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Explainer: how will the emergency release of NSW prisoners due to coronavirus work?

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AAP/Jono Searle

Thalia Anthony, University of Technology Sydney

The New South Wales government has passed emergency legislation providing the Corrections Commissioner with powers to release some of the state’s 14,034 prisoners.

This legislation was introduced in the wake of the global release of prisoners to cope with the COVID-19 pandemic. Most recently, the United States has begun to release thousands of prisoners across four states.



Read more:
Why releasing some prisoners is essential to stop the spread of coronavirus

Legislation to release prisoners in NSW was drafted amid the growing number of cases of COVID-19 infections in prison populations, including staff. The overcrowding and poor sanitation and health conditions in prisons make them ripe for the rapid spread of disease.

Long Bay jail in Sydney was locked down this week when two prison staff tested positive for COVID-19 and several inmates displayed symptoms. The higher incidence of chronic health conditions among inmates predisposes them to suffer serious and critical outcomes from the virus.

Why is legislation needed?

The NSW government has introduced the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) to address the escalation of COVID-19 cases in the state.

NSW has the highest per capita rate in Australia, with more than 1,000 cases as of March 25. The emergency legislation provides for the release of prisoners. The provision will apply for a minimum of six months and may apply for up to 12 months under regulations.

This emergency provision is concerned with protecting vulnerable inmates and releasing prisoners who pose a low risk to the community. Attorney-General Mark Speakman said the legislation was designed to protect the health of inmates and frontline prison workers as well as the “good order and security” of prisons.

Freeing up prison space through the early release of prisoners will enable the remaining prisoners to be isolated, to prevent or control an outbreak. It also allows the health needs of remaining inmates to be better addressed.

We have seen what happens without this action in prisons overseas: infection spreads rapidly and foments unrest among prisoners. In Italy, prisoner fears that they faced a death sentence because of COVID-19 resulted in riots in 23 Italian prisons and the deaths of 12 prisoners.

Who can be released under the legislation?

The COVID-19 legislation allows for the release of prisoners who belong to a prescribed “class of inmates”. They may be defined according to their health, vulnerability, age, offence, period before the end of the prison term and any other matter as set down in regulations.

Serious offenders are excluded. This not only rules out those specifically mentioned, including prisoners convicted of murder, serious sex offences and terrorism, but also high-level drug and property offenders.

The Corrections Commissioner will determine an individual’s release where it is “reasonably necessary” due to “the risk to public health or to the good order and security of correctional premises”. Community safety and the prisoner’s access to suitable accommodation outside prison are necessary aspects of the decision-making. Other consideration are whether the offender has previously committed a domestic violence offence and the impact of the release on the victims.

Prisoners will be released on parole and subject to standard parole conditions. They will, for example, have to be of good behaviour and not reoffend, as well as any additional conditions determined by the commissioner, including home detention and electronic monitoring.

Does this cover all prisoners?

There are some concerning omissions from this legislation if it is to achieve its objectives of protecting inmates, prison staff and the community.

First, it is not clear whether it will apply to youth detention centres. This vulnerable group requires special protection in this period when they are denied visits from their parents, family and lawyers, have fears about COVID-19 infection and most likely are unaware of their rights to health care.

The legislation also does not refer to remand prisoners, who constitute over one-third of prisoners in NSW. The legislation explicitly refers to parole, rather than determinations on bail.

Administrators must set down regulations to include this group in the prescribed “class of inmates” for release. Otherwise, those most entitled to liberty – who have not been convicted or sentenced – will be left in prison to suffer through the pandemic. The suspension of new jury trials will mean they spend further time in prisons until well after the COVID-19 crisis.

Critically, the legislation is silent on people who are facing a prison sentence or remand order, but not yet in prisons. For those people, there is no legislation urging the courts to consider the coronavirus pandemic in promoting non-prison sentences or allowing bail applications.



Read more:
Homelessness and overcrowding expose us all to coronavirus. Here’s what we can do to stop the spread

Over the past week, lawyers have rushed to collect evidence on the effect of the pandemic on prisoners to support their clients’ pleas not to be imprisoned. Supreme Courts in Victoria and the ACT have accepted the relevance of COVID-19 in bail applications. But there is a lack of guidance elsewhere on bail and sentencing, increasing the risk of more people being sent into the prison system.

Schedule 1 of the emergency legislation granted controversial powers to the attorney-general to alter the bail laws by regulation during the crisis. The NSW government has indicated it intends to use these powers to deliver changes on bail to prevent more prisoners entering jail on remand. The timing and scope of these changes have not been detailed, but are certainly critical to preventing the pandemic entering our prisons.

Not only would the entry of new inmates add to the burden on prisons, it could also create a devastating situation where unknown carriers of the coronavirus enter the system.

