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

Christians Decry Malaysia’s Detention of Bible Books

After stopping 5,100 Bibles in 2009, authorities withhold 30,000 Malay-language copies.

KUALA LUMPUR, Malaysia, March 14 (CDN) — The detaining of 30,000 copies of the New Testament, Psalms and Proverbs in the Malay language at Malaysia’s Kuching Port has “greatly disillusioned” the nation’s Christian community.

The books, imported from Indonesia by the local branch of Gideons International for distribution in schools, churches and longhouses in Betong, Saratok and other Christian areas in Sarawak state, have been detained at the Kuching Port since January.

Authorities told an unnamed officer of the importer on Jan. 12 that he could not distribute the books in Sarawak state, on the island of Borneo, since they “contained words which are also found in the Quran,” according to online news agency Malaysiakini. The officer was ordered to transport the books to the Home Ministry’s office for storage.

Last week, when the same officer enquired of the Home Ministry officials on the status of the Malay Bibles, authorities said they had yet to receive instructions on the matter.

This is not the first time government authorities have detained Malay-language Bibles, and Bishop Ng Moon Hing, chairman of Christian Federation of Malaysia, decried the action.

“The CFM is greatly disillusioned, fed-up and angered by the repeated detention of Bibles written in our national language,” Ng said. “It would appear as if the authorities are waging a continuous, surreptitious and systematic program against Christians in Malaysia to deny them access to the Bible in [Malay].”

An earlier consignment of 5,100 copies of the Good News Bible in Malay, imported by the Bible Society of Malaysia, was detained in Port Klang in March 2009. Together with this latest seizure, the total number of Bibles seized and remaining in possession of the Home Ministry amounts to 35,100 copies.

The CFM, representing a majority of Christians in Malaysia, released a statement on March 10 asserting, “All attempts to import the Bible in Bahasa Malaysia [Malay], i.e. the Alkitab, whether through Port Klang or the Port of Kuching, have been thwarted” since March 2009.

Prior to March 2009, there had been several such incidents, and “each time, tedious steps had to be taken to secure their release,” according to the CFM.

A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life. Christian leaders say having Bibles in the Malay language is crucial to the practice of their Christian faith.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

This latest Bible book seizure has irked Christians and drawn criticisms from politicians spanning both sides of the political divide.

The Sarawak Ministers Fellowship issued a statement registering its “strong protest,” describing the detention of the books as “unconstitutional” and in violation of the 18-point agreement for Sarawak in the formation of Malaysia.

Representing the opposition political party, People’s Justice Party (Sarawak Parti Keadilan Rakyat) Chief Baru Bian described the withholding as “religious harassment” and “a blatant disregard of our constitutional right as Christians in Malaysia.”

Chua Soi Lek, president of the Malaysian Chinese Association, a political party within the ruling coalition National Front, proposed that Malay Bibles be allowed to be printed locally. The deputy chief minister of Sarawak, Dr. George Chan, expressed the state government’s willingness to publish the Malay Bible locally.

Home Minister Hishammuddin Hussein was quoted in The Star newspaper today as saying, “The issue … is being resolved amicably with the parties concerned,” though how this was taking place was not apparent. The home minister has reportedly said the books had been withheld pending an appeal over the use of the word “Allah” in The Herald catholic newspaper.

Secretary-General of Malaysian Muslim Youth Movement Mohamad Raimi Abdul Rahim has called for the government to enforce the ban on use of the word “Allah” by non-Muslims nationwide, including in Sabah and Sarawak.

In a controversial court ruling on Dec. 31, 2009, Judge Lau Bee Lan had allowed The Herald to use the word “Allah” for God in the Malay section of its multilingual newspaper. The Home Ministry filed an appeal against the decision on Jan. 4, 2010, but to date there is no indication as to when the case will be heard.

Report from Compass Direct News

Supreme Court in India Rejects Bail of Orissa Legislator

BJP assemblyman convicted in two murders in 2008 violence says he’s innocent.

NEW DELHI, January 28 (CDN) — India’s Supreme Court on Tuesday (Jan. 25) rejected the bail granted to Hindu nationalist Orissa state legislator Manoj Pradhan following his conviction in the murder of a Christian, Parikhita Nayak.

Pradhan, of the Bharatiya Janata Party (BJP), was convicted on June 29, 2010 of “causing grievous hurt” and “rioting” and sentenced to seven years of prison in the murder of Nayak, of Budedi village, who died on Aug. 27, 2008. In its decision, the Supreme Court ordered the High Court to reconsider its decision to grant him bail.

Pradhan had been granted bail by the High Court on July 6 on grounds having won the April 2009 state assembly election. Contesting the election from jail, he had become a Member of the Legislative Assembly (MLA) representing Kandhamal’s G. Udayagiri constituency. On Sept. 9, 2010 he was convicted in the murder of Bikram Nayak of Budedipada, for which he was sentenced to six years of rigorous imprisonment (see http://www.compassdirect.org, “Court in India Convicts Legislator in Second Murder Case,”
Sept. 10, 2010). He received bail within 40 days of that conviction.

Parikhita Nayak’s widow, Kanaka Rekha Nayak, had challenged the granting of bail before the Supreme Court. She pointed out in her petition that there were seven other murder cases against Pradhan, including the second conviction.

“Being an MLA was not grounds for granting of bail,” she told Compass.

Nayak’s petition also argued that, because of his position, Pradhan intimidated witnesses outside of jail. She told Compass that, after receiving bail in spite of their convictions, Pradhan and an accomplice continued to roam the area, often intimidating her.

In the Supreme Court decision, Justice B. Sudarshan Reddy and Justice S.S. Nijjaron wrote that the High Court should have taken into consideration the findings of the trial court and the alleged involvement of the respondent in more than one case.

“The [bail] order clearly reflects that the High Court was mainly impressed by the fact that the respondent is a sitting MLA,” they wrote. “In the circumstances, we find it difficult to sustain the order.”

