Australia doesn’t have a constitutional right protecting freedom of the person – it needs one

Migration legislation does not require judicial authorisation for a person to be deprived of their freedom.
AAP/Dean Lewins

Bede Harris, Charles Sturt University

The recent wrongful detention of two Australian citizens by immigration authorities highlights that our Constitution offers inadequate protection for freedom of the person.

This is not the first time Australian citizens have been unlawfully detained. In 2001, Vivian Solon, who had suffered a head injury, was deported even though she told immigration officials she was an Australian citizen. In 2004, Cornelia Rau, also an Australian citizen, was held in immigration detention after she was unable to identify herself because of mental illness.

The government could do this because migration legislation does not require judicial authorisation for a person to be deprived of their freedom. The Solon and Rau cases were found to be only two of more than 247 instances of unlawful detention that had occurred over the previous 14 years.
The extent of the government’s power was revealed in 2015, when the Department of Immigration announced Operation Fortitude. This would have involved stopping people randomly on Melbourne’s streets to check their migration status. The operation was cancelled only after mass public protest.

So, anyone who is walking in the Melbourne CBD and speaks with a strange accent, or has suffered a brain injury, or is experiencing mental illness and cannot demonstrate a right to be in Australia, is liable to detention at best – and deportation at worst – without recourse to the courts.

Where the Constitution lacks

The reason the government has this power is because Australia’s Constitution does not adequately protect individual liberty.

In 1992, the High Court held that separation of powers means that only courts can declare people guilty of crimes and imprison them. It therefore held that parliament cannot enact laws authorising the government to do that.

However, the court said that parliament can authorise the government to order so-called “non-punitive” detention – for example, detention for immigration purposes or in cases of communicable diseases.

Section 75(v) of the Constitution allows someone to challenge government decisions on administrative grounds. However, the High Court has held that this section does not allow the courts to decide whether the exercise of power is reasonable. On this basis, it found it would be lawful to detain someone under the Migration Act forever.

The court has also held that there may be many other – undefined – circumstances in which people can be detained without court approval.

The concept of “non-punitive” detention is vague. It is also oxymoronic: all detention is surely punitive to the person who experiences it. It leads to the bizarre situation that the law provides you more protection if you have committed a crime than if you have not.

It is fundamental in a free society that the law should not allow the state to deprive a person of liberty other than through due judicial process.

What a protection could look like

The Liberal Party proclaims its belief in “the inalienable rights and freedoms of all peoples” and a “just and humane society”. Yet it marked the 800th anniversary of the Magna Carta – the founding document protecting rights in western democracies – by drafting legislation authorising deprivation of citizenship without the need to go to court.

Labor has been no less resistant to the idea of constitutional rights. The Rudd government’s terms of reference to its inquiry into human rights specifically excluded consideration of putting new rights into the Constitution.

Opposition by politicians to constitutional rights is obviously self-serving, and it is often absurd as well. Former NSW premier Bob Carr objected to a Bill of Rights on the ground that it would create a “lawyer’s picnic”.

In a free society, it ought never to be lawful for a government to detain people by executive order alone.

The only effective way to protect liberty of the person is to deny the government the power to detain, unless it can demonstrate to a court that there are reasonable grounds for deprivation of liberty. And the only effective way to prevent the government from enacting legislation to give itself that power is to create a constitutional right protecting freedom of the person.

This right could be phrased as:

Everyone has the right to due process of law and not to be unreasonably deprived of personal liberty.

In a system where the burden appears to lie on the individual to prove they are lawfully in Australia rather than on the state to prove they are not, we are all vulnerable to deprivation of liberty.

The right to individual liberty is also a basic requirement of human dignity. That a person has been deprived of a right by a democratically elected parliament does not diminish the assault on their dignity.

The concept of a free society inescapably requires that limits be imposed on the will of the majority. That is why the power of parliaments has to be restrained.

This is what opponents of rights who trot out the objection to “unelected judges” overturning parliament’s will fail to grasp. It is precisely because judges are independent of the will of political majorities that ultimately only the courts can effectively protect individual freedom.

Bede Harris, Senior Lecturer in Law, Charles Sturt University

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

Australia: NSW – Bushfire Story (One Person’s Story)

The link below is to an article that reports on one person’s experience in the devastating bushfires currently impacting on homes and lives in NSW, Australia.