While there are no laws to limit courts ordering imprisonment during the pandemic, Corrections Commissioner Peter Severin could use his discretion to review the release of prisoners at the point of reception. In other words, the process between the court order and physical entry into a prison cell. Regulations should clarify the use of the commissioner’s power at this point to prevent unnecessary entry of new prisoners.

Does it strike the right balance in community protection?

The immediate release of NSW prisoners will protect prisoners from greater exposure to COVID-19, limit the outbreak of the virus in prisons and minimise the spread between prison and the community.

But there is more to be done. The release of less serious offenders should not be based on the pre-pandemic criteria of the risk of the individual. These criteria often discriminate against Indigenous people, those with mental health issues and socio-economically deprived. Rather, it should be based on the health needs of prisoners and the interests of community safety in managing the health risk.

Given that many prisoners have poor health and are serving short prison terms, the broad use of the commissioner’s discretion could result in thousands of prisoners being released from NSW prisons.

Ultimately, the legislation will only work to minimise the worst effects of COVID-19 in prisons if the commissioner exercises his discretion widely to prevent overcrowding and take the load off already scarce health services in prisons.The Conversation

Thalia Anthony, Professor in Law, University of Technology Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Saudi Arabia: Ethiopian Christians Being Detained

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35 Christians from Ethiopia have been arrested and detained in Saudi Arabia for holding Christian meetings. This video is a report from Voice of America, including an interview with one of the female prisoners.

 

Two Indian Christians Languish in Saudi Prison

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‘Religious police’ raid apartment; no official charges.

LOS ANGELES, March 28 (CDN) — Friends and family of two Indian Christians arrested after a prayer meeting in Saudi Arabia in January have tried in vain to secure their release.

The two Christians were incarcerated for attending the prayer meeting with other Indian nationals and accused of converting Muslims to Christianity, though the government has not produced formal charges, sources said.

Yohan Nese, 31 and Vasantha Sekhar Vara, 28, were arrested on Jan. 21 when mutaween (religious police) raided an apartment where the two had lingered after attending the prayer meeting. Religious police interrogated and beat them to the point that they suffered injuries, according to sources. During this time, religious police who were cursing at them allegedly tore up and trampled on Bibles and Christian material they had confiscated, said a source who spoke to the men.

Authorities asked them how many Christian groups and pastors there are in Saudi Arabia and Riyadh and asked their nationalities. The religious police also put pressure on the two to convert to Islam, according to sources.

The next morning, Jan. 22, authorities took the two Christians to the Religious Court in Riyadh. The court sentenced them to 45 days in prison. At 2 p.m., police filed a case at the local civil police station, according to a source who requested anonymity.

To date the Christian Indians have been in prison for 67 days. Their family and friends say they still have not been able to obtain a document with official charges but know from the prisoners that the charges are religious in nature, according to the source. At the time of their detention, the Christians were not engaging in religious activities.

On Jan. 22, 15 mutaween in civilian clothes came back to the apartment they had raided the previous day, destroyed valuable items and wrote Islamic slogans on the walls with spray paint, the source said.

Nese and Vara’s situation in prison is “horrible,” said the source. The two men are cramped in a prison cell with only enough room to stand.

“There is no place to even sit,” said the source. “Only two hours a day they are sleeping in shifts. When brother Yohan is sleeping, brother Sekhar needs to stand, and when brother Sekhar wants to sleep, brother Yohan needs to stand. They have been doing this for more than a month. I don’t know how many more days they have to continue this.”

Since the arrest, other Christians have been too frightened to meet for prayer.

One week after his arrest, Vara was able to use a phone to call his family and pastor in India. His wife, Sandhya Vara, who is expecting their first child in three months, said she has not heard from him since.

“There were no Muslims in their prayer meeting, but they are accusing them of converting Muslims into Christians,” she told Compass by phone. “We got married eight months ago, but he’s very far from me now and he’s in very much trouble, and I’m six months pregnant.”

She and his pastor in India have communicated numerous times with the Indian embassy but have received no response.

“I have been complaining to the Indian embassy,” she said. “They cannot call me or give me any information. There is no help. So many times I informed them and they cannot give any reply and cannot take any action.”

Vara had worked in Saudi Arabia for more than seven years. Last summer he came to India and got married, returning on Jan. 9 to his post in Riyadh, where he worked as a supervisor for a catering company.

“Vasantha is from my church,” said his pastor in India, Ajay Kumar Jeldi. “He is very God-fearing, good, prayerful, supporting the pastor and working for the youth.”

The morning of his arrest, Vara called Pastor Jeldi and told him he planned to go to the evening prayer meeting in Riyadh. After the meeting, Vara, Nese and four other unidentified Christians lingered at the flat where the gathering had taken place. At around 7:30 p.m. two mutaween in plainclothes and one policeman in uniform raided the apartment.

On the phone with his pastor back in India, Vara said he was in prison for religious reasons and that he had been pressured to convert to Islam, but that he had refused.