Pradhan was accused of stopping Parikhita Nayak and then calling together a large group of persons armed with axes and other weapons, who then hacked Nayak to death; afterward they sought to dispose of the body by burning it.

Pradhan denied all charges against him, telling Compass by telephone that they were “baseless.”

“I have full faith in the judiciary system, and justice will be done,” Pradhan said, adding that he and other “innocent people” have been arrested due to political pressure and that the real culprits are at large.

On his next move, he said he would surrender himself to police custody if necessary and then file another application for bail.

Dr. John Dayal, secretary general of the All India Christian Council, told Compass that he was pleased.

“Pradhan deserves to be behind bars in more than one case, and it was a travesty of justice that he was roaming around terrorizing people,” Dayal said. “He was not involved in every single act of violence, but he was the ring leader. He planned the violence; he led some of the gangs.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that police records showed that Pradhan was a “field commander of Hindu extremists sent to kill Christians.”

The state government’s standing counsel, Suresh Tripathy, supported this week’s cancellation of bail.

 

Cases against Legislator

Pradhan told Compass that a total of 289 complaints were registered against him in various police stations during the August-September 2008 attacks on Christians in Kandhamal district, Orissa, out of which charge sheets were filed in only 13 cases.

Of the 13, he has been acquitted in seven and convicted in two murder cases, with six more cases pending against him – “Three in Lower Court, two in the High Court and One in the Supreme Court,” Pradhan told Compass.

Of the 13 cases, seven involved murder; of those murder cases, he has been acquitted in three.

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.

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

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

 

Status of Trials

Expressing complete dissatisfaction in the trial system, Dayal told Compass that the two Fast Track courts are “meting out injustice at speed.”

“One of the main reasons,” he said, “is lack of police investigation, the inadequacy of the department of projections to find competent public prosecutors, and the inadequacy of the victim community to find a place in the justice process.”

As a result, he said, victims are not appropriately represented and killers are not appropriately prosecuted.

“Therefore, the two courts find enough reason to let people off,” Dayal said.

Complaints filed at a police station in Kandhamal after the violence of 2008 totaled 3,232, and the number of cases registered was 831.

The government of Orissa 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.

The number of violent cases in the Fast Track courts is 231 (non-violent cases numbered 46, with total cases thus reaching 277). Of the violent cases, 128 have resulted in acquittals and 59 in convictions; 44 are pending.

Of the 722 people facing trial, 183 have been convicted, while 639 have been acquitted.

Report from Compass Direct News

Algerian Christians Acquitted of Eating during Ramadan

Judge throws out case against men arrested during Islamic fasting period.

ISTANBUL, October 5 (CDN) — An Algerian court today acquitted two Christian men of eating during Ramadan in spite of a prosecutor’s demand that they be punished for “insulting Islam.”

Authorities on Aug. 12 arrested Salem Fellak and Hocine Hocini for eating lunch on a private construction site where they were working. Ramadan, Islam’s month of fasting during daylight hours, started this year on Aug. 11.

The incident took place in Ain El-Hammam, a town in the province of Tizi Ouzou about 150 kilometers (93 miles) east of the Algerian capital. Tizi Ouzou is part of Kabylie, an area of Algeria where the country’s Protestant church has grown with relative freedom in recent years.

Officers at a nearby police station saw the two men eating and confronted them for not fasting. When police realized the two men were Christians, they accused them of insulting Islam, according to local French-language press reports.

“I do not apologize for anything, and I regret nothing,” Fellak said before the verdict, according to Dernieres Nouvelles d’Algerie. “I have the right to not fast. I am a Christian, and until found guilty, the Algerian constitution guarantees respect for individual freedoms.”

The Algerian Constitution gives the right to all citizens to practice their faith, although it declares Islam the state religion and prohibits institutions from behavior incompatible with Islamic morality. Proposing other faiths to Muslims is also forbidden.

After police arrested Hocini and Fellak, authorities interrogated them for two hours and “admonished” them, according to a French-language news site. Authorities took them to court, where a state prosecutor questioned them. When the men explained to her that they were Christians, she said that Algeria was a Muslim country with no room for Christians and that they should leave the country, according to a local news site.

Today the judge at the court in Ain El Hamman, however, dismissed the case since “no article [of law] provided for a legal pursuit” against the two Christians, according to the BBC.

A small group of Christians standing on the steps of the courthouse reportedly shouted “Hallelujah!” when they heard the outcome of the case. After the verdict, Fellak said he was happy and that he had done nothing wrong, according to Reuters.

Local media also reported cases of Muslim Algerians arrested for eating during Ramadan.

 

Worshipping without Permit

The charges against the two Christians and a case of four Christians on trial for worshipping without a permit in Tizi Ouzou Province have some wondering what has caused authorities to turn their attention to this small community.

This Sunday (Oct. 10), the four men will appear in court for holding Christian meetings at a residence without permission. One of the men, Mahmoud Yahou, has told a local newspaper, “This story concerns all Christians in our country. We are a community intimidated around the country.”

Yahou cited other recent cases of persecution, including that of Habiba Kouider, who in 2008 was tried for practicing Christianity “without a license.” Her case is still pending. Another Christian, Rachid Muhammad Essaghir, has three court cases against him, all in appeals process since 2008.

In most cases, Christians have been charged under a presidential decree from February 2006 that restricts religious worship to government approved buildings. The decree, known as Ordinance 06-03, also outlaws any attempt to convert Muslims to another faith.

“This law of 2006 is contradictory to the constitution,” said a regional researcher who requested anonymity. “It creates a gray zone in which the government and police have room to act against the church. This law gives permission to the government to condemn believers for their faith or illegal worship even if the constitution guarantees religious freedom.”

Also in Tizi Ouzou city, church leaders who were expanding their building to fit their growing congregation received a letter in August from the governor of the province ordering them to stop all construction and demolish the extension.