For more visit:
http://www.biblesociety.org.au/news/im-christian-house-just-burned

Latest Persecution News – 01 May 2012

Grenade Attack on Church in Kenya Kills One

The following article reports on the latest news of persecution in Kenya, where a grenade attack on a church has killed one person and injured 16 others. The attack is believed to have been from Islamic extremist group al Shabaab.

http://www.compassdirect.org/english/country/kenya/article_1522556.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.

Pakistani Christian Falsely Accused of ‘Blasphemy’ Illegally Detained

Policeman says Arif Masih, held at an undisclosed location, is innocent.

LAHORE, Pakistan, April 15 (CDN) — Police in Punjab Province, Pakistan have illegally detained a Christian on a “blasphemy” accusation, even though one officer said he was certain an area Muslim falsely accused 40-year-old Arif Masih because of a property dispute.

On April 5 Shahid Yousuf Bajwa, Masih’s next-door neighbor, initially filed a First Information Report (FIR) against “an unidentified person” for desecrating the Quran after finding threatening letters and pages with quranic verses on the street outside his home in Village 129 RB-Tibbi, Chak Jhumra, Faisalabad district. Desecrating the Quran under Section 295-B of Pakistan’s blasphemy statutes is punishable by up to 25 years in prison.

“Some identified person has desecrated the Holy Quran and has tried to incite sentiments of the Muslims,” Bajwa wrote in the FIR. Clearly stating that he did not know who had done it, he wrote, “It is my humble submission to the higher authorities that those found guilty must be given exemplary punishment.”

Bajwa charges in the FIR that when he went outside his home at 9 p.m. and found the pages, he looked at them by the light of his cell phone and thought they were pages of the Quran. Masih’s uncle, Amjad Chaudhry, told Compass the pages look like those of a school textbook containing quranic verses.

Chaudhry said Bajwa and his two brothers are policemen. After Bajwa found the pages and the threatening letters, Chaudhry said, he arranged for an announcement to be made from the loudspeaker of the area mosque.

“The message urged all the Muslims of the village to gather there due to the urgency and sensitivity of the matter,” Chaudhry said.

He said initially local Muslims were very angry and suggested that Christian homes be set ablaze, but that others said the Christians should be first given a chance to explain whether they were responsible.

“Then some Muslims began saying that because Arif Masih lived on this street, he would be the person who could have done this crime,” he said. “However, most of the people who gathered there said that they knew Arif Masih well and they could not imagine he could do such a vile thing. But others insisted that because Masih was the only Christian who lived on the street, only he could be suspected of the crime.”

At about 10 p.m. on April 5, Chaudhry said, Bajwa’s brother Abdullah Bajwa called Masih to the Siyanwala police station, where he was arrested; Masih’s family members were unaware that he had been arrested.

According to Section 61 of Pakistan’s Criminal Procedure Code, an arrested person must be produced within 24 hours before a court; Masih has been detained at an undisclosed location without a court appearance since April 5, with police failing to register his arrest in any legal document, making his detention illegal. Investigating Officer Qaisar Younus denied that Masih was in police custody, but Superintendent of the Police Abdul Qadir told Compass that Masih had been detained for his own safety.

Younus told Compass that he was sure Masih was innocent, but that he had been falsely accused because of a land dispute.

 

Property Conflict

According to Chaudhry, about two years ago Masih bought a plot next to his house that another villager, Liaquat Ali Bajwa (no relation to Shahid Yousuf Bajwa) wanted to buy – and who despised Masih for it, telling the previous owner, “How come a Christian can buy the plot that I wanted to buy?”

The parcel owner had given Masih preference as he knew him well, and he understood that the homeowner adjacent to the property had the first rights to it anyway.

At the same time, Ali Bajwa was able to seize about five square feet of the house of a Christian named Ghulam Masih after the wall of his home was destroyed in last year’s flooding. Feeling he was not in position to challenge Ali Bajwa, Ghulam Masih sold the land to Arif Masih so that he could take charge, Chaudhry said.

Arif Masih subsequently filed a civil suit against Ali Bajwa to evict him from his property. Chaudhry said Arif Masih was about to win that case, and that Ali Bajwa thought he could retain that property and obtain the one Arif Masih had purchased by accusing him of blasphemy with the help of police officer Shahid Yousuf Bajwa.

