Why is it so difficult to prosecute returning fighters?

Mosul, in Iraq, is one of two declared ‘no-go’ zones.
Reuters/Alaa Al-Marjani

Keiran Hardy, Griffith University

As the terrorist organisation Islamic State (IS) suffers further losses in Syria and Iraq, increasing numbers of Australians fighting in those conflicts will likely seek to return home. Around 100 Australians are fighting with IS in the Middle East, and around 40 have already returned.

Reports that only two of these 40 fighters have been prosecuted on return are concerning. This suggests there are serious deficiencies in the government’s ability to successfully prosecute fighters returning from these foreign war zones.

This is despite recent changes to the law in which the federal parliament strengthened many foreign incursion offences. It is an offence for a person to enter a foreign country with intent to engage in hostile activity, or even to prepare to do so. Both these offences are punishable by life imprisonment.

So what makes it so difficult to prosecute returning foreign fighters? And what other options are available?

Foreign evidence

When police investigate a terrorism plot within Australia, they can collect a wide range of evidence to later prove terrorism offences in the courtroom.

Depending on what an investigation uncovers, this evidence can include weapons and ammunition, extremist material stored on CDs and computer hard drives, and bomb-making materials.

A significant category of evidence used in terrorism trials is transcripts of conversations that Australian police or intelligence agencies have covertly recorded. The statements of witnesses, including undercover intelligence officers, can also be used to prove a person’s guilt.

In theory, similar kinds of evidence could be obtained from overseas and used in an Australian courtroom. Amendments made in 2014 to the Foreign Evidence Act allow for foreign evidence to be adduced in terrorism trials, provided the evidence would not have a “substantial adverse” impact on the ability of the accused to receive a fair trial.

Foreign evidence will not be admissible if the judge is satisfied it was obtained through torture or duress.
In reality, collecting evidence in a foreign war zone is near impossible. Ordinarily, evidence could be provided to the Australian government by a foreign authority, collected through a joint operation with a foreign police service, or recorded on surveillance devices with the consent of an appropriate foreign official.

Syria and Iraq remain in a serious state of armed conflict and lack the governance structures for these to be realistic possibilities.

Another obstacle is that much of the information about Australians fighting overseas comes from foreign intelligence services, including the UK’s MI6 and the US Central Intelligence Agency. Conditions imposed on the sharing of this material mean the vast majority of it cannot be used as evidence in case it is exposed in open court.

Witness statements could be used to support claims of Australians engaging in terrorism overseas, but unless these are from reliable eyewitnesses, much of this could be excluded as hearsay.

In short, in the absence of an admission, confession or guilty plea, it is likely to prove extremely difficult to prosecute fighters returning from Syria and Iraq.

Declared area offence

The most viable option would be to prosecute a returning foreign fighter for entering or remaining in a declared area. This offence, punishable by ten years’ imprisonment, was introduced in 2014. It does not require proof that an individual engaged in hostile activity. It merely requires that the person was present in an area that the foreign minister has declared a “no-go” zone.

Currently, the only declared areas are al-Raqqa province in Syria and the city of Mosul in Iraq. It may still be very difficult to prove that a fighter was in one of these areas. It is possible that video evidence could provide proof, if somebody happened to film a fighter in a recognisable location and the footage was posted online or could otherwise be reliably obtained.

What other options are available?

The difficulties in prosecuting returning foreign fighters does not mean Australia faces a “deluge” of foreign fighters “roaming free” without consequence. Many more may still be killed overseas, and others may choose not to return.

At a minimum, those who do return will be subject to close scrutiny and surveillance by ASIO and the Australian Federal Police. If their behaviour becomes criminal – and there is a long list of broad terrorism offences – prosecution could become viable.

Returning foreign fighters may also be subject to control orders. These court-imposed orders enforce requirements such as abiding by a curfew, reporting regularly to police, and wearing an electronic monitoring bracelet.

A control order does not require proof that a person has committed a criminal offence. If a person breaches the conditions of an order, they will face five years in prison.

Australian police and intelligence agencies will explore these and other possibilities to ensure returning foreign fighters do not cause harm to the community. It is possible that prosecution may still be the intended strategy in many cases. But it takes time to build a solid case given the difficulties of gathering evidence.

Even so, the apparent challenges with prosecution suggest that returning fighters will pose a difficult security challenge for Australia in coming years. Surveillance of large numbers of returning fighters will be expensive and require significant resources, so this is not a realistic long-term solution.

These difficulties also demonstrate the limits in continually responding to terrorism with ever-stronger counter-terrorism powers. Many of the laws now proving difficult to prosecute were framed by the Abbott government as an urgent and necessary response to terrorism.