“If I have to die for my God, I will die for him here,” he told Pastor Jeldi. “God will help me.”

The pastor said that in his sole conversation with him a week after his detention, Vara requested prayers for his release.

Typically in Saudi Arabia, a foreign worker’s documents remain with the employers who sponsor them in order for them to work in the country. Saudi employers are typically the only ones who can secure their employees’ release on bail.

“Only their sponsors can bring them out,” Pastor Jeldi said. “He has the right to bring him out, and no one else has the right to go and pay the bail or anything. Only the sponsor can have that responsibility.”

Since his arrest, Vara’s employer has handed his passport to local authorities and told them he is no longer responsible for him, according to the anonymous source.

“He doesn’t want him to work in his company anymore,” said the source.

The Saudi “religious police” or Commission to Promote Virtue and Prevent Vice (CPVPV) is a government entity that includes 5,000 field officers and 10,000 employees, along with hundreds of “unofficial” volunteers who take it upon themselves to carry out the CPVPV’s mandate, according to the U.S. Commission on International Religious Freedom.

“Despite the fact that the CPVPV is not allowed to engage in surveillance, detain individuals for more than 24 hours, arrest individuals without police accompaniment, or carry out any kind of punishment, its members have been accused in recent years of killing, beating, whipping, detaining, and otherwise harassing individuals,” the commission stated.

In the raid, authorities confiscated anything of value in the apartment, including two musical keyboards, a guitar, two sound boxes, a sound mixer, four microphones, music stands, power extension boxes, a laptop, mobile phone chargers and a whiteboard. They also confiscated 25 Bibles and other Christian materials, the source said.

The other Indian Christians at the apartment escaped.

The anonymous source said he has informed the Embassy of India in Riyadh of their arrest numerous times.

“I have lost hope in them,” he said, “because the only thing they are always saying is that this is a religious case, so we can’t do anything.”

Pastor Jeldi said he thought someone must have complained about the group of Christian Indians who were meeting regularly, causing authorities to act.

Nearly 7 million foreigners live and work in Saudi Arabia, of which an estimated 1.5 million are Indian nationals.

Human Rights Watch has reported that Saudi Arabia systematically discriminates against migrant workers and has called for the government to “abolish the sponsorship system for migrant workers, in particular the requirement for employer consent to transfer employment and to obtain an exit visa.”

According to the U.S. Department of State’s 2010 Report on International Religious Freedom, with rare exception, expatriate workers fear government interference with their private worship. The reasons for this interference can range from the worship service being too loud, having too many people in attendance or that it occurs too often in the same place, according to the report.

Riyadh was the stage for another raid and mass arrest of Christians in early October 2010. Arab News and other press reported the arrest of 12 Filipino Christians and a French Catholic priest celebrating mass in a private apartment. There were 150 Filipinos in attendance. The employers of the 12 Christian foreign workers secured their release, and the Philippine embassy negotiated their repatriation. The Catholic priest was also released within days.

“Saudi officials do not accept that for members of some religious groups, the practice of religion requires more than an individual or a small group worshipping in private, but includes the need for religious leaders to conduct services in community with others,” stated the State Department’s religious freedom report. “Foreign religious leaders continue to be prohibited from seeking and obtaining visas to enter Saudi Arabia and minister to local religious communities.”

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

Iraqis Mourn Victims of Massive Attack on Church

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Islamic extremist assault, security force operation leave at least 58 dead.

ISTANBUL, November 2 (CDN) — Amid questions about lax security, mourners gathered in Iraq today to bury the victims of Sunday’s (Oct. 31) Islamic extremist assault on a Syrian Catholic Church in Baghdad, one of the bloodiest attacks on the country’s dwindling Christian community.

Seven or eight Islamic militants stormed into Our Lady of Salvation church during evening mass after detonating bombs in the neighborhood, gunning down two policemen at the stock exchange across the street, and blowing up their own car, according to The Associated Press (AP). More than 100 people were reportedly attending mass.

A militant organization called the Islamic State of Iraq, which has links to al Qaeda in Mesopotamia, claimed responsibility for the attack. The militants sprayed the sanctuary with bullets and ordered a priest to call the Vatican to demand the release of Muslim women whom they claimed were held hostage by the Coptic Church in Egypt, according to the AP. The militants also reportedly demanded the release of al Qaeda prisoners.

“It appears to be a well-planned and strategic attack aiming at the church,” said a local source for ministry organization Open Doors.

About four hours after the siege, Iraqi security forces launched an assault on the church building, and the Islamic assailants blew themselves up. It was unclear how many of the 58 people dead had been killed by Iraqi security personnel, but the militants reportedly began killing hostages when the security force assault began. All who did not die from gunshots and blasts were wounded.