Ali Bajwa had been threatening Masih, saying, “You will not only give me this plot, but I will even take your house,” Chaudhry said.

Chaudhry said he had learned that Shahid Yousuf Bajwa felt badly after villagers criticized him for falsely accusing an innocent man of blasphemy, but that Bajwa feared that if he withdrew the case he himself would be open to blasphemy charges.

 

Neighbors

Arif Masih’s family has remained steadfast throughout the case, refusing to flee the area in spite of the possibility of Muslim villagers being incited to attack them, Chaudhry said.

“It all became possible because of Muslim villagers who sided with us,” he said.

Chaudhry said that when police arrived at the scene of the Muslims who had gathered with the pages and the threatening letters, the villagers told officers that they had not seen who threw them on the street. He said that the letters included the threat, “You Muslims have failed in doing any harm to us, and now I order you all to convert to Christianity or else I will shoot you all.”

The letters did not bear the name of the person who wrote them, he added.

On Monday (April 11), Chaudhry managed to meet with Masih, though Masih’s wife has yet to see him. Chaudhry told Compass that the first thing Masih asked him was whether everyone was safe, as there are only three Christian families in the area of about 150 Muslim homes.

“If the mob had decided to harm our houses, then it would have been very devastating,” Chaudhry said.

After Masih was arrested, at midnight police came to his house and began beating on the main gate, Chaudhry said. When Masih’s wife, Razia Bibi opened the door, the officers rushed into the house and searched it.

“They were looking for some proof, but thank God they could not find anything that could even be remotely linked with the incident,” he said.

Chaudhry added that police have not mistreated Masih, but he said the matter has lingered so long that he feared police may involve him in the case, or that “things may go wrong like in most blasphemy cases.”

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

Unprecedented Appearance of Foreign Evangelist in Vietnam

Luis Palau preaches at Protestant centennial in spite of government putting up obstacles to event.

HO CHI MINH CITY, Vietnam, April 11 (CDN) — The first appearance by a U.S.-based evangelist preaching at a major event since the 1975 communist victory in Vietnam helped the country’s Protestants to celebrate their centennial last weekend after government officials gave last-minute approval.

In what seems to have become standard government procedure in Vietnam, permission requested months in advance was granted – at a venue several kilometers from the one organizers sought – just three hours before the first major celebration of the Centennial of Protestantism in Vietnam (1911-2011) at Thanh Long Stadium in Ho Chi Minh City on Saturday (April 9) was scheduled to begin. Argentine-born Luis Palau, who has preached in person to 28 million people in 72 countries, delivered the gospel
message.

A second night of celebration began at 7 p.m. on Sunday.

The venue change meant equipment staged in one part of the city had to be moved to the new location before it could be assembled, church leaders said. It also meant notifying many thousands of people invited to one venue about the change to the other, they said.

Given the lack of government cooperation, the leader of Vietnam’s Evangelical Fellowship (of house churches) said the fact that the event went ahead at all was “an absolute miracle.”

By word-of-mouth, Internet, Twitter, Facebook, and especially phone texting, thousands of people got word of the change as technicians and hundreds of volunteers made heroic efforts to ready the stadium. Vietnamese police proved surprisingly helpful in redirecting people from the original site to the new location.

At 9 p.m. – two hours after the schedule start – huge banners reading “PRAY FOR VIETNAM” and “GOD LOVES VIETNAM” were unfurled to welcome the Luis Palau Team and thousands of people to the festival, which joyfully combined the centennial celebration with Easter.

After opening prayers and welcome by Vietnamese leaders, Palau’s son Andrew Palau gave testimony to how God delivered him from alcoholism and drug addiction and called him to Christian service. An Intel Corp. vice-president also gave testimony to how God blessed his life and his business. Pastor-musician Don Moen, known for songs such as “Give Thanks,” “God is so Good,” and “God will Make a Way,” provided inspirational music followed by exuberant congregational singing.

Palau began his message at 11 p.m., delivering a concise and clear evangelistic sermon, and about 800 came forward as he invited people to receive Christ. It was after midnight before people began to depart for their homes.

The second celebration proceeded Sunday evening (April 10) in a more orderly and timely fashion. More than 12,000 people filled the seats and most of the chairs set up on the stadium field. In response to Palau’s second message, more than 1,000 people, according to one organizer, came forward in response to the call to follow Christ.