Keiran Hardy, Lecturer, School of Criminology and Criminal Justice and Member, Griffith Criminology Institute, Griffith University

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

Latest Persecution News – 16 June 2012

Police in Pakistan Decline to Prosecute Rape/Beating Suspects

The following article reports on the latest news of persecution in Pakistan, where police have refused to arrest suspects accused of crimes against Christians.

http://www.compassdirect.org/english/country/pakistan/article_1599572.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.

Persecution News: What was Missed While on My Break – Part 4

The following are articles from Compass Direct News from the period I was on my break:

• Authorities, Islamists in Egypt Stop Church From Re-Opening – 20 May 2011

• Christian Woman in Darfur, Sudan Arrested for Evangelizing – 24 May 2011

• Provincial Officials in Algeria Orders Churches to Close – 25 May 2011

• Algerian Christian Sentenced Beyond Prosecutor’s Request – 30 May 2011

• Police Reluctant to Prosecute Attack on Pakistan Church – 1 June 2011

• Nepal Plans New Criminal Code Forbidding Evangelism – 2 June 2011

• India Briefs: Recent Incidents of Persecution – 7 June 2011

 

India’s Anti-Christian Violence in 2008 Linked to Terrorists

Christians call for agency to probe anti-Muslim terrorism ties to Orissa-Karnataka attacks.

NEW DELHI, March 25 (CDN) — Right-wing terrorists played a key role in attacking and killing Christians in Orissa and Karnataka states in 2008, one of the Hindu extremist suspects in anti-Muslim bomb blasts has told investigators, leading to renewed demands for a probe by India’s anti-terror agency.

Pragya Singh Thakur, arrested for planning 2008 bombings targeting Muslims in west India, told the National Investigation Agency (NIA) that Lt. Col. Prasad Srikant Purohit had “masterminded” the 2008 anti-Christian violence in Orissa and Karnataka, The Indian Express daily reported on Wednesday (March 23). Purohit is accused along with Thakur for the 2008 bombings of Muslims.

Thakur had met with Purohit after the August 2008 Kandhamal attacks against Christians began and told her “he was into big things like blasts, etc., and had masterminded the Orissa and Karnataka ‘disturbances,’” the national daily reported.

The NIA, a recently formed agency to prevent, probe and prosecute terrorism-related incidents on a national scale, is investigating several cases involving right-wing terrorism aimed at the Muslim minority in retaliation for Islamist attacks. Both Thakur, formerly a member of the Hindu nationalist Bharatiya Janata Party’s student wing, and Purohit, who was serving in the Indian Army when he was arrested for his role in blasts in Malegaon city in western Maharashtra state, were part of the Hindu extremist Abhinav Bharat.

Thakur’s statement to the NIA came soon after a Directorate of Military Intelligence report said Purohit had confessed to having killed at least two Christians in Kandhamal and playing a role in violence in Karnataka and other states.

The revelation by Thakur was not surprising, said John Dayal, secretary general of the All India Christian Council.

“We have held that the military precision of the Kandhamal riots, which spread fast and raged for months, could not be a work of mere common people, and that higher brains were at work to ‘teach the Christians a lesson’ while sending out signals of their power lust to the entire nation,” Dayal told Compass.

The violence in Kandhamal began following the assassination of a Hindu extremist leader Laxmanananda Saraswati on Aug. 23, 2008. Though Maoists claimed responsibility for the murder, Hindu extremists blamed Christians for it. The violence began after the arrival of Indresh Kumar, an executive committee member of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS) and a suspect in blast cases, said Kandhamal activist Ajay Singh. Local media reports said Kumar was part of Saraswati’s funeral procession, which was designed to trigger the attacks, Singh added.

The RSS denies having played any role in terrorism. On March 12, Ram Madhav, an RSS national executive committee member, called the allegation against Kumar “a concerted political campaign.” Those who were dragging the RSS leader into blast cases “will stand thoroughly exposed,” The Times of India daily quoted him as saying.

Dayal and another Christian leader, Joseph Dias, said they had separately written to India’s prime minister and home minister seeking inclusion of the anti-Christian attacks in an ongoing NIA investigation. Sajan K. George of the Global Council of Indian Christians (GCIC) said he had petitioned the president for the same.

Dias, general secretary of the Catholic-Christian Social Forum, a Maharashtra-based rights group, recalled that violence in Kandhamal spread across 13 other districts of Orissa.