The dead included 12 policemen, three priests and five bystanders from the car bombing and other blasts outside the church. The Open Doors source reported that the priests killed were the Rev. Saad Abdal Tha’ir, the Rev. Waseem Tabeeh and the Rev. Raphael Qatin, with the latter not succumbing until he had been taken to a hospital.

Bishop Georges Casmoussa told Compass that today Iraqi Christians not only mourned lost brothers and sisters but were tempted to lose hope.

“It’s a personal loss and a Christian loss,” said Casmoussa. “It’s not just people they kill. They also kill hope. We want to look at the future. They want to kill the Christian presence here, where we have so much history.”

Casmoussa, who knew the priests who died, said that this attack will surely drive more Christians away from the country or to Kurdish administrated northern Iraq.

“Those who are wounded know that it is by the grace of God they are alive, but some of them don’t know exactly what happened,” said Casmoussa. “There is one hurt man who doesn’t know if his son is still alive. This is the drama. There are families that lost two and three members. Do I have the right to tell them to not leave?”

The attack was the deadliest one against the country’s Christians since Islamic extremists began targeting them in 2003.

“It was the hardest hit against the Christians in Iraq,” said Casmoussa, noting that no single act of violence had led to more casualties among Christians. “We never had such an attack against a church or Christian community.”

Memorials were held today in Baghdad, Mosul and surrounding towns, said Casmoussa, who attended the funeral of 13 deceased Christians including the dead priests.

“At the funeral there was the Shiite leader, the official spokesperson of the government ministers,” Casmoussa said. “All the discussion was flippant – ‘We are with you, we are all suffering,’ etcetera, but we have demanded a serious investigation. We can’t count on good words anymore. It’s all air. We’ve heard enough.”

The Rev. Emanuel Youkhana of the Church of the East told Compass that Iraqi Christians have been systematically driven out over the last five years. He said this attack came as no surprise to him.

“I’m not surprised, in that this is not the first time,” said Youkhana. “In the last five years, there has been a systematic terrorist campaign to kick out the Christians from the country. [They are saying] you are not accepted in this country. Christians should leave this country.”

Youkhana said that in the same way that the Jewish community has disappeared from Iraq, the Iraqi Christians, or Medians as they are called, “are in their last stage of existence” in Iraq.

The Iraqi government is to blame due to its lax security measures, Youkhana said.

“I’m ashamed of the minister of defense, who came on TV and said it was a successful and professional operation – 50 percent of the [congregation] was massacred,” said Youkhana of the assault on the Islamic terrorists by Iraqi security forces.

He said that in order for Christians to have any hope of staying in Iraq, the government must come up with a political solution and set up an independent administrative area, like that of the Kurdish administration in northern Iraq.

“Just now I was watching on TV the coverage of the funeral,” Youkhana said. “All the politicians are there to condemn the act. So what? Is the condemnation enough to give confidence to the people? No!”

It is estimated that more than 50 percent of Iraq’s Christian community has fled the country since 2003. There are nearly 600,000 Christians left in Iraq.

“More people will leave, and this is the intention of the terrorists: to claim Iraq as a pure Islamic state,” said Youkhana. “Our people are so peaceful and weak; they cannot confront the terrorists. So they are fleeing out of the country and to the north. This is why we say there should be political recognition.”

Five suspects were arrested in connection with the attack – some of them were not Iraqi, and today an Iraqi police commander was detained for questioning in connection to the attack, according to the AP.

“We can’t make political demands,” said Casmoussa. “We are making a civic and humanitarian demand: That we can live in peace.”

Following the funerals today, a series of at least 13 bombings and mortar strikes in predominantly Shiite neighborhoods of Baghdad reportedly killed 76 people and wounded nearly 200.

Report from Compass Direct News

Burma’s Ethnic Christians Fear Bleak Future after Election

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Military hostilities against insurgents may result in Christian casualties and persecution.

CHIANG MAI, Thailand, October 22 (CDN) — With Burma’s first election in over 20 years just two weeks away, Christians in ethnic minority states fear that afterward the military regime will try to “cleanse” the areas of Christianity, sources said.

The Burmese junta is showing restraint to woo voters in favor of its proxy party, the Union Solidarity and Development Party (USDP), but it is expected to launch a military offensive on insurgents in ethnic minority states after the Nov. 7 election, Burma watchers warned.

When Burma Army personnel attack, they do not discriminate between insurgents and unarmed residents, said a representative of the pro-democracy Free Burma Rangers relief aid group in Chiang Mai, close to the Thai-Burma border. There is a large Christian population in Burma’s Kachin, Karen and Karenni states along the border that falls under the military’s target zone. Most of the slightly more than 2 million Christians in Burma (also called Myanmar) reside along the country’s border with Thailand, China and India.

The military seems to be preparing its air force for an offensive, said Aung Zaw, editor of the Chiang Mai-based magazine Irrawaddy, which covers Burma. The Burmese Air Force (BAF) bought 50 Mi-24 helicopters and 12 Mi-2 armored transport helicopters from Russia in September, added Zaw, a Buddhist.