Algerian Christians and observers say that the two court cases, along with the order to the Tizi Ouzou church to cease expansion of their building, are unusual because they happened in such a short span of time and because the region is regarded as more tolerant of Christianity.

“Perhaps a new wave of persecution is coming,” said the regional researcher. “It’s difficult to know, but in a few weeks we encountered a few problems.”

An Algerian church leader told Compass the government is finding more subtle ways to pressure Christians.

“I think they don’t want to do anything openly,” said the leader, who requested anonymity. “So they are using opportunities they can find, like not giving authorization to build the church in Tizi Ouzou, [and the men] not fasting during Ramadan.”

Report from Compass Direct News

Recent Incidents of Persecution

Tamil Nadu, India, September 30 (CDN) — Police detained evangelist V.K. Williams and seven other Christians after Hindu extremists disrupted their evangelistic meeting on Sept. 29 in Theni, according to the Global Council of Indian Christians. The extremists filed a complaint against the Christians of “forceful conversion” and pressured police to arrest them, and officers took the eight Christians to the station for questioning. At press time, area Christian leaders were trying to free them.

West Bengal – On Sept. 26 in Purulia, Hindu extremists stopped a worship service and dragged Christians out, saying no more prayer or worship should take place in the village. A source in Kolkata reported that the extremists were threatening to kill the Christians if they did not convert to Hinduism. The Christians reported the matter to the Kenda Police Station. Officers summoned both parties to the police station, but the extremists threatened to kill the Christians if they went.

Karnataka – Hindu extremists belonging to the Bharatiya Janata Party and the Bajrang Dal attacked Gnanodya Church at Yellapura, Karwar district, on Sept. 26. The All India Christian Council reported that the assailants broke into a church worship service after having filed a complaint against Pastor Shiva Ram of “forcible conversions.” In the presence of the police, the attackers started to vandalize the church, pulling down calendars and breaking furniture. Church members said their pastor was targeted because of his social service works. Police took the pastor into custody and jailed him.

Karnataka – Karnataka police on Sept. 26 arrested a Pentecostal pastor, Shivanda Siddi, on false charges of “forceful conversions” in Mundgod. The Global Council of Indian Christians (GCIC) reported that at about 11 a.m. five Hindu extremists from the Bajrang Dal stormed the church building while Christians were praying and began arguing with the pastor. They beat him, stripped him of his clothes and took Bibles from those present. The extremists later telephoned police in Yellapur, about three kilometers away (less than two miles), and an inspector arrived and took the pastor, seven women and two young children to the police station. The extremists continued to threaten the Christians in front of police, who watched in silence. With GCIC intervention, police released the women and children without charges, but Pastor Siddi was charged with “defiling a place of worship with intent to insult the religion of any class.” He was put in Uttar Kananda’s Sirsi prison.

Karnataka – On Sept. 19 in Santhemarnalli, police led by Inspector Madhava Swamy threatened a pastor with harm if he did not stop alleged “forceful conversion” activities. The All India Christian Council reported that police threatened Pastor Mhades of Good Shepherd Community Church after Hindu extremists filed the complaint against him. Police barged into his church, questioned him and told him that they would take action against him if he did not stop trying to convert people. Area Christian leaders claimed that there was no case of forceful conversion, and that Christians were only conducting their regular worship services.

Andhra Pradesh – Police on Sept. 17 arrested a Christian convert from Islam, Sheik Magbool, after Muslim extremists filed a complaint against him of uttering derogatory remarks against the prophet of Islam, Muhammad, in Kurnool. A source reported that Maqbool organized a three-day, open air Christian meeting and distributed some tracts that allegedly contained comparisons between the teachings of Jesus Christ and those of Muhammad. The Muslim extremists accused Maqbool of making derogatory remarks against Muhammad, threatened to kill him and filed a police complaint against him. Area Christian leaders maintained that the tracts did not contain any hateful remarks against Muhammad; they asserted that the Muslim extremists reprinted the tracts after adding some lines insulting to Muhammad in order to fabricate a case against the Christians. Maqbool was put in a jail cell, with the Down Court rejecting his petition for bail on Sept. 21.

Chhattisgarh – On Sept. 15 in Raipur, Hindu extremists misrepresenting themselves as journalists barged into a prayer meeting led by Pastor Kamlakarrao Bokada and accused him of “forceful conversion,” verbally abused him and falsely accused him of dishonoring their idols. They ordered the pastor to video-record the prayer meeting, but he refused. The pastor, who visits Christian homes in the Khorpi area, was ordered not to do so again. Police refused to register a complaint by Christians.

Andhra Pradesh – Hindu extremists in Vizianagaram on Sept. 13 attacked a pastor’s wife, injuring her head, and told the church leader to leave the area, according to the All India Christian Council. The attack came after Pastor Y. Caleb Raj of Good Shepherd Community Church requested that youths playing loud music before the idol of Ganesh near his church not disturb the Sept. 12 worship service. As the pastor was speaking to organizers of the Ganesh event, Hindu extremists gathered and some tried to manhandle him. They told him to close down the church and leave the village. When Pastor Raj was out on ministry work the next day, the same group of Hindu extremists came and struck his wife with a wooden club. Pastor Raj filed a police complaint, but no arrests had been made at press time.

Chhattisgarh – Hindu extremists in Raigarh on Sept. 12 beat evangelist Robinson Roat and ordered him to stop all Christian activities. The Global Council of Indian Christians reported that about 25 extremists barged into the worship meeting in Roat’s home. They told him he would face further harm if he left his house. The Christian did not venture out for two days.

Madhya Pradesh – Hindu extremists in Satna on Sept. 12 accused Pastor V.A. Anthony of “forceful conversion” and of carrying out the funeral of a non-Christian in a local Christian cemetery. Based on the complaint of the Hindu extremists, the inspector general of police summoned Pastor Anthony and a high-level inquiry is pending, reported the Global Council of Indian Christians (GCIC). The son of a local church member had died under mysterious circumstances earlier this year, and the pastor and church members had buried him in the Christian cemetery according to the wishes of his parents and other relatives, according to the GCIC.