“In Kandhamal alone, more than 6,600 homes were destroyed, 56,000 people rendered homeless, thousands injured, and about 100 men and women [were] burned alive or hacked to death,” Dias said. “Among the women raped was a Catholic nun.”

In September 2008, as the violence continued in Kandhamal, a series of attacks on Christians and their property rocked Mangalore city in Karnataka state.

“In Karnataka, it was hundreds of churches that were desecrated, Christians brutally beaten up, over 350 false cases foisted on them, property held by the community taken over, and no relief to date [has been] received,” Dias said.

While the government of Orissa downplayed the violence as “ethnic tensions,” Karnataka officials blamed it on Christian conversions.

The RSS and outfits linked to it such as the Vishwa Hindu Parishad (World Hindu Council) and the Vanavasi Kalyan Ashram, which claims to work for tribal welfare, facilitated the Kandhamal attacks together with alleged Hindu nationalist terrorists, Dayal said.

“We want the truth about Hindu groups’ anti-national terror activities against minority Christians to come out,” said George, whose GCIC is based in Karnataka.

Dias warned that that the latest statement by Thakur must not to be seen in isolation, as the Military Intelligence report revealed that the Abhinav Bharat had targeted Christians in several states, including Madhya Pradesh and Maharashtra.

The “game plan” is to “cripple Christian religious places, property and institutions, besides eliminating its nascent community leadership at the grassroots,” Dias added.

The Abhinav Bharat was formed in 2007 by a few right-wing Hindus allegedly disillusioned with the leaders of the Hindu nationalist movement, whom they thought were too timid to make India a Hindu nation, rather than one based on religious pluralism.

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

Thousands of trafficked girls found in Mali slave camps

Nigerian girls are being forced to work as prostitutes in Mali "slave camps," Nigerian officials say, reports CISA.

The girls, many of them underage, are often promised jobs in Europe but end up in brothels, said the government’s anti-trafficking agency. According to BBC correspondent, the brothels are run by older Nigerian women who prevent them from leaving and take all their earnings.

Nigeria’s National Agency for the Prohibition of Traffic in Persons (Naptip) said officials visited Mali in September to follow up "horrendous reports" from victims, aid workers and clergy in Mali.The agency said it was working with Malian police to free the girls and help them return to Nigeria.

They said there were hundreds of brothels, each housing up to 200 girls, run by Nigerian "madams" who force them to work against their will and take their earnings.

"We are talking of thousands and thousands of girls," Simon Egede, Executive Secretary of Naptip, told a news conference in Abuja, adding that they were between 20,000 to 40,000.

He, however, did not give details as to how the figure had been reached.

In a statement, Egede said girls were "held in bondage for the purposes of forced sexual exploitation and servitude or slavery-like practices."

"The madams control their freedom of movement, where they work, when they work and what they receive," he said.

The trade is centred on the capital Bamako and large cities, but the most notorious brothels are in the mining towns of Kayes and Mopti, where the sex workers live in "near slavery conditions," said Naptip.

Many of the brothels there also had abortion clinics where foetuses were removed by traditional healers for use in rituals, said Egede.

Most of the girls were reported to have come from Delta and Edo States in Nigeria.

Many were lured with the promise of work in Europe, given fake travel documents and made to swear an oath that they would not tell anyone where they were going.

On arrival in Mali, they were told they would have to work as prostitutes to pay off their debts. Prostitution is legal in Mali but not if it involves minors.

Naptip said it had also uncovered two major trafficking routes used to transport the women from Nigeria through Benin, Niger and Bukina Faso to Mali.

Egede said Naptip was working with the police in Mali to return the girls to Nigeria safely, shut down the trade and prosecute the traffickers.

Report from the Christian Telegraph

Muslim Boys in Pakistan Accused of Raping Christian Girl

DNA results match their semen samples in case filed by family of fatherless 14-year-old.

LAHORE, Pakistan, June 3 (CDN) — Forensic DNA results of semen samples in a sexual assault case show they match those of the Muslim boys a 14-year-old Christian girl accuses of raping her, according to advocacy organizations.

The girl accuses Muhammad Noman and Muhammad Imran, both 17, of abducting her from her school in Kamboh colony, Lahore, in Punjab Province, on May 6 and drugging her prior to sexually assaulting her, according to Khalid Gill, president of the Christian Lawyers Foundation (CLF), and officials of the National Commission of Justice and Peace (NCJP).

The minor, whose name was withheld, told the organizations that she was waiting for her younger sister at the main gate of S.M. Foundation School after class hours when Noman and Imran told her that a girl named Hira wanted to see her.