Irrawaddy reported that the BAF had procured combat-equipped helicopters for the first time in its history. Air strikes will be conducted “most likely in Burma’s ethnic areas, where dozens of armed groups still exert control,” the magazine reported, quoting BAF sources.

“Armed conflicts between ethnic armies and the military can flare up any time,” said Zaw. “However, to boost the morale of its personnel, the military is expected to attack smaller ethnic groups first, and then the more powerful ones.”

Seven states of Burma have armed and unarmed groups demanding independence or autonomy from the regime: Shan, Karenni (also known as Kayah), Karen, Mon, Chin, Kachin, and Arakan (also Rakhine).

The junta has designated many areas in this region as “Black Zones” – entirely controlled by armed ethnic groups – and “Brown Zones,” where the military has partial control, said the source from FBR, which provides relief to internally displaced people in states across the Thai-Burma border.

“There are many unarmed Christian residents in these zones where Burmese military personnel attack and kill anyone on sight,” the source said.

A Karen state native in Chiang Mai who identified himself only as Pastor Joseph, who fled Burma as a child, referred to the junta’s clandestine campaign to wipe out Christians from the country. At least four years ago a secret memo circulated in Karen state, “Program to Destroy the Christian Religion in Burma,” that carried “point by point instructions on how to drive Christians out of the state,” reported the British daily Telegraph on Jan. 21, 2007.

“The text, which opens with the line, ‘There shall be no home where the Christian religion is practiced,’ calls for anyone caught evangelizing to be imprisoned,” the Telegraph reported. “It advises: ‘The Christian religion is very gentle – identify and utilize its weakness.’”

Persecution of Christians in Burma “is part of a wider campaign by the regime, also targeted at ethnic minority tribes, to create a uniform society in which the race and language is Burmese and the only accepted religion is Buddhism,” the daily noted.

The junta perceives all Christians in ethnic minority states as insurgents, according to the FBR. Three months ago, Burma Army’s Light Infantry Battalions 370 and 361 attacked a Christian village in Karen state, according to the FBR. In Tha Dah Der village on July 23, army personnel burned all houses, one of the state’s biggest churches – which was also a school – and all livestock and cattle, reported the FBR.

More than 900 people fled to save their lives.

 

Vague Religious Freedom

The Burmese regime projects that close to 70 percent of the country’s population is ethnic Burman. Ethnic minorities dispute the claim, saying the figure is inflated to make a case for Burman Buddhist nationalism.

The new constitution, which will come into force with the first session of parliament after the election, was passed through a referendum in May 2008 that was allegedly rigged. It provides for religious freedom but also empowers the military to curb it under various pretexts.

Article 34 states, “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practice religion subject to public order, morality or health and to the other provisions of this Constitution.” Article 360 (a), however, says this freedom “shall not include any economic, financial, political or other secular activities that may be associated with religious practice,” apparently to bar religious groups from any lobbying or advocacy.

Further, Article 360 (b) goes on to say that the freedom “shall not debar the Union from enacting law for the purpose of public welfare and reform.”

Adds Article 364: “The abuse of religion for political purposes is forbidden. Moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution. A law may be promulgated to punish such activity.”

Furthermore, Article 382 empowers “the Defense Forces personnel or members of the armed forces responsible to carry out peace and security” to “restrict or revoke” fundamental rights.

The Burmese junta is expected to remain at the helm of affairs after the election. The 2008 constitution reserves one-fourth of all seats in national as well as regional assemblies for military personnel.

A majority of people in Burma are not happy with the military’s USDP party, and military generals are expected to twist the results in its favor, said Htet Aung, chief election reporter at Irrawaddy.

Khonumtung News Group, an independent Burmese agency, reported on Oct. 2 that most educated young Burmese from Chin state were “disgusted” with the planned election, “which they believe to be a sham and not likely to be free and fair.”

They “are crossing the border to Mizoram in the northeast state of India from Chin state and Sagaing division to avoid participating,” Khonumtung reported. “On a regular basis at least five to 10 youths are crossing the border daily to avoid voting. If they stay in Burma, they will be coerced to cast votes.”

There is “utter confusion” among people, and they do not know if they should vote or not, said Aung of Irrawaddy. While the second largest party, the National Unity Party, is pro-military, there are few pro-democracy and ethnic minority parties.

“Many of the pro-democracy and ethnic minority candidates have little or no experience in politics,” Aung said. “All those who had some experience have been in jail as political prisoners for years.”

In some ethnic minority states, the USDP might face an embarrassing defeat. And this can deepen the military’s hostility towards minorities, including Christians, after the election, added Aung.

For now, an uneasy calm prevails in the Thai-Burma border region where most ethnic Christians live.