Uttar Pradesh – Hindu nationalists from the extremist Rashtriya Swayamsevak Sangh on Sept. 5 beat a pastor in Sarva village in Babina, Jhansi district. The Global Council of Indian Christians (GCIC) reported that three Hindu extremists led by Surendra Yadav and armed with wooden clubs barged into the church building after Sunday classes and beat Pastor Anil Masih on his back and legs, kicked him and verbally abused him. The assault went on for about 30 minutes. The next day, Masih’s father informed Babina police. Masih received hospital treatment for a broken left leg. GCIC sources told Compass that after Masih’s discharge from the hospital on Sept. 10, he filed a complaint against the extremists at the Babina police station on Sept. 13. At press time, no arrests had been made.

Karnataka – Police on Sept. 1 stopped a pastors’ meeting in Mysore, claiming that they were being trained to “convert people,” though conversion and persuading to convert is legal in India. The Global Council of Indian Christians (GCIC) reported that the Mysore Pastors Association organized a two-week pastoral training program with about 50 local church leaders and evangelists in attendance. Police arrived and ordered the organizers to vacate the premises by the next day. Even though such trainings are legally permitted in India, the Christians called off the meeting.

Rajasthan – Hindu extremists attacked two Christian workers, damaged their vehicles and seized evangelistic literature from them on Aug. 26 in Udaipur. The All India Christian Council reported that evangelists Charlie John and V.M. George were distributing gospel tracts when a group of Hindu extremists suddenly came and began objecting. The extremists blocked their vehicle and beat the two Christians, leaving them with serious injuries. Police came to their rescue and suggested they file a complaint against the extremists, but the Christians said they chose to forgive their attackers.

Report from Compass Direct News

Court in India Convicts Legislator in Second Murder Case

Manoj Pradhan arrested; three more cases pending against Hindu nationalist.

NEW DELHI, September 10 (CDN) — A Hindu nationalist legislator was arrested yesterday after a court pronounced him guilty of playing a major role in the murder of a Christian during anti-Christian carnage in Orissa state’s Kandhamal district in August 2008.

The Fast Track Court II in Kandhamal convicted Manoj Pradhan of the Hindu nationalist Bharatiya Janata Party (BJP) in the murder of a 30-year-old Christian, Bikram Nayak, who succumbed to head injuries two days after an attack by a mob in the Raikia area of Budedi village on Aug. 25, 2008.

Judge Chitta Ranjan Das sentenced Pradhan to six years of rigorous imprisonment for “culpable homicide not amounting to murder” under Section 304 of the Indian Penal Code and imposed a fine of 15,500 rupees (US$335) for setting houses ablaze.

Pradhan, who contested and won the April 2009 state assembly election from jail representing Kandhamal’s G. Udayagiri constituency, was not initially accused in the police complaint in Nayak’s murder, but his role emerged during the investigation, according to The Hindu.

One of the primary suspects in violence that followed the assassination of Hindu nationalist leader Swami Laxmanananda Saraswati on Aug. 23, 2008, Pradhan was initially arrested in Berhampur city in neighboring Ganjam district in December 2008. The violence began a day after Saraswati’s killing when Hindu nationalist groups blamed Christians for his murder, although Maoists (extreme Marxists) claimed responsibility for it.

In spite of this week’s conviction, the Orissa state unit of the BJP said the case against Pradhan was weak.

“The case is not strong,” Orissa BJP President Jual Oram told Compass by telephone. “Pradhan was merely present at the scene of crime.”

Pradhan was named in at least 12 police complaints concerning murder and arson. But after he won the election, he was released on bail.

This is the 36-year-old Pradhan’s second conviction. On June 29, Kandhamal’s Fast Track Court I sentenced him to seven years in jail in a case concerning the murder of another Christian, Parikhita Nayak, also from Budedi village, who was killed on Aug. 27, 2008. Though not convicted of murder, Pradhan was found guilty of rioting and causing grievous hurt in the Parikhita Nayak case.

The June 29 judgment led to his arrest, but the Orissa High Court granted him bail eight days later.

The BJP will challenge the convictions in a higher court, Oram said.

Last month Kanaka Rekha Nayak, widow of Parikhita Nayak, complained that despite the conviction of Pradhan and an accomplice, they were immediately given bail and continued to roam the area, often intimidating her.

Rekha Nayak was among 43 survivors who on Aug. 22-24 testified in Delhi before the National People’s Tribunal (NPT), a private hearing of victims of the Kandhamal violence organized by the National Solidarity Forum, a confederation of 60 non-profit groups and people’s movements.

Nayak said local politicians, including Pradhan, hit her husband with an axe. Her husband’s body was later chopped into pieces, she recalled as she sobbed during testimony at the tribunal, headed by Justice A.P. Shah, former chief justice of Delhi High Court.

The fast track courts set up especially to hear cases related to the anti-Christian violence have acquitted Pradhan in seven cases for lack of evidence. Three more cases are pending against him.

The state BJP’s Oram said Christians had created “hype” about the cases against Pradhan to “trouble us.” He added, “The state government is not doing anything to arrest and try the killers of the Swami.”

 

Testimony

The NPT tribunal asserted that between August and December 2008, about 2,000 people were “forced to repudiate their Christian faith.”

The tribunal cited government figures asserting that during the violence from August to December 2008, more than 600 villages were ransacked, 5,600 houses were looted and burned, 54,000 people were left homeless, and 38 people were murdered in Kandhamal alone. It also noted that human rights groups estimated that over 100 people were killed, including women, disabled and aged persons and children, and “an un-estimated number suffered severe physical injuries and mental trauma.”

While there were reports of four women being gang-raped, many more victims of sexual assault were believed to have been intimidated into silence, the tribunal concluded.