The girl said that she told them she was not familiar with anyone named Hira, but that she was not afraid because there was no problem meeting a girl. She told the NCJP that as she stepped off the school grounds, Noman and Imran overpowered her, tightly covering her mouth to stifle her cries for help. Later they gagged her with a band of cloth.

NCJP General Secretary Peter Jacob reported that they took her by motorbike to a place unknown to her and compelled her to consume a soft drink containing tranquilizers. Able to see but unable to move as she began to lose consciousness, she was unable to stop them as each boy raped her, she told the NCJP. She said she later became totally unconscious.

The CLF’s Gill said the boys later left her on a road near the school’s main entrance.

The girl’s father, Rehmat Masih, is deceased. Her mother, Aysha Bibi, said that she had fearfully begun searching for her and had contacted a school administration official, who said that her daughter had left the school on foot. Several Christian neighbors also participated in the search.

Christian neighbor Shehzad Masih found her unconscious on the road near the school gate and brought her home, according to the NCJP’s Jacob. As the 14-year-old regained consciousness, her mother and others brought her to the Millat Park Police Station and filed an application to register a case against Noman and Imran.

After investigating, on May 9 Millat Park Police registered a case against Noman and Imran for abducting “with intent to commit adultery.”

Although Muslims commonly commit crimes against Christians in Pakistan assuming law enforcement officials will not prosecute, the two boys were arrested on May 26. Police sent DNA samples of the semen of both Muslim youths to a forensic laboratory, and the results linking them to the crime returned this week, CLF and NCJP’s Jacob said.  

A urine test indicated the girl was not pregnant, CLF and NCJP officials said.

Report from Compass Direct News

Pakistani Muslims Abduct Young Christian Woman, Family Says

Mother beaten on two occasions for trying to recover her; police refuse to prosecute.

LAHORE, Pakistan, May 6 (CDN) — Muslims who kidnapped and forcibly converted an 18-year-old Christian woman to Islam severely beat her mother on two occasions to discourage her from trying to recover her daughter, lawyers said.

Muhammad Akhter and Muhammad Munir on April 25 broke into the home of 50-year-old widow Fazeelat Bibi while her sons were at work and beat her because they were upset at her continuous demands that they return her daughter Saira, Christian Lawyers Foundation (CLF) leaders told Compass.

CLF President Khalid Gill said that neighbors’ calls to the police emergency number went unheeded as the men beat her in Lahore’s predominantly Muslim Bostaan Colony.

On April 18 Muhammad Akhter and members of his family had beaten her with clubs and ripped her clothes when the widow, having received a tearful phone call from her kidnapped daughter that day, went to their house to argue for her release.

In Saira’s telephone call to her mother, received at the house of Muslim neighbor Musarat Bibi, who is a constable, the young woman was crying as she said that Munir and Akhter were spreading false rumors that she had eloped with Munir, Fazeelat said. She said her daughter told her how Munir, Akhter and Munir’s sister Billo Bibi had kidnapped her, stolen the jewelry of her dowry, forced her to convert to Islam and were pressuring her to marry Munir.

At the time she was kidnapped on March 10, Saira was engaged to a young Christian man of Youhanabad, a large Christian slum on the outskirts of Lahore, Fazeelat Bibi said.

“Saira’s brothers and I were very joyful because we were about to fix her wedding date,” she said.

Previously the radical Muslim family lived next door to the Christian family. On March 10 Munir, who is Akhter’s uncle, came to the Christian family’s home and told Saira that her mother was ill at her hospital workplace and wanted to see her immediately, Fazeelat Bibi said.

“Then Muhammad Munir deceitfully abducted Saira,” she said. “It seemed as if Saira had vanished into thin air. At first my three sons and I sons searched for Saira, but our efforts were futile.”  

She accused Munir, Akhter and Munir’s sister Billo Bibi of kidnapping her daughter. They have continued to threaten to kill her if she persists in trying to recover her daughter, she said. Her daughter, she added, has called her “persistently” from Charrar village saying that she has been kidnapped, forced to convert to Islam and is being pressured to marry Munir against her will.

“This also reveals that Saira has not tied the knot with Munir yet,” Gill told Compass.

The distraught mother said she approached Kotlakhpat Police Station Inspector Rana Shafiq seeking help to recover her daughter, but that he flatly refused. The inspector told her the issue could be resolved at the local Bostaan Colony meeting, she said; the rulings of such a meeting of local elders, known as a Punchayat, have the equivalent of court authority in Pakistan.

Fazeelat Bibi said that several such meetings produced no resolution to her daughter’s kidnapping, but that while present she heard the false rumor that her daughter had wed Munir. At the meetings she also learned that the Muslim men were keeping Saira at Charrar village outside Lahore.