Photos and Vietnamese text on the events are readily available at http://www.hoithanh.com, and clips of the arrival of Palau and Moen in Vietnam may be found on YouTube. They were welcomed at Ho Chi Minh City’s Tan Son Nhut airport by hundreds of enthusiastic young people carrying banners and flowers.

Dr. Nguyen Xuan Duc, president of the Vietnam World Christian Fellowship, said he was very encouraged about the future of the church in Vietnam.

“These are watershed days for Protestantism in Vietnam,” he said. “There is no fear, but rather wonderful spontaneity and irrepressible joy. Events like this happen in spite of the government and without the blessing of some overly conservative church leaders. What we see is young, vibrant, lay-led, internationally connected and very media-savvy.”

While Moen, Palau and others spoke on Sunday night, also appearing in Ho Chi Minh City was iconic singer/songwriter Bob Dylan – whose performance sold only about half of the 8,000 seats at RMIT university.

A week before in Beijing, censors who reviewed Dylan’s song list allowed an unabashedly Christian song beginning, “Jesus said be ready for you know not the hour in which I come,” but did not allow “Blowin’ in the Wind” and “The Times They Are A-Changin’,” according to The Associated Press. Brad Adams of Human Rights Watch complained that, in an earlier day, Dylan – whose music contributed to opposition to the Vietnam War – would never have let a government tell him what to sing, according to the AP.  

Vietnamese organizers and the Palau team now travel north to Hanoi for similar events on Friday and Saturday (April 15-16). As yet there is no indication whether authorities there will be more accommodating than they were in Ho Chi Minh City.

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

India Briefs: Recent Incidents of Persecution

Karnataka, India, April 8 (CDN) — Four Christians, including a police constable, were beaten on April 1 in Madikeri district on allegations of “religious conversion abetment,” as if conversion were illegal in India. Daijiworld Media Network reported that K. Nidugane villagers were enraged when a Christian constable identified only as Prasanna, along with three others identified only as Diwakar, Lawrence and Dias, went door-to-door distributing pamphlets and books in Nandimotte village. A few enraged Hindu villagers beat them, tore their clothes half-off, and brought them to a police station. Hindu extremist leaders who found out rushed to the village, but before they could manhandle the four, policemen intervened and took the accused Christians into custody. Deputy Superintendent of Police J.D. Prakash said that a recommendation had been sent to the superintendent of police seeking Prasanna’s suspension from service, the Daijiworld report stated. Diwakar, along with his wife Telcy Diwakar, had also been arrested and released on bail when they visited Devastoor village on March 26. A police official told Compass that the Christians have been charged with “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”

Karnataka – Police on April 1 arrested Christians after Hindu nationalists registered false complaints of “conversion” against them (religious conversion is legal in India) in Kodihalli, Bangalore. The Global Council of Indian Christians (GCIC) reported that citizens identified only as Vincent, Johnson, Satyan and Naveenand Vinod were at a prayer and fellowship meeting in the home of a Christian when area Hindu extremists led by a person identified only Prashanth stormed the house, made the accusation and forced them to the Kodihalli police station. A GCIC coordinator told Compass that the intolerant Hindus shouted anti-Christian rants along the way, and that police were mute spectators as the extremists mocked the Christians at the police station. Police charged the Christians with “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”

Himachal Pradesh – On March 17 at Rekong Peo in Kinnur district, Hindu extremists ostracized the Christian community and warned them under threat of violence to conduct no future worship meetings. The All India Christian Council (AICC) reported that Hindu nationalist extremists barred Christians from using a public road, collecting drinking water and entering a local forest. A group of 20 Christians filed a complaint at the Bhavannagar police station, but officials failed to protect the victims at the behest of the local Hindu extremists. AICC submitted a detailed report to the National Commission for Minorities, requesting an investigation.

Kerala – On March 31 on Kara Beach Road, Kodungallur, Hindu extremists attacked Pastor N.V. Eliyas and Pastor Milton George of New India Church of God as they were returning home with their families from a house dedication prayer service. The extremists shouted slogans against the Christians as they accused them of “forceful conversions,” reported the Global Council of Indian Christians. The Hindu extremists damaged the Christians’ vehicles. Pastor Eliyas sustained injuries on his head and ear and was rushed to the Kodungallur Government Hospital. Police arrested 35 Hindu extremists who were involved in the incident.