Report from Compass Direct News

Vietnam stepping up religious rights abuses, experts say

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Government-perpetrated violence against a Catholic village in Vietnam has highlighted a series of human rights abuses in the communist nation, and three U.S. congressmen are calling on the United Nations to intervene, reports Baptist Press.

"A few months ago during a religious funeral procession, Vietnamese authorities and riot police disrupted that sad and solemn occasion, shooting tear gas and rubber bullets into the crowd, beating mourners with batons and electric rods," Rep. Chris Smith, R.-N.J., said at a hearing of the Tom Lantos Human Rights Commission in August.

"More than 100 were injured, dozens were arrested and several remain in custody and have reportedly been severely beaten and tortured. At least two innocent people have been murdered by the Vietnamese police," Smith said.

The Con Dau tragedy, Smith said, "is unfortunately not an isolated incident." Property disputes between the government and the Catholic church continue to lead to harassment, property destruction and violence, Smith said, referring to a report by the U.S. Commission on International Religious Freedom.

"In recent years, the Vietnamese government has stepped up its persecution of Catholic believers, bulldozing churches, dismantling crucifixes and wreaking havoc on peaceful prayer vigils," Smith said.

Persecution is not limited to Catholics, though, as Smith had a list of nearly 300 Montagnard political and religious prisoners. In January, the Vietnamese government sentenced two Montagnard Christians to 9 and 12 years imprisonment for organizing a house church, and others have been arrested in connection with house churches, Smith said.

"The arrests were accompanied by beatings and torture by electroshock devices," the congressman said. "We must not forget the sufferings of Khmer Krom Buddhists, Cao Dai, Hoa Hao, the Unified Buddhist Church of Vietnam and others. The said reality is that the Vietnamese government persecutes any religious group that does not submit to government control."

The violence in the 80-year-old Catholic village of Con Dau in central Vietnam reportedly stemmed from a government directive for residents to abandon the village to make way for the construction of a resort.

International Christian Concern, a Washington-based watchdog group, reported that when Con Dau residents refused to leave, water irrigation was shut off to their rice fields, stopping the main source of income and food.

In May, police attacked the funeral procession, beating more than 60 people, including a pregnant woman who was struck in the stomach until she had a miscarriage, ICC said.

One of the funeral procession leaders later was confronted by police in his home, where they beat him for about four hours and then released him. He died the next day, ICC said. Eight people remain in police custody and are awaiting trial.

"The people of Con Dau are living in desperate fear and confusion," Thang Nguyen, executive director of an organization representing Con Dau victims, told ICC. "Hundreds of residents have been fined, and many have escaped to Thailand."

Smith, along with Rep. Joseph Cao, R.-La., and Frank Wolf, R.-Va., introduced a House resolution in July calling for the United Nations to appoint a special investigator to probe "ongoing and serious human rights violations in Vietnam." In August, the Lantos Commission met in emergency session to address the "brutal murders and systematic treatment of Catholics in Con Dau."

"The Vietnamese government justifies this violence, torture and murder because the villagers of Con Dau had previously been ordered, some through coercion, to leave their village, property, church, century-old cemetery, their religious heritage, and to forgo equitable compensation in order to make way for a new ‘green’ resort," Smith said at the hearing. "Nothing, however, not even governmental orders, grant license for government-sanctioned murder and other human rights abuses."

The U.S. Department of State declined to testify before the Lantos Commission, and the U.S. ambassador to Vietnam characterized the Con Dau incident as a land dispute and refused to get involved.

Logan Maurer, a spokesman for International Christian Concern, told Baptist Press he has publicized about 10 different incidents of persecution in Vietnam during the past few months.

"In some cases, especially in Southeast Asia, religious persecution becomes a gray area. We also work extensively in Burma, where often there are mixed motives for why a particular village is attacked," Maurer said. "Is it because they’re Christian? Well, partially. Is it because they’re an ethnic minority? Partially.

"So I think the same thing happens in Vietnam where you have a whole village that’s Catholic. One hundred percent of it was Catholic," he said of Con Dau.

Maurer explained that local government officials in Vietnam generally align Christianity with the western world and democracy, which is still seen as an enemy in Vietnam on a local level.

"As far as the official government Vietnamese position, that’s different, but local government officials do not take kindly to Christians and never have. We have documented many cases of government officials saying Christianity is the enemy. So here it’s mixed motives as best we can figure out," Maurer said.

"They wanted to build a resort there, and they could have picked a different village but they chose the one on purpose that was Catholic because it represents multiple minorities — minority religion, minority also in terms of people that can’t fight back. If they go seek government help, the government is not going to help them."

A Christian volunteer who has visited Vietnam five times in the past decade told Baptist Press the Con Dau incident illustrates the way the Vietnamese government responds to any kind of dissent.

"In our country, and in modern democracies, there are methods for resolving disputes with the government, taking them to court, trying to work through the mediation process," the volunteer, who did not want to be identified, said. "In Vietnam there is no such thing. It is the government’s will or there will be violence."