Fazeelat Bibi told Gill and CLF Secretary Azhar Kaleem said that she was somewhat satisfied to learn at the meetings that her daughter was at least safe, but her relief vanished after the April 18 call from Saira. Her daughter told her that she had tried to escape three times, she said.

Once again the frail, 50-year-old woman sought the help of Inspector Shafiq, and again he refused to help, the CLF leaders said. Gill and Kaleem said that Shafiq was explicitly inclined to favor his fellow Muslims in the case, and that he told her to move to a Christian slum as no one would help her in Bostaan Colony.

Gill, who is also head of the All Pakistan Minorities Alliance in Punjab Province, and CLF Secretary Kaleem said they believe that Akhter, Munir and Billo Bibi had heavily bribed the inspector to keep him from prosecuting the Muslims.

Shafiq declined to respond to Compass calls, and the registrar of the Kotlakhpat police station, Abdul Qayyum, said Shafiq was not available for comment.

Saira was just 2 months old when her father, Pervaiz Masih, died and her mother and three brothers moved from their native Yansonabad village to Lahore in search of a better life, Fazeelat Bibi said. She said that she began working as a sanitary worker at a hospital in order to support them, while her sons began working as day-laborers when they reached their teenage years.

Saira is her only daughter, Fazeelat Bibi said.

Report from Compass Direct News 

Muslims Murder Pakistani Christian with Axe Blows

Rival merchants threatened to kill potato seller if refused to convert to Islam.

MIAN CHANNU, Pakistan, March 22 (CDN) — Six Muslims in Khanewal district, southern Punjab Province, killed a Christian with multiple axe blows for refusing to convert to Islam this month, according to family and police sources.

The six men had threatened to kill 36-year-old Rasheed Masih unless he converted to Islam when they grew resentful of his potato business succeeding beyond their own, according to Masih’s younger brother Munir Asi and a local clergyman. The rival merchants allegedly killed him after luring him to their farmhouse on March 9, leaving him on a roadside near Kothi Nand Singh village in the wee hours of the next day.

The Rev. Iqbal Masih of the Mian Channu Parish of the Church of Pakistan said Rasheed Masih was a devoted Christian, and that both he and his brother Asi had refused the Muslims’ pressure to convert to Islam.

“As the Christian family strengthened in business and earned more, the Muslim men began to harbor business resentment, as Muslims are not used to seeing Christians more respected and richer than them,” the pastor said. “That business rivalry gradually changed into a faith rivalry.”

Mian Channu police have registered a case against the six men and an investigation is underway, but the suspects are still at large, police officers told Compass. Police said the suspects were Ghulam Rasool, Muhammad Asif, Muhammad Amjad, one identified only as Kashif and two other unidentified Muslims; they were charged with torture and murder.

Masih’s family lives in Babo John Colony, Mian Channu of Khanewal district. Masih’s brother Asi is a representative of the Council of Mian Channu.

“Our continuous denial to recant our faith and convert gradually turned into enmity,” Asi told Compass. The FIR further states, “Both the Muslim men [Rasool and Asif] were not only inviting them to Islam but hurling threats of dire consequences and death on them for the last six months in case they refused to convert.”

Police said Rasool – a radical Muslim who along with Asif had threatened to kill the brothers if they did not convert, according to Asi – called Rasheed Masih to his farmhouse ostensibly to purchase potatoes on March 9, and that Rasheed went to it by motorbike at about 5:30 p.m. Waiting for Masih there, police said, were Rasool and Asif with an axe, Amjad and Kashif with iron rods and the two unknown Muslims with clubs.

They began striking him as soon as he arrived, police said.

An autopsy under the supervision of Dr. Muhammad Khalid of Tehsil Headquarters Hospital Mian Channu revealed 24 wounds all over the body of Masih, according to a copy of the report obtained by Compass.

“In my opinion, cause of death in this case is due to the shock caused by all the above-mentioned injuries collectively and torture,” Khalid states in the report. “All the injuries are ante-mortem and sufficient to cause death in an ordinary course of nature.”

According to the FIR, when Asi and two Christian friends went to the farmhouse when Masih failed to return after a few hours, they were stunned to hear Masih shrieking as they witnessed him being beaten and struck with an axe.

“As Ghulam Rasool and his accomplices saw me at the farmhouse,” Asi told police, according to the FIR, “the Muslim men put my fatally injured brother on a motorcycle and then threw him off the road near village Kothi Nand Singh.”