Uttar Pradesh – On March 20 in Lonianpurawa, Balrampur district, an irate mob of 60 Hindu extremists barged into the worship meeting of The Healing Church and beat those present. An earlier incident had taken place the previous Sunday (March 13), when Hindu extremists threatened the worship led by convert Gudgi Verma and his wife Saroja Verma, according to the Evangelical Fellowship of India (EFI). Opposing their thriving ministry in the area, local Member of the Legislative Assembly Gorakhnath Baba allegedly had sent about 25 Hindu extremists to the church to deliver the warning to discontinue church services. The Christians continued, and on March 16 Baba and 50 Hindu extremists went to the site, urged the couple to stop all Christian worship meetings and restore Hindu idols to the house, give offerings to the temple and observe all Hindu festivals, according to EFI. Evangelists Abhay Kumar and Keshov Parsad went to Lonianpurawa on March 20 to lead worship, and the Hindu extremists suddenly barged in, verbally abused the Christians for their faith and beat them. The situation in the area is reported as tense, and local Christians are praying to be able to resume regular Sunday worship meetings.  

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

Convert from Islam Escapes Egypt with Daughter

After painful effort to change ID card, Christians flee – to similar fate.

CAIRO, Egypt, March 21 (CDN) — When the plane carrying Maher El-Gohary and his daughter, Dina Mo’otahssem, took off from Cairo International Airport last month, they both wept with joy. After spending two-and-a-half years in hiding for leaving Islam to become Christians, they were elated by their newfound freedom.

They also felt secure that once they arrived in Syria, they would quickly obtain visas to the United States and start a new life. That hope soon proved unfounded.

After spending more than a week and a half unable to obtain a visa to the United States or to any country in Europe, they realized they may have traded in the reality of being prisoners in their own country for being refugees in another. And as El-Gohary watches the weeks pass and his resources dwindle, he said the stress is almost unbearable.

“I feel like we’ve stepped out of a prison cell and into a fire,” he said. “We are in very, very bad conditions … My daughter and I divide the bottles of water to live, because there is no income.”

Maher Ahmad El-Mo’otahssem Bellah El-Gohary, 58, gained notoriety in Egypt after he sued the government in August 2008 to gain the right to change the religion listed on his state-issued ID card from Islam to Christianity. In Egypt, ID cards play a critical role in a person’s life, being used for everything from opening a bank account and renting an apartment to receiving medical care.

The listed religious affiliation, whether a card-holder subscribes to it or not, also determines whether the person is subject to Islamic civil law. The listed religious designation determines what state-mandated religion classes minors are required to take in school. El-Gohary said he filed the suit so his daughter, then 15, could opt out of the religious classes and would not be subject to the persecution he suffered when he became a Christian in his 20s.

It is a crime punishable by imprisonment to have no ID card in Egypt.

The suit sparked outrage throughout Egypt. Both El-Gohary and his daughter were publicly branded apostates in a country where 84 percent of Muslims think those who leave Islam should be executed, according to a study released by the Pew Research Center in December. The same month the suit was filed in 2008, El-Gohary and his daughter were forced into hiding.

For two-and-a-half years, El-Gohary shifted back and forth among several apartments in Cairo and Alexandria, usually once every month. Even in hiding, the two were harassed regularly by Egypt’s dreaded State Security Intelligence service (SSI) and assaulted repeatedly by others, including someone pouring acid on Dina, El-Gohary said.

While in hiding, El-Gohary tried repeatedly to leave Egypt, but officials at the Ministry of the Interior blocked him at every attempt. On at least one occasion, they seized his passport. In December 2010, after a long legal battle, El-Gohary got a court decision ordering the Ministry of the Interior to allow him to travel, but he said it still took several weeks for the government to comply with the order; the Jan. 25-Feb. 11 revolution didn’t hurt, El-Gohary said.

 

Out of Egypt

After the national demonstrations that led to the removal of both President Hosni Mubarak and Minister of Interior Habib Al-Adly, El-Gohary and his daughter went to Cairo International Airport on Feb. 22 to leave the county. They came prepared with their newly issued passports, the court order and myriad documents to prove they had the right to leave the country. Even so, authorities took the two aside for interrogation at the airport.

