside Saudi Arabia. Google then locked it, claiming there was a technical violation of terms of service. On Feb. 5 it was reportedly restored due to public pressure – after his March 28 release, Al-Amri had credited his release to ANHRI’s efforts on his blog, www.christforsaudi.blogspot.com – but yesterday Compass found the site did not work.

Eid said he was not surprised the blog was blocked.

“That’s what I expected,” he said. “But he will probably start another blog – it’s not difficult.”

Saudi Arabia’s ruling monarchy restricts media and other forms of public expression, though authorities have shown some tolerance for criticism and debate since King Abdullah bin Abdul Aziz Al Saud officially ascended to the throne in 2005, according to the U.S. Department of State.

“Arabic countries are the worst on the list of censoring the Internet and are at the top of the list of antagonizing the freedom of the Internet,” said Eid. “But the Internet is still a good venue, because people are still able to express their views despite the government’s effort to curtail their efforts.”

In his blog prior to his arrest, Al-Amri had criticized the government for quashing individual rights.

“A nation which lives in this system cannot guarantee the safety of its individuals,” he wrote. “Preserving their rights from violation will always be a matter of concern, as the rights of a citizen, his dignity and humanity will always be subject to abuse and violation by those few who have absolute immunity provided to them by the regime.”

Eid of ANHRI described lack of civil law in Saudi Arabia as “extreme.” Citizens can be tortured endlessly, he said, adding that Saudis who openly state Christian faith face severe danger.

Although there have been recent moves towards reform, Saudi Arabia restricts political expression and allows only a strict version of Sunni Islam to be publicly practiced, according to MEC.

Political critic Fouad Ahmad al-Farhan became the first Saudi to be arrested for Web site postings on Dec. 10, 2007; he was released in April 2008.

Eid said he believes the lenient action of the Saudi authorities is a welcome move in a country where “there is no such thing as religious freedom.” In fact the move could encourage people of other faiths to speak up.

“This will open the door to whoever wants to express his belief, whether Christian, Hindu or other,” he said.

Saudis who choose a faith other than Islam and express it may face extra-judicial killings. In August 2008, a 26-year-old woman was killed for disclosing her faith on a Web site. Fatima Al-Mutairi reportedly had revealed on Web postings that she had left Islam to become a Christian.

Gulfnews.com reported on Aug. 12, 2008 that her father, a member of the religious police or Commission for Promotion of Virtue and Prevention of Vice, cut out her tongue and burned her to death “following a heated debate on religion.” Al-Mutairi had written about hostilities from family members after they discovered she was a Christian, including insults from her brother after he saw her Web postings about her faith. Some reports indicated that her brother was the one who killed her.

She had reportedly written an article about her faith on a blog of which she was a member under the nickname “Rania” a few days before her murder.

Report from Compass News Direct