Asi and his Christian friends found Masih by the roadside after he had succumbed to his injuries. The Muslims had absconded with Masih’s motorcycle and 350,000 rupees (US$4,088), as well as his cell phone, according to the FIR.

As Asi and his Christian friends were on their way to the hospital with the body of Masih, a city police station patrol met them and transferred the body to the Tehsil Headquarters Hospital Mian Channu.  

At press time the Muslim suspects were at large even though police have filed a case strong enough to apprehend and prosecute them, Asi said. He appealed for assistance from Christian rights groups and politicians, as his family is still receiving death threats in a bid to intimidate them into withdrawing the case, he said, and they feel powerless in comparison with the influence and wealth of the Muslim suspects.

Report from Compass Direct News 

Sheikh Incites Muslims to Attack Christians in Egypt

Assault on community center, church, homes leaves 24 Copts wounded.

ISTANBUL, March 17 (CDN) — A mob of enraged Muslims attacked a Coptic Christian community in a coastal town in northern Egypt last weekend, wreaking havoc for hours and injuring 24 Copts before security forces contained them.

The violence erupted on Friday (March 12) afternoon after the sheikh of a neighborhood mosque incited Muslims over a loudspeaker, proclaiming jihad against Christians in Marsa Matrouh, in Reefiya district, 320 kilometers (200 miles) west of Alexandria, according to reports.

The angry crowd hurled rocks at the district church, Christians and their properties, looted homes and set fires that evening. The mob was reportedly infuriated over the building of a wall around newly-bought land adjacent to the Reefiya Church building. The building, called al Malak al Khairy, translated Angel’s Charity, also houses a clinic and community center.

“I was very surprised by the degree of hatred that people had toward Christians,” said a reporter for online Coptic news source Theban Legion, who visited Reefiya after the attack. “The hate and the disgust were obvious.”

The attack was a rarity for a northern coastal resort town in Egypt; most tensions between Copts and Muslims erupt in southern towns of the country.

According to a worker building the wall around the newly-bought plot, local Sheikh Khamis along with a dozen “bearded” men accused the church and workers of blocking a road early on Friday, staff members of Watani newspaper said.

Worried that the dispute could erupt into violence, one of the priests ordered the workers to take the wall down.

The governor of Marsa Matrouh approved the building of the church center and granted a security permit to conduct religious services in 2009.

Following afternoon mosque prayers, Sheikh Khamis rallied neighborhood Muslims, gathering more than 300 people. The mob broke into groups, attacking the church and nearby houses of the Coptic Christian community. There are nearly 2,000 Coptic Christians in Reefiya.

Around 400 Copts fled into the church building while the rioting mob looted and destroyed 17 houses, 12 cars and two motorcycles, according to Watani.

Local security forces were unable to contain the attack and called-in back up from nearby Alexandria. At nearly 1:30 a.m. on Sunday (March 14) they managed to contain the crowd and let the Christians out of the church.

Police arrested 16 young Christian men among those who were inside the church building, according to Watani. Later, four of them who were released because they were underage told reporters that security forces beat them. Police also arrested 18 of the assailants.

Some of the attackers and security forces were also wounded in the altercation. Of the wounded Copts, two were reportedly rushed to a hospital in Alexandria in critical condition. Sobhy Girgis, 33, was taken to Alexandria’s Victoria Hospital for internal bleeding in the kidney from injuries sustained from rocks the crowd threw at him, and Mounir Naguib, 41, was treated for multiple stab wounds, according to Watani.

Naguib, a teacher, said he was accosted while on his way to the Angel’s Charity building, with a knife-wielding member of the mob asking him if he was a Christian. When he said he was, the Muslim told him to convert to Islam by pronouncing the two testimonies of the Muslim faith (that there is no God but Allah and that Muhammad is his messenger).

“When I refused, he stabbed me in the thigh and hit me on the head,” Naguib told Watani.

One Copt, Nabil Wahba, told of how his house was destroyed. Wahba said he came home at 6 p.m. to find around 40 men hurling stones at his house. At 9 p.m. they came back with clubs and iron pipes, ripping the windows open and throwing fireballs into the house.

“When we tried to put out the fire, they hurled stones at us, while others were pulling down the garden fence and setting the other side of the house aflame,” Wahba told Watani. 

Security forces pulled Wahba and his sister out of his blazing house.

On the same day that violence erupted in Marsa Matrouh, the U.S. Commission on International Religious Freedom (USCIRF) released a report denouncing Egypt’s legal system for not bringing people to justice for violent acts against Christians and their property.

According to the report, in the last year there have been more than a dozen incidents in which Coptic Christians have been targets of violence.