“My daughter and I went to the counter of the airport to the manager, then they took us to the SSI,” El-Gohary said. “We spent an hour talking to an officer trying to tell him, ‘We spent ages during Habib Al-Adly’s time, and even now after the revolution, we don’t have the right to leave?’”

According to El-Gohary, the guard asked him if he really wanted to leave the country.

“Yes,” El-Gohary replied. “I have a court order against Al-Adly, and I have the right to leave and the freedom to travel outside the country.” As if to add insult to more than two years of injury, the SSI officers told El-Gohary that Egypt was “their country” and to “come back anytime you want to.”

El-Gohary credits the revolution as the reason he was allowed to leave Egypt, saying it was a miracle “from God.”

They chose to go to Syria because Egyptian citizens are not required to have visas to visit there. After contact with a U.S. organization that concentrates on religious freedom, El-Gohary expected it would be easy to get a visa to the United States, where his wife lives. But he said he has been unable to obtain an entry visa there or to any country where he will feel safe. He went to a U.N. office in Syria seeking assistance; he was given an appointment to come back on April 20.

“I wasn’t expecting, after all this suffering and all these years, that…” El-Gohary said, cutting himself off. “The series of persecution is not finished.”

Although they don’t live under the same type of threats as they did in Egypt, El-Gohary and Dina now live in an apartment where they still watch everything they say and everyone with whom they talk. They still spend much of their time trapped between the four walls of their apartment because Syria, El-Gohary said, is a country where converts to Christianity from Islam are persecuted.

“The danger is still there,” El-Gohary said. “We don’t get out of the house. We don’t meet people. We don’t tell people what we are doing or talk to them about our situation. Because we don’t want someone to say, ‘Why are you applying to the U.N.?’ There are still a lot of enemies.”

Dina, now 17, said that although leaving Egypt was “like a miracle,” she is devastated by the prospect of having to spend more time with her life on hold. She said she is just as scared in Syria as she was in Egypt.

“We’re really, really tired of all this suffering,” she said. “I’ve lost two years of my life. I want to finish school.”

Muslim converts to Christianity in Syria were sometimes forced to leave their place of residence due to societal pressure last year, according to the U.S. Department of State’s 2010 International Religious Freedom Report. While there is no official state religion in Syria, the constitution requires that the president be Muslim and stipulates that Islamic law is a principal source of legislation.

With strict monitoring and curtailing of militant Islam, the government in Syria has long been considered a moderate regime. The government’s fear of violent responses by Islamic extremists to increasing conversions to Christianity, however, was at least partially responsible for the closing of six buildings where Christians were meeting last year, according to Christian support organization Open Doors. Noting that several Christians were arrested and interrogated in 2010, the organization’s World Watch List bumped Syria’s ranking up to 38th place among nations in which persecution of Christians takes place, from position 41 the previous year.

Syria is 90 percent Muslim, and 6.34 percent of its 22.5 million population is Christian, according to Operation World.

Though El-Gohary and his daughter have a dark outlook on their current situation, they are still grateful.

“Without God’s love, we would have been dead by now,” El-Gohary said. “Getting out of Egypt itself was a victory from God.”

Dina said she also is thankful, but that as she gets older she is becoming increasingly preoccupied by one wish.

“I want to get out so I can finish my studies,” she said. “I want to go into a church and out of a church without being scared of being killed.”

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

Christian Woman Freed from Muslim Kidnappers in Pakistan

Captors tried to force mother of seven to convert to Islam.

LAHORE, Pakistan, March 11 (CDN) — A Christian mother of seven here who last August was kidnapped, raped, sold into marriage and threatened with death if she did not convert to Islam was freed this week.

After she refused to convert and accept the marriage, human traffickers had threatened to kill Shaheen Bibi, 40, and throw her body into the Sindh River if her father, Manna Masih, did not pay a ransom of 100,000 rupees (US$1,170) by Saturday (March 5), the released woman told Compass.   

Drugged into unconsciousness, Shaheen Bibi said that when she awoke in Sadiqabad, her captors told her she had been sold and given in marriage.

“I asked them who they were,” she said. “They said that they were Muslims, to which I told them that I was a married Christian woman with seven children, so it was impossible for me to marry someone, especially a Muslim.”