As many as 295 church buildings and other places of worship, big and small, were destroyed, and 13 schools, colleges, and offices of five non-profit organizations damaged, it said, adding that about 30,000 people were uprooted and living in relief camps, with many of them still displaced.

“More than 10,000 children had their education severely disrupted due to displacement and fear,” it reported. “Today, after two years, the situation has not improved, although the administration time and again claims it is peaceful and has returned to normalcy.”

The Christian community was deliberately targeted by Hindu nationalist groups such as the Rashtriya Swayamsevak Sangh, the Vishwa Hindu Parishad (World Hindu Council), the Bajrang Dal and the active members of Bharatiya Janata Party,” the tribunal concluded.

The jury also observed that cries against religious conversions were used as for political mobilization and “to incite horrific forms of violence and discrimination against the Christians” of Dalit (formerly “untouchables” according the caste hierarchy in Hinduism) origin.

“The object is to dominate them and ensure that they never rise above their low caste status and remain subservient to the upper castes,” it added.

The jury accused police of complicity, which “was not an aberration of a few individual police men, but evidence of an institutional bias against the targeted Christian community.”

“The jury is constrained to observe that public officials have colluded in the destruction of evidence, and there is testimony directly implicating the District Collector [the administrative head of a district] in this misdemeanor.”

The jury expressed concern over the lack of mechanisms to protect victims “who have dared to lodge complaints and witnesses who have courageously given evidence in court,” as they “are unable to return to their homes.”

“There is no guarantee of safe passage to and from the courts. They are living in other cities and villages, many of them in hiding, as they apprehend danger to their lives.”

It also noted mental trauma in children.

“There has been no trauma counselling for the affected children and adolescents in Kandhamal. Even today they have nightmares of running in the jungle, with the killers in pursuit, are scared of any loud sound and are afraid of people walking in groups or talking loudly.”

Bollywood lyricist Javed Akhtar, who was part of the tribunal, said that incidents such as the Kandhamal carnage against religious minorities continued to happen with “alarming frequency” in India.

“As citizens of this democracy, we should hang our heads in shame,” he said.

Report from Compass Direct News

Convicted Hindu Nationalist Legislator in India Released on Bail

Stunned Christians suspect bias in case of politician’s role in Orissa violence.

NEW DELHI, July 30 (CDN) — Less than a month after Orissa state legislator Manoj Pradhan was sentenced to seven years of prison for his part in anti-Christian mob violence in 2008, he was released on bail pending his appeal.

Along with fellow Hindu nationalist Prafulla Mallick, Pradhan on June 29 was convicted of causing grievous hurt and rioting in connection with the murder of a Christian, Parikhita Nayak. Justice B.P. Ray heard the petition on July 7, and the same day he granted Pradhan and Mallick bail conditional on posting bail bond of 20,000 rupees (US$430) each.

Pradhan and Mallick were released from jail on July 12 and await the outcome of an appeal to the Orissa High Court.  

Attorney Bibhu Dutta Das said that ordinary people don’t get bail so easily when convicted of such crimes, and he questioned how Pradhan could be granted release just for being a legislator.

“It takes years for convictions in High Court,” Das told Compass. “We will not sit silent. We will challenge this bail order in the [New Delhi] Supreme Court very soon.”

The Christian community expressed shock that someone sentenced to seven years in prison would get bail within seven days of applying for it.

“I am very disappointed with the judiciary system,” said Nayak’s widow, Kanaka Rekha Nayak, who along with her two daughters has been forced into hiding because of threats against her. “I went through several life threats, but still I took my daughters for hearings whenever I was called by the court, risking my daughters’ lives – certainly not for this day.”

In addition to the bail, the court has issued a stay order on the 5,000 rupee (US$107) fine imposed on Pradhan and Mallick. Attorney Das told Compass the decision was biased, as the Lower Court Record was not even consulted beforehand.

“This is the normal court procedure, and it was bypassed for Pradhan,” he said. “The judgment was pre-determined.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass, “Sometimes the judicial system seems mockery to me. One court convicts him, and another one grants him bail.”

The rulings are demoralizing to those who look toward the courts for justice, he said.

“There is a very powerful force behind this. It is not as simple as it looks,” Parichha said.

Dr. John Dayal, secretary general of the All India Christian Council, said he was surprised by the orders.

“While it is a legal right for anybody to get bail, it is surprising that Pradhan was wanted in so many cases, and he can coerce and influence witnesses,” Dayal said. “His petition should not have been granted.”

The two Hindu nationalists were convicted by the Phulbani Fast Track Sessions Court I Judge Sobhan Kumar Das. Pradhan, member of the state Legislative Assembly (MLA) from G. Udayagiri, Kandhamal for the Hindu nationalist Bharatiya Janata Party (BJP), filed a petition stating that his name was not mentioned in the original First Information Report filed by Kanaka Rekha Nayak, but that he was dragged into the case later.

The bail order includes a warning to Pradhan to refrain from intimidating witnesses, stating, “The petitioner shall not threaten the witnesses examined.”

Rekha Nayak, along with her daughters Lipsa Nayak (4 years old when her father was killed) and Amisha Nayak (then 2 years old) were eyewitnesses to the murder of her 31-year-old husband, a Dalit Christian from Tiangia, Budedipada, in Kandhamal district. He was murdered on Aug. 27, 2008.

Rev. Dr. Richard Howell, general secretary of the Evangelical Fellowship of India, urged the Christian community to keep hope.

“The case is still on, not that it has come to an end,” he said. “There is a move that is being made to take the case further.”

Attorney Das has said he plans to appeal Pradhan’s sentence of seven years, in hopes of increasing it to life imprisonment.

 

Cases

Pradhan, who denies any wrongdoing, 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 the Nayak case, 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.

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.

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

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

Rekha Nayak filed a complaint and a case was registered against 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 – campaigning from jail – was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district.