“This upsurge in violence and the failure to prosecute those responsible fosters a growing climate of impunity,” USCIRF Chairman Leonard Leo states in the report.

Since 2002, Egypt has been on the USCIRF “Watch List” as a country with serious religious freedom violations, including widespread problems of discrimination, intolerance and other human rights violations against members of religious minorities, according to the report.

Commenting on the Marsa Matrouh attack, the Theban Legion reporter stated that among the mob were members of Bedouin communities who are intolerant of plurality and diversity in society.

“The law of the land is supposed to be a civil law, and we would like to see a civil law applying to everybody,” he said.

Report from Compass Direct News 

EU Visit to Orissa, India Triggers Barrage of Accusations

Hindu nationalists protest delegation as Christians cite injustices.

NEW DELHI, February 8 (CDN) — A delegation from the European Union concluded a “fruitful” trip to India’s violence-torn Orissa state on Friday (Feb. 5) amid a swirl of protests by Hindu nationalist groups and cries of injustice by Christians.

The delegation was able to hold “open and frank” discussions with Kandhamal officials on the visit, said Gabriele Annis of the Embassy of Italy.

“We had a very good meeting with the Kandhamal district administration,” Annis told reporters. “It is fruitful. We had open and frank discussion. It helped us in understanding the situation and understanding happenings over the past 15 months.”

The delegation was led by Christophe Manet, head of Political Affairs of the European Commission delegation to India and consisted of members from Spain, Hungary, Poland, Ireland, Italy, Netherlands, the United Kingdom, Finland and Sweden. A delegation from five European countries had visited Orissa earlier in November 2009, but the government of Orissa denied them permission to visit Kandhamal district, where Christians say they continue to be threatened and destitute.

Archbishop Raphael Cheenath said on Saturday (Feb. 6) that despite the claims of the state and district administrations, life for the Christian victims of violence in August-September 2008 remains far from normal: thousands still live in makeshift shanties along roadsides and in forests, he said, and local officials and police harass them daily.

“The block officers have been playing with the facts, indulging in corrupt practices and cosmetic exercises whenever political and other dignitaries come to visit or inspect,” the archbishop said in a statement. “Innocent people are coerced into giving a false picture. The chief minister must investigate the role and functioning of the entire district administration . . . It is strange that officers in whose presence the violence took place and thousands of houses were burnt are still in office and are declaring that there is peace in the district.”

Following attacks in the area after Hindu extremists stirred up mobs by falsely accusing Christians of killing Hindu leader Swami Laxmanananda Saraswati on Aug. 23, 2008, more than 10,000 families were displaced from their homes by the violence. Since then, Cheenath said, an estimated 1,200 families have left the area. Between 200 and 300 families reside in private displacement camps in the district, and more than 4,400 families still live in tents, makeshift shelters or the remnants of their damaged houses, he said.

The number of attack victims who have received financial assistance from the government, churches or Non-Governmental Organizations (NGOs) is unknown, but is estimated at 1,100 families, Cheenath added.

He criticized Prime Minister Manmohan Singh and the Chief Minister of Orissa Naveen Patnaik saying, “Both of them had promised to provide adequate compensation for the damages caused during the 2008 communal violence. But the victims have not been adequately compensated.”

Cheenath said the state government had decided not to compensate any riot-affected religious institutions even though India’s Supreme Court had directed the government to compensate them for all damages.

“This is a national calamity and demands a special package for the affected people, which should include land, income generation, education and healthcare,” the archbishop said.

Extremist Makeover

Prior to the visit, Christian leaders expressed their shock at Kandhamal district authorities attempting a cosmetic makeover by evacuating nearly 100 Christians from G. Udayagiri.

In letters to the EU delegation, the state government and national human rights and minorities commissions, Dr. John Dayal of the All India Christian Council narrated the plight of the 91 members of 21 families from 11 villages who were living under plastic sheets along a road in the marketplace area of G. Udayagiri.

Dayal said the group included 11 married women, three widows, an elderly man with a fractured hip and thigh, and two infants born in the camp. They had faced almost daily threats, he said, as they had not been allowed to return to their villages unless they renounced their faith and became Hindus.

Soon after the decision to allow the EU delegation, the water supply to the makeshift site was cut off and police and civil officers drove away the residents, who had only plastic sheets to protect them from the cold, he said. The refugees said officers later gave them permission to come back at night but to keep the area clear.

“The families are in G. Udayagiri, they have moved in front of the road, and they are in a very bad state,” the Rev. Samant Nayak of G. Udayagiri told Compass. “They are literally on the road.”