Giving her a prayer rug (musalla), her captors – Ahmed Baksh, Muhammad Amin and Jaam Ijaz – tried to force her to convert to Islam and told her to recite a Muslim prayer, she said.

“I took the musalla but prayed to Jesus Christ for help,” she said. “They realized that I should be returned to my family.”

A member of St. Joseph Catholic Church in Lahore, Shaheen Bibi said she was kidnapped in August 2010 after she met a woman named Parveen on a bus on her way to work. She said Parveen learned where she worked and later showed up there in a car with two men identified as Muhammad Zulfiqar and Shah. They offered her a job at double her salary and took her to nearby Thokar Niaz Baig.

There she was given tea with some drug in it, and she began to fall unconscious as the two men raped her, she said. Shaheen Bibi was unconscious when they put her in a vehicle, and they gave her sedation injections whenever she regained her senses, she said.

When she awoke in Sadiqabad, Baksh, Amin and Ijaz informed her that she had been sold into marriage with Baksh. They showed her legal documents in which she was given a Muslim name, Sughran Bibi daughter of Siddiq Ali. After Baksh had twice raped her, she said, his mother interjected that she was a “persistent Christian” and that therefore he should stay away from her.

Shaheen Bibi, separated from an abusive husband who had left her for another woman, said that after Baksh’s mother intervened, her captors stopped hurting her but kept her in chains.

 

Release

Her father, Masih, asked police to take action, but they did nothing as her captors had taken her to a remote area between the cities of Rahim Yar Khan and Sadiqabad, considered a “no-go” area ruled by dangerous criminals.

Masih then sought legal assistance from the Community Development Initiative (CDI), a human rights affiliate of the European Center for Law & Justice. With the kidnappers giving Saturday (March 5) as a deadline for payment of the ransom, CDI attorneys brought the issue to the notice of high police officials in Lahore and on March 4 obtained urgent legal orders from Model Town Superintendent of Police Haidar Ashraf to recover Shaheen, according to a CDI source.

The order ultimately went to Assistant Sub-Inspector (ASI) Asghar Jutt of the Nashtar police station. Police accompanied by a CDI field officer raided the home of a contact person for the captors in Lahore, Naheed Bibi, the CDI source said, and officers arrested her in Awami Colony, Lahore.

With Naheed Bibi along, CDI Field Officer Haroon Tazeem and Masih accompanied five policemen, including ASI Jutt, on March 5 to Khan Baila, near Rahim Yar Khan – a journey of 370 miles, arriving that evening. Area police were not willing to cooperate and accompany them, telling them that Khan Baila was a “no-go area” they did not enter even during daytime, much less at night.

Jutt told area police that he had orders from high officials to recover Shaheen Bib, and that he and Tazeem would lead the raid, the CDI source said. With Nashtar police also daring them to help, five local policemen decided to go with them for the operation, he said.

At midnight on Sunday (March 6), after some encounters and raids in a jungle area where houses are miles apart, the rescue team managed to get hold of Shaheen Bibi, the CDI source said. The captors handed over Shaheen Bibi on the condition that they would not be the targets of further legal action, the CDI source said.

Sensing that their foray into the danger zone had gone on long enough, Tazeem and Jutt decided to leave but told them that those who had sold Shaheen Bib in Lahore would be brought to justice.

Fatigued and fragile when she arrived in Lahore on Monday (March 7), Shaheen Bibi told CDN through her attorneys that she would pursue legal action against those who sold her fraudulently into slavery and humiliation.

She said that she had been chained to a tree outside a house, where she prayed continually that God would help her out of the seemingly impossible situation. After the kidnappers gave her father the March 5 deadline last week, Shaheen Bibi said, at one point she lifted her eyes in prayer, saw a cross in the sky and was comforted that God’s mighty hand would release her even though her father had no money to pay ransom.

On four previous occasions, she said, her captors had decided to kill her and had changed their mind.

Shaheen Bibi said there were about 10 other women in captivity with her, some whose hands or legs were broken because they had refused to be forcibly given in marriage. Among the women was one from Bangladesh who had abandoned hope of ever returning home as she had reached her 60s in captivity.

Masih told CDN that he had prayed that God would send help, as he had no money to pay the ransom. The day before the deadline for paying the ransom, he said, he had 100 rupees (less than US$2) in his pocket.