Vietnam’s constitution includes a provision for religious liberty, but the volunteer said that only goes as far as the communal will of the people, which is monopolized by the Communist Party.

"So when the Communist Party says you can’t build a church there or you can’t worship this way, those who say, ‘Well, I have religious freedom,’ are essentially trumped by the constitution that says it’s the will of the people, not individual liberty that’s important," the volunteer said.

The government in Vietnam has made efforts during the past 15 years to open up the country to economic development, and with that has come an influx of some western values and a lot of Christians doing work there, the volunteer said.

"I would first caution Christians to still be careful when they’re there working," he said, adding that government officials closely watch Christians who visit from other countries, and books about Jesus cause trouble.

Secondly, the volunteer warned that all news emerging from Vietnam must be tested for accuracy on both sides because both those who are persecuting and those who are sounding the alarm on persecution have their own political goals.

"That being said, I don’t doubt that this happened," the volunteer said regarding Con Dau.

International Christian Concern urges Americans to contact the Vietnamese Embassy in Washington at 202-861-0737, and the Christian volunteer said people can contact the U.S. Commission on International Religious Freedom to encourage changes in Vietnam.

"They can also directly e-mail the ambassador and the consular general in Ho Chi Minh City and encourage them to push for more reform," he said. "And they can contact companies that are having products made in Vietnam and encourage the business leaders to speak out for change in those countries. You go to JC Penney today in the men’s department and pick up almost anything, it’s made in Vietnam. That’s the kind of pressure they could put on them."

Report from the Christian Telegraph

Iranian Authorities Release Assyrian Pastor on Bail

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Accused of ‘converting Muslims,’ church leader faces trial – and threat of murder.

ISTANBUL, April 5 (CDN) — An Assyrian pastor the Iranian government accused of “converting Muslims” has been released from prison on bail and is awaiting trial.

The Rev. Wilson Issavi, 65, was released from Dastgard prison in Isfahan last week. Conflicting reports indicated Issavi was released sometime between Sunday (March 28) and Tuesday morning (March 30).

On Feb. 2, State Security Investigations (SSI) agents arrested Issavi shortly after he finished a house meeting at a friend’s home in Isfahan. Along with the accusation of “converting Muslims,” the pastor is charged with not co-operating with police, presumably for continuing to hold such house meetings after police sealed the Evangelical Church of Kermanshah and ordered him not to reopen it.

After his arrest, Issavi was held at an unmarked prison facility in Isfahan and apparently tortured, according to a Christian woman who fled Iran and knows Issavi and his family. The Christian woman, who requested anonymity for security reasons, said Issavi’s wife, Medline Nazanin, visited the pastor at the unmarked facility. Nazanin said it was obvious Issavi had been tortured, the Christian told Compass.

Issavi’s confinement cells were so filthy he contracted a life-threatening infection, Nazanin told the Christian woman.

“They took him to the hospital and then returned him back to the prison,” the woman said.

Friends of Issavi added that he is still dealing with the lingering effects of the infection.

During Issavi’s imprisonment, authorities threatened to execute him, sources close to the case said. The joy of Issavi’s family at his release was tinged with fear as they waited in agony for the possibility of him being killed by Islamic extremists, as is common in Iran when Christians are detained for religious reasons and then released.

“Sometimes they release you just to kill you,” the Christian source said.

Issavi has not been informed of his trial date.

Issavi’s friend said that low-key ethnic Christians, such as the Assyrians, are largely unbothered for long periods of time. Active Christians are treated differently.

“When you start evangelizing, then you are in real trouble,” she said.

Iranian authorities have set up a video camera outside Issavi’s church to monitor anyone going in or out of the building, according to the pastor’s friend.

Issavi was one of a few Christians in leadership positions arrested in Isfahan in February during what some Middle Eastern experts described as a crackdown on area church leadership.

Isfahan, a city of more than 1.5 million people located 208 miles (335 kilometers) south of Tehran, has been the site of other anti-Christian persecution. In an incident in July 2008, two Christians died as a result of injuries received from police who were breaking up a house meeting.

On Feb. 28, Isfahan resident Hamid Shafiee and his wife Reyhaneh Aghajary, both converts from Islam and house church leaders, were arrested at their home.

Police handcuffed, beat and pepper-sprayed Aghajary and then took her to prison. Her husband Shafiee, who was away from the house when police arrived, was arrested an hour later when he returned to the house. Approximately 20 police officers raided the home, seizing Bibles, CDs, photographs, computers, telephones, personal items and other literature.

The couple is still being held. Other details about their detainment are unknown.

Three Christians Released

Elsewhere, three Christians arrested on Dec. 24, 2009 have been released, according to Farsi Christian News Network (FCNN).