He said that approximately 55 families were living in G. Udayagiri, where they had been given land, and a Christian NGO was helping to construct houses for them.

The Press Trust of India reported that Orissa officials were nervous about last week’s delegation visiting Kandhamal but finally gave permission under pressure from the central government. State officials finally allowed the visit with the pre-condition that the delegation would be allowed only to interact with people and not engage in fact-finding, according to a senior official in Orissa’s home department.

The Kandhamal district collector, Krishna Kumar, told Compass that all went well and “no untoward incidents took place,” but sources reported at least one minor disturbance in Bodimunda village. On Wednesday (Feb. 3), one house was reportedly damaged there in a scuffle that also resulted in two arrests by the local police.

During their Kandhamal visit, the EU delegation was reportedly forced to cancel a meeting with judges of Fast Track courts established in Phulbani, in Kandhamal district, to prosecute hundreds of those accused in the 2008 violence, due to protests from the local lawyers’ association.

Kumar, however, pointed out that the lawyers’ protest was secondary to the lack of clearance from the High court for the meeting with the judges. “The same was not informed to us prior to the visit,” he added.

Justice Denied

The anti-Christian violence in August-September 2008 killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Archbishop Cheenath said justice is critical to long term peace.

“The two Fast Track courts, and the court premises, have seen a travesty of justice,” he said in the Feb. 6 statement. “Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. The court premises are full of top activists of fundamentalist organizations. The witnesses are also threatened in their homes with elimination, and even their distant relatives are being coerced specially in the murder and arson cases against Member of Legislative Assembly [MLA] Manoj Pradhan.”

Though some witnesses have testified on Pradhan’s alleged involvement in crimes in depositions, he has been acquitted in case after case, the archbishop added.

“We are demanding a special investigation team to investigate every case of murder and arson,” he said. “Similarly, there is also need for transferring the cases against politically powerful persons such as Pradhan to outside Kandhamal, preferably to Cuttack or Bhubaneswar.”

Cheenath said victims have filed 3,232 complaints at Kandhamal police stations, but officers registered only 832 cases. As many as 341 cases were in the G. Udayagiri area alone, 98 in Tikabali and 90 in Raikia, he said.

“Even out of this small number [in G. Udayagiri], only 123 cases were transferred to the two Fast Track courts,” he said. “So far, 71 cases have been tried in the two courts, and 63 cases have been disposed of. Of these, conviction occurred only in 25 cases, and even that is partial as most of the accused have not been arrested or brought to trial.”

Only 89 persons have been convicted so far in Orissa state, while 251 have been acquitted, supposedly for lack of witnesses against them, he said.

“Among them is Manoj Pradhan,” Cheenath said. “It is strange that in the case of 10 deaths by murder, nine cases have been closed without anybody being convicted, while there has been partial conviction in the case of one death. Who will bring justice in the case of the nine murder cases?”

The archbishop demanded that independent lawyers be allowed to assist overworked special public prosecutors.

Hindu Nationalist Protests

Protesting the delegation visit was the Vishwa Hindu Parishad (VHP) and other Hindu nationalist organizations. VHP State General Secretary Gouri Prasad Brahma had lamented on Jan. 31 that the visit would trigger tension and demanded their immediate withdrawal.

“There is no business of the outsiders in the internal matter of the state,” he said.

The delegation also faced the ire of the Hindu extremist Bajrang Dal on the day of its arrival in Bhubaneswar, capital of Orissa, on Tuesday (Feb. 2). Hundreds of its cadres met the delegation at the airport shouting loudly, “EU team, go back.”

Five Bajrang Dal members were detained for creating trouble, Deputy Commissioner of Police H.K. Lal told media on Wednesday (Feb. 3).

After the delegation had left, the Orissa Bharatiya Janata Party (BJP) heavily criticized the central and the state governments, with BJP state President, Jual Oram telling a press conference that the state had allowed the visit to “divide people on communal lines.” He said that the delegation had not met any Hindu leader during their visit to Kandhamal, which “exposed their communal agenda.”

Oram accused the delegation of violating protocol in trying to meet the judges of fast-track courts in Kandhamal, saying this “amounted to interference into internal affairs of a sovereign independent member state under the U.N.”

At the same press conference, BJP MLA Karendra Majhi said that allowing the visit was an attempt by the chief minister to win back the confidence of minority Christians. He alleged that the delegation had held secret meetings in a Catholic church at Phulbani with church leaders and select NGOs to facilitate conversions to Christianity.

“I have every reason to believe that the promised assistance of 15 million euros to Kandhamal by the EU delegation will be utilized for conversion activities,” Majhi said.

Report from Compass Direct News