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



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

Bede Harris, Charles Sturt University

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

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

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

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

Where the Constitution lacks

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

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

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

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

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

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

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

What a protection could look like

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

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

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

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

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

This right could be phrased as:

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

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

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

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

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

Bede Harris, Senior Lecturer in Law, Charles Sturt University

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

Indonesian Churches Wary of Islamist Offer of ‘Protection’


Following attacks, Islamic Defenders Front’s Christmas gesture rings hollow.

DUBLIN, December 21 (CDN) — In the wake of several attacks on worship services by Indonesia’s notorious Islamic Defenders Front (FPI), several Jakarta area church leaders rejected the FPI’s offer to help protect them over Christmas.

FPI leader Rizieq Shihab made the offer last week, saying he was working in cooperation with the Indonesian Communion of Churches and the Indonesian Bishops Conference. But several churches publicly rejected the offer, with online forums comparing FPI church protection to “foxes protecting a chicken coop.”

Jakarta’s police chief on Friday (Dec. 18) promised protection for every “registered” church in the area, The Jakarta Globe reported. Many Indonesian churches are unregistered, however, since they fail to meet the strict conditions of a Joint Ministerial Decree (SKB) governing places of worship.

The Indonesian public has harshly criticized FPI members for their role in multiple church attacks over the past year and faulted police and politicians for failing to intervene.

The most recent attack occurred last Sunday (Dec. 19), when more than 100 Islamists gathered outside the sealed home of the Rev. Badia Hutagalung of Huria Kristan Batak Protestan (HKBP) church in Rancaekek to disrupt worship services, sources said.

Another attack on Sept. 12 led to the arrest and detention of 13 FPI members, including Murhali Barda, leader of the FPI’s Bekasi branch. During the attack, assailants stabbed and critically wounded church elder Hasian Sihombing and beat the Rev. Luspida Simanjuntak over the head with a wooden beam. (See, “Indonesian Church Leaders Wounded in Attack,” Sept. 15.)

 

‘Christians Should Not Provoke Us’

After making the offer of FPI assistance at the Jakarta police headquarters on Dec. 14, Shihab told The Jakarta Post that “Islam is not allowed to disrupt other religions worship,” but he added the warning that “Christians should not provoke us.”

His offer came just two days after some 300 Islamists from FPI, the Indonesian Ulama Forum and the Islamic Reformist Movement, together with civil service police officers, raided and forcibly closed seven churches in Rancaekek. (See "Islamists Raid House Churches in West Java," Dec. 17.)

Sub-district head Meman Nurjaman on Nov. 16 had sent out a decree ordering 11 churches in Rancaekek to close, citing protests from the local community. Nurjaman later admitted that he had acted under pressure from Muslim hardliners living outside the housing estate, according to a Compass source, who added that Nurjaman had no legal authority to issue the decree.  

During the Dec. 12 raid, Islamists forcibly removed at least 100 worshipers from a residential building used by the HKBP Bethania church and several other churches, and they urged the local government to seal the building immediately because it was not a registered place of worship.

Hutagalung said the congregation only worshipped there because they could not meet the terms of the SKB, which requires proof of at least 90 church members, signatures of approval from at least 60 local residents, and approval from village officials and a local interfaith forum.

The mob also attacked six other house churches in Rancaekek on Dec. 12, forcing five of the seven to close.

A day after the raids, Adj. Sr. Comr. Hendro Pandowo, the Bandung police chief, said Christians in Bandung should refrain from putting themselves in harm’s way.

“If they pray in churches, I will protect them if anybody disturbs them,” he told the The Jakarta Globe. “If they pray in places they are not allowed to, they are breaking rules, so why would I protect them?”

Readers posting comments to the Globe article online said it was almost impossible for congregations to obtain a building permit under existing regulations, leaving them no option but to worship in private homes or empty building sites.

One reader, identified only by the log-in name of Aki-Amani, wrote, “Thank you Chief Hendro for your promise of protection – if we follow your dictates. However, don’t be surprised if we are found anywhere, everywhere … praying as we go about our daily activities at home and in the market place, whether you approve and will protect us or not.”

 

Christmas Security

Jakarta police on Friday (Dec. 18) met with leaders representing 1,600 churches in greater Jakarta to discuss security measures for the Christmas season.

Jakarta Police Chief Insp. Gen. Sutarman, identified only by a single name, said at least 9,000 security personnel would be deployed in and around churches in greater Jakarta as part of a total 87,000 security personnel stationed at houses of worship throughout Indonesia over the Christmas and New Year season, the Globe reported.

Police began providing Christmas security for churches after a series of 38 coordinated church bombings on Dec. 24, 2000, left at least 18 people dead and dozens injured across the nation. The bombings were organized by Jemaah Islamiyah, a local Islamic terrorist group.

“The Jakarta police