Maryam Jalili, Mitra Zahmati, and Farzan Matin were initially arrested along with 12 other Christians at a home in Varamin. Eventually they were transferred to Tehran’s notorious Evin Prison, though the other 12 prisoners were conditionally released on Jan. 4. 

Jalili, Zahmati and Matin were freed on March 17, though terms of their release were unclear. Jalili is married and has two children.

Iran has a longstanding history of religious repression. Shia Islam is the official state religion and is ensconced as such in Iran’s constitution. Every year since 1999, the U.S. Secretary of State has designated Iran as a “Country of Particular Concern” for its persecution of Christians and other religious minorities.

According to the 2009 International Religious Freedom Report issued by the U.S. Department of State, persecution of Christians and other religious minorities in Iran continued to get significantly worse.

“Christians, particularly evangelicals, continued to be subject to harassment and close surveillance,” the report states. “The government vigilantly enforced its prohibition on proselytizing by closely monitoring the activities of evangelical Christians, discouraging Muslims from entering church premises, closing churches, and arresting Christian converts.”

Report from Compass Direct News 

Vietnam’s Temporary Release of Priest Goes against Trend

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Government granting leave to Father Ly is said to be tightening control overall.

DUBLIN, March 30 (CDN) — Vietnamese officials have in recent months tightened control over those they regard as dissidents, and the temporary release of Catholic priest Thadeus Nguyen van Ly on March 15 was a rare exception, according to Amnesty International (AI).

Officials on March 15 released Ly, now 63, from prison for one year so that he could receive medical treatment.

An outspoken advocate for religious freedom, Ly was sentenced to eight years in prison in March 2007 for “spreading propaganda” against the state. He had previously received 10- and 15-year sentences on similar charges.

“The release of Father Ly appears to be a one-off, related to his health,” Brittis Edman, Asia researcher for AI, told Compass by phone.

Human rights lawyer Le Thi Cong Nhan was released on March 6 after serving a three years in prison.  Officials have sentenced 16 other “perceived dissidents” since last September.

“Those 16 are people whose names are in the public domain,” Edman added. “There are probably others we’re not aware of.”

Edman confirmed that Ly was recently diagnosed with a brain tumor, although few details are available on the prognosis or the availability of treatment. Fellow priests told the Union of Catholic Asian News (UCAN) that Ly had suffered three strokes in May, September and November of last year, partially paralyzing his right arm and leg and making it difficult for him to walk, write or feed himself.

Following urgent requests from diocesan priests and family members, officials on March 14 granted Ly one year’s reprieve from his jail sentence. On March 15 they transported him by ambulance from Ba Sao prison camp in northern Ha Nam province to a home for retired priests in Hue, central Vietnam.

Under pressure from international advocacy groups including AI, the government may have granted Ly’s release to ward off potential embarrassment should he die in prison, Edman said.

“He’s a very public figure, and the Vietnamese government is not comfortable with being criticized.”

Religious Rights Campaigner

Ly was first jailed for one year in 1977 when he distributed a Church statement decrying the arrest of Buddhist monks and the treatment of Catholics in Vietnam, according to an AI report.

This was followed in December 1983 by a 10-year sentence served from the time of his arrest in May 1983 until his early release in July 1992. Prior to his arrest, Ly wrote a seven-point document urging officials to cease harassing Christians and announced that he was willing to be martyred for his faith.

In November 1994 Ly issued a “Ten Point Statement on the State of the Catholic Church in the Hue Diocese,” criticizing the lack of adequate training for would-be priests, the state’s interference in church teachings and its appropriation of church property.

He also became an advisory board member of the U.S.-based Committee for Religious Freedom in Vietnam (CRFV), according to AI.

In 1999, authorities objected when Ly coordinated relief projects for flood victims in partnership with CRFV. In November 2000, while U.S. President Bill Clinton and a CRFV delegation were in Vietnam, Ly reissued his ten-point statement and later made further appeals for religious freedom.

The United States Commission on International Religious Freedom in February 2001 invited Ly to address a hearing on Vietnam. Though unable to attend, Ly submitted written testimony stating that the Vietnamese government had “stripped all churches of their independence and freedom” and urging that the U.S. Congress not ratify a long-negotiated U.S.-Vietnam Bilateral Trade Agreement.

State-owned media then accused Ly of inviting “foreign hostile forces to intervene in Vietnam’s internal affairs” and inciting Catholic followers against the state.

Officials in May 2001 seized Ly during a church service and sentenced him to 15 years in prison for allegedly spreading anti-government propaganda. He was released under house arrest in February 2005 but arrested again in February 2007 and sentenced to eight years for organizing a pro-democracy event.

When the government released over 5,000 prisoners to mark Vietnam’s National Day last Sept. 2, Ly was omitted from the list despite vigorous international campaigns for his release. In a state media report quoted by UCAN, Vice Minister of Public Security Le The Tiem declared that the priest was “still in good enough health to serve his sentence.”

Report from Compass Direct News