Report from Compass Direct News

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

Pakistani Officials Back Muslim Land-Grabbers, Christians Say

Senior district authorities accused of supporting desecration of 150 Christian graves.

LAHORE, Pakistan, March 9 (CDN) — Christians in south Punjab Province are accusing senior district officials of supporting local Muslims who allegedly demolished 150 Christian graves and desecrated holy relics – and are now threatening Christians seeking legal redress.

In the Kot Addu area of Muzaffargarh district, Waseem Shakir told Compass by telephone that an influential Muslim group last Nov. 6 took illegal possession of a 1,210-square yard piece of land designated as a Christian cemetery and set up shops on it. Official records state that the portion of land was allotted as a Christian cemetery, he said.

“Local Muslims demolished 150 Christians’ graves and desecrated the cross and biblical inscriptions on the graves in a bid to construct shops on the property,” said Shakir, a resident of Chak (Village) 518, Peer Jaggi Morr, Kot Addu. “Only five marlas [151.25 square yards] are all that is left for the Christians to bury their dead now.”

Shakir said that all Muzaffargarh area authorities, including the local politicians, were supporting the alleged land-grabbers even as Christians feared a mob attack.

“The situation has come to point where even the local police have warned their higher-ups that the tension could provoke a Gojra-type incident,” he said, adding that Muslim instigators were now openly trying to intimidate him and Boota Masih, who registered a case with police, into dropping the matter.

In Gojra on Aug. 1, 2009, Muslim hordes acting on an unsubstantiated rumor of blasphemy of the Quran – and whipped into a frenzy by local imams and banned terrorist groups – killed at least seven Christians, looted more than 100 houses and set fire to 50 of them. At least 19 people were injured in the melee.

Shakir said Christians had approached police and the district administration to register a case against the Muslims for desecrating their sacred relics and hurting religious sentiments, but authorities have shown little attention to their grievance. Masih registered the complaint on behalf of area Christians, but the station house officer of the Daira Deen Panah Police, Waseem Leghari, altered it to state that Muslims had only occupied a piece of the cemetery land, Shakir said.

“Leghari registered a case against the Muslims under Section 297 of the Pakistan Penal Code [trespass of a place for the dead], which is a bailable offense, despite the fact that a case under the blasphemy law should have been registered against the Muslims for desecrating the Christian holy relics,” Shakir said.

Police took no measures to arrest the 11 named suspects, he added.

“No one seems bothered over the desecration of our cross and biblical inscriptions,” Shakir said.

Section 297 of the penal code states, “Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sculpture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”

Shakir said that, besides the 150 demolished graves, the illegal occupants had thrown garbage on another 50 graves. The police’s indifferent attitude towards the Christian community had been hurtful, he said, and Christians had repeatedly taken up the issue with District Police Officer (DPO) Chaudhry Manzoor and District Coordination Officer Tahir Khurshid.

They did not take the issue seriously, Shakir said.

DPO Manzoor rejected the Christians’ accusations.

“It’s not as serious a case as they are portraying,” he told Compass. “The people who have built shops on the land are not illegal occupants but the real owners.”

He said Christians were furious because the shopkeepers put some of their belongings on the graves.

“No one has desecrated any Christian holy symbol, book or grave,” he said. “Any fears that the issue could lead to another Gojra are baseless.”

Manzoor said the matter would be resolved amicably.

Napolean Qayyum, leader of the Minorities Wing of the ruling Pakistan People’s Party (PPP), told Compass that open desecration of the Christian symbols and places and the police’s alleged support of the culprits showed the prejudice of the Punjab government towards minority groups.

“An application regarding this incident is lying in the Punjab chief minister’s secretariat, but it seems the Pakistan Muslim League-Nawaz’s [PML-N] government in Punjab wants another Gojra-like incident to take place in Kot Addu,” he said, adding that it was curious that all major violence against Christians usually takes place when the PML-N is in power in the province.

Qayyum said that he had taken up the matter with the PPP leadership.

“It’s a case of blasphemy, and the culprits should have been rounded up under Section 295-A,” he said. “I have contacted Farahnaz Ispahani, the political adviser to President Asif Zardari, and she has assured me of the federal government’s support in this matter.”

He added that stern action against local police and administrative authorities was necessary to set an example for others.

Report from Compass Direct News