In recent court actions, Fast Track Court-II Additional Sessions Judge Chittaranjan Das on July 21 acquitted nine persons who had been arrested in the Tikabali area for various offenses, including arson, due to “lack of evidence.” The main charge against them was torching of a church on Aug. 28, 2008 at Beladevi village.

At least 132 persons have been convicted in different cases related to the 2008 violence in Orissa’s Kandhamal district, state Chief Minister Naveen Patnaik said on July 19. Patnaik said that 24 members of the Hindu extremist Bajrang Dal (Youth Wing of World Hindu Council) and VHP have been arrested and jailed.

Revenue and Disaster Management minister S.N. Patro said on July 21 that the 55 Christian places of worship were damaged in Tikabali block; 44 in G. Udaygiri; 39 in Raikia; 34 in K. Nuagaon; 19 in Baliguda; 16 in Daringbadi; nine in Phulbani; six in Kotgarh; five in Tumudibandha; and one each in Phiringia and Chakapada blocks.

 

SIDEBAR

India Briefs: Recent Incidents of Persecution

Karnataka – Hindu extremists from the Rashtriya Swayamsevak Sangh accused a pastor in Aldur of forceful conversion on July 24 and threatened him, telling him not to preach about Jesus. The All India Christian Council reported that the extremists filed a police complaint against Pastor Anand Kumar of forceful conversion. Both police and extremists ordered Pastor Kumar to remove the cross and name plate of the church. At press time area Christians were taking steps to resolve the issue.

Jammu and Kashmir – The state’s Foreigners Registration Officer reportedly issued a notice to a senior Christian worker to leave India by July 20 after a false complaint of forceful conversion was filed against him. The Global Council of Indian Christians reported that the state succumbed to pressure by Muslim extremists to deport Father Jim Borst, who has run Good Shepherd School in the Kashmir Valley since 1963. The school has been attacked on two occasions by members of other schools who felt they were unable to compete with it. For eight years these groups have led a campaign against Borst, claiming he was forcibly converting people under the guise of providing education. Borst, who denies the charge, has a valid visa till 2014. The interior minister reportedly said he had no knowledge of the deportation order, and Borst’s superiors indicated he would not leave.

Madhya Pradesh – Hindutva (Hindu nationalist) extremists on July 18 disrupted Christian worship in Barwaha, near Indore. The Global Council of Indian Christians reported that Pastor Subash Chouhan of the Indian Evangelical Team was leading Sunday worship when the extremists stormed in on the terrified Christians. They accused Pastor Chouhan of forceful conversion, photographed the congregation and told the pastor to close his tailoring school, which includes non-Christian students. This is the second time Pastor Chouhan has been arrested on false charges of forceful conversion; previously he was jailed for three days. The case was pending at press time.

Punjab – Police arrested Christians on July 10 after Hindu nationalists beat them, falsely accusing them of forcible conversion in Gurdaspur. Members of the Indian Pentecostal Church of God (IPCG) Western Region were visiting houses in the area on a social outreach mission when a group of extremists began to argue with them and then started beating four of them with their fists and shoes. Later they handed the Christians over to police, along with three more Christian men and five Christian women, complaining that they were converting people from the Hindu religion. Pastor Promod Samuel, along with the IPCG head A.M. Samuel, rushed to the Gurdaspur City police station to help the Christians, but officers detained them as well. Samuel told Compass that the president of the Hindu extremist groups Shiva Sena and Bajrang Dal, as well as many other Hindu nationalist leaders, gathered at the police station clamoring for officers to file charges against the 14 Christians. Hearing of the arrests, Christian leaders of Gurdaspur requested their release. The Christians were not released until Samuel signed an agreement assuring that Christians would not enter any non-Christian home. “The extremists are continuously following us around, to keep a check on us.” Samuel said.

Andhra Pradesh – Hindu extremists toppled a church building and attacked Christians on July 6 in Parawada, Visakhapatnam. The All India Christian Council (AICC) reported that local Hindu extremists were jealous and angry that a church stood at the entrance of the village and urged the Christians to move. The extremists threatened to attack the Christian community, claiming that they would allow no church in the area. When the church pastor refused to give in to their demand, they began damaging his household goods and pulled down the church building. The extremists also stopped the Christians from drawing water from a well. AICC was taking steps to resolve the matter at press time.

Madhya Pradesh – Police on July 4 arrested and charged two Christians under the state’s controversial “anti-conversion” law at Jawahar Nadar, Adharthal. According to the Global Council of Indian Christians (GCIC), a member of the Apostolic Christian Assembly, Shravan Kuman Dubey, invited Vishal Lal to lead a prayer service for his 6-year-old son Ravi’s birthday. Around 7:30 p.m., during prayer, a mob of nearly 75 Hindu nationalist extremists accompanied by police entered the house and falsely accused those present of forced conversion, taking 14 Christians to the Adhartal police station. After nearly four hours, police charged Shravan Kumar and Vishal Lal with forcible conversion and sent the others home. With GCIC intervention, both were released on bail the next day.

Madhya Pradesh – Hindu extremists belonging to the Dharma Raksha Samithi (Religion Protection Council) on June 28 stopped a Christian school bus and questioned young elementary students in Indore. The Global Council of Indian Christians reported that the bus was carrying Christian students from Orissa to their school in Indore. The extremists ordered the young students to get out of the bus and asked them whether forceful conversion was taking place, frightening the schoolchildren as police remained mere spectators. After threatening to harm the Christians if they carried out any Christian activities, they let them go. Area Christian leaders condemned the incident as a sign of Hindu extremists’ “reign of terror” in the state and demanded an investigation.

Karnataka – On June 13 in Anekal, Bangalore, Hindu extremists from the Rashtriya Swayamsevak Sangh beat a pastor whom they accused of forceful conversion. The Evangelical Fellowship of India reported that, in an apparently premeditated attack, an unidentified extremist telephoned Pastor Sam Joseph to come and pray for a sick person. The pastor agreed, only to be taken to a gathering of Hindu extremists with media people. The extremists accused the pastor of forceful conversion, beat him up and dragged him to Hebbagudi police station. Police released the pastor without charges after forcing him to agree that he would no longer lead Christian meetings.

Himachal Pradesh – State officials on June 5 sealed a Mission India building, claiming that it belongs to “outsiders,” in Bari, Mandi district. The Evangelical Fellowship of India’s (EFI) advocacy desk reported that the government closed the building, which functioned as a Bible study center and orphanage, claiming that no land in the area could be owned by non-native people. Pastor Sam Abraham told Compass that Mission India purchased the plot in 2005, constructed a building in 2007 and began using it as a Bible study center and orphanage in 2008. In July 2008, Hindu extremists filed a complaint against Mission India of forceful conversion and demanded the building be shut down. The extremists have since accused the Christians of forceful conversion, verbally abused them for their faith and threatened to kill them if they did not leave. Mission India officials asserted that the land legally belongs to them and that they have all necessary documents. At press time the Christians were looking for a place to rent that would accommodate at least 10 orphans.

Report from Compass Direct News

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

Egyptian Convert from Islam Devastated by ‘Delay Tactic’

Court suspends Mohammed Hegazy’s lawsuit pending outcome of separate case.

CAIRO, Egypt, May 17 (CDN) — An Egyptian convert to Christianity said he is devastated by a recent court decision to suspend a lawsuit he filed to change the religion on his identification card from Muslim to Christian.

The First District of the Court of the State Council on April 27 suspended Mohammed Ahmed Hegazy’s case until the Constitutional Court rules on a challenge to Article 47, a section of the civil code that in theory allows Egyptians to change the religion listed on their ID card.

Hegazy, 27, said the suspension endangers his children’s welfare and will force them to lead a double life indefinitely – at home they will be taught to live in accordance with the Bible, and outside it they will be taught to live according to the Quran.

If they ultimately decide to follow Jesus, Hegazy said, his children will be declared “apostates” and be persecuted the rest of their lives for “leaving Islam.” Hegazy, who has suffered severely after Egypt’s religious authorities declared him an apostate, including being imprisoned by State Security Investigations (SSI) several times, said he filed the case so his children would avoid the same fate.

“I didn’t want them to have to go through the same harassment and persecution that I went through,” he said. “My daughter won’t be able to go to school without constantly fearing for her safety. She might even be killed simply because she is my daughter.”

Hegazy is arguably the most well-known Muslim convert to Christianity in Egypt. He rose to national prominence in August 2007 when he became the first Muslim convert in Egypt to sue for the right to change the religious status on his identification card to “Christian.”

Hegazy said he became a Christian in 1998 after seeking God during a period of intense study of religion. In his final assessment, he said, he found that Islam was void of the love and forgiveness found in Christianity.

Not long after his conversion, Hegazy said, he was arrested by SSI agents who tortured him for three days. In 2001, the SSI arrested Hegazy for writing a book of poems critical of the agency, which has been accused of abusive practices to preserve the regime. In 2002, the SSI arrested Hegazy and held him for more than two months in a prison he compared to a “concentration camp.”

In addition to the government response to his conversion, Hegazy said his mother and father have attacked him repeatedly for becoming a Christian.

“In the culture in Egypt, for a person to change his religion, it’s a big deal because it’s a question of honor and tradition,” Hegazy said. “My dad and my mom took it in a really bad way and would beat me.”

Hegazy married another convert from Islam, Katarina, in 2005. Katarina also wants her ID changed but fears government reaction; there are numerous reports circulating among Egyptian Christians about female converts being arrested and tortured by the SSI or simply disappearing in Egypt’s prison system under Egypt’s Emergency Law. Renewed last week for another two years, the law grants the government broad powers of arbitrary incarceration that human rights groups have roundly criticized.

Delay Tactic

When Hegazy filed his suit in 2007, he and his wife were expecting their first child. Overnight, Egyptian media propelled him into the national limelight. And the persecution got much worse.

Two religious scholars from Al-Azhar University, one of the leading voices of Islamic thought in the Middle East, publicly declared it was legal to kill Muslims that convert to Christianity. In one incident, extremists surrounded a home where Hegazy had once lived and stayed there for several days. In another incident, a group of men ransacked and set fire to Hegazy’s apartment while he was away.

Throughout his legal proceedings, several of Hegazy’s attorney’s have dropped out of the case after receiving death threats, being sued or being arrested. On Jan. 28, 2009, a court ruled that Muslims were forbidden to convert to another religion and ordered Hegazy to pay the costs of hearing his case. He appealed.

Hegazy lives in hiding. Unable to work, the former journalist is supported by friends and other Christians. Last month’s ruling will likely delay a decision in Hegazy’s case for several years and keep him and his family in limbo.

“The court is using this decision as a way of delaying having to make an ultimate decision,” Hegazy said.

The couple’s first child, Mariam, is now 2 years old, and their second child, Yousef, is 3 months old. Because Hegazy and his wife are unable to change their ID to reflect their true faith, the government lists both of their children as Muslims. If they choose to become Christians, they will be considered apostates who, in accordance with longstanding interpretation of the guiding scriptures of Islam, must be killed by faithful Muslims.

“It makes me feel like religion in Egypt isn’t something you can choose by your own free will; it’s something that you are forced to be, and nobody has a choice to choose what their religion is,” Hegazy said. “It bothers me a lot because my kids know they are being brought up as Christians in their home and their parents are Christians, but they can’t practice their religion outside the house.”

Inconsistent Rules

Every Egyptian citizen age 16 or older must carry a state-issued ID card that is required for opening a bank account, enrolling children in school and for starting a business, among other activities. Religious identity also determines to which civil or family court one is subject.

Of primary importance to Hegazy is that the religion indicated on the ID card determines what religious education classes a child is required to take in school.

There is a stark contrast in Egypt between the treatment of Christians who want to change the religious affiliation on their ID card to Islam and Muslims who want to change their affiliation to Christianity. Generally speaking, because Muslims consider the preaching of Muhammad to be the last of three revelations from God to man, in practice “freedom of religion” in Egypt means only the freedom to convert to Islam.

Article 47 of Egypt’s constitution guarantees freedom of religion, but the constitution also states that Islam is the official religion of Egypt. Article 2 of the constitution states that Islamic law, or sharia, is “the principle source of legislation” in Egypt.

The difference between the treatment of converts to Christianity and converts to Islam is illustrated in the case of Samy Aziz Fahmy. The week before the court postponed Hegazy’s case, Fahmy, a Coptic Christian from Saayda village, changed his legal status to Islam. He received his ID card reflecting his new religion on the same day he applied for it – on the day he turned 18, the legal age for conversion.

“I think it’s very weird and not fair that when Christians want to convert to Islam there’s no problem, their papers go through and there’s no discrimination against them,” Hegazy said. “But when Muslims want to convert to Christianity, all of the sudden it’s a big deal.”

Hegazy is not alone in his legal battles. After he filed his case, other Muslim converts sought court action to change their IDs. Like Hegazy, most are in hiding of some sort. Hegazy’s lead attorney, Ashraf Edward, said he is working on several ID cases. He estimates there are more than 4 million converts to Christianity who want to change the religion listed on their ID, though the basis for that figure is unclear.

“There are a lot of people who want to change their ID, but they’re afraid of turning it into a court case because they don’t want to be persecuted,” Edward said.

International Condemnation

Human rights groups and government agencies around the world have condemned Egypt for its record on religious freedom. In a report issued earlier this month, the United States Commission on International Religious Freedom outlined Egypt’s problems with identification cards and the treatment of converts from Islam, taking note of Hegazy’s case.

“The Egyptian government generally does not recognize conversions of Muslims to other religions,” the report states. “Egyptian courts also have refused to allow Muslims who convert to Christianity to change their identity cards to reflect their conversions. In the first such case, brought by Muhammad Hegazy, a lower court ruled in January 2008 that Muslims are forbidden from converting away from Islam based on principles of Islamic law. The court also stated that such conversion would constitute a disparagement of the official state religion and an enticement for other Muslims to convert. Hegazy, who has been subjected to death threats and is currently in hiding, has appealed the ruling.”

The report cited numerous other problem areas in regard to freedom of worship in Egypt, and the country remained on USCIRF’s Watch List for 2010. Egypt has been on the list since 2002. Among the changes USCIRF said are necessary in Egypt is how religion is reported on Egypt’s national ID card.

The commission said Egypt must “ensure that every Egyptian is protected against discrimination in social, labor, and other rights by modifying the national identity card, either to omit mention of religious affiliation or make optional any mention of religious affiliation.”

Report from Compass Direct News 

Pakistani Muslim Prohibits Burial in Christian Graveyard

Land-grabber seizes cemetery, keeps mourners from burying body of young man.

GUJRANWALA, Pakistan, April 1 (CDN) — A Muslim land owner who effectively seized a Christian graveyard here refused to allow the burial of a young Christian at the site on Sunday (March 28).

Christians in Noshera Virkan, Gujranwala, have only one graveyard measuring little more than one acre. This longstanding disadvantage turned into a nightmare when Muhammad Boota, who owns much of the land in the area, prohibited Christians from burying the body of 25-year-old Riaz Masih there on Sunday (March 28).

Social worker Sajjad Masih told Compass that in the midst of the dispute, police from Saddar police station arrived and sided with Boota.

“You may burn your dead, but you cannot bury them in this graveyard,” Assistant Sub-Inspector (ASI) Asif Cheema told mourners while beating them and pushing them out of the graveyard, according to Masih.

The Christian mourners dispersed, and then went to the Station House Officer of the Saddar police station with their complaint. He did not pay heed to them, Masih said.

The death of a youth is always seen as a great tragedy in Pakistani culture, he said, making Boota’s denial especially callous. Masih said that when the Christian mourners saw no other option, he helped them organize a protest the next day; he and the crowd took the body to the office of the highest police officer in the city, the deputy inspector general (DIG) of Gujranwala. Mourners protested for two hours before the DIG on Monday (March 29), and police later accompanied them to the graveyard to allow the burial.

“We blocked a road and chanted slogans against the police and Muhammad Boota,” Masih said, “and after a few hours the DIG called us to his office. After listening, the DIG assured his support and referred the case to the relevant superintendent of the police, who told us that Boota would be arrested, and that he would also suspend ASI Asif Cheema.”

The SP said he would also order the arrest of anyone who kept Christians from burying their dead in the graveyard, Masih added.

None of the promises have been fulfilled. Khalid Gill, chief organizer in Punjab Province of the All Pakistan Minorities Alliance, said Boota has not been arrested, nor has ASI Cheema been suspended, as the superintendent of police had only promised those actions to appease the Christian community.

“It is a very common practice of government officials to settle down tensions with false promises that they never fulfill,” Gill said.

Gill told Compass that Boota had stationed armed men two weeks prior to the attempted burial to stop Christians from entering the graveyard. The graveyard has a long history as a Christian burial site, Gill said, but in 1997 Boota obtained one-fourth of it and then immediately filed a court case for full possession, bringing an interim stay order until the case is decided.

Pakistan civil cases often go on for decades, Gill said, and the case is still pending. He said that Boota turned part of the graveyard land that he obtained into a bus stop and used another part for his residence.

A local area source told Compass on the condition of anonymity that Boota enjoyed the backing of Member of Provincial Assembly Chaudhry Khalid Parvaiz Virk. He said that Virk was part of the Pakistan Muslim League-Nawaz (PML-N), which is in power in Punjab Province.

“He was supporting the land grabbers, and the provincial government has taken no notice of it,” the source said.

Report from Compass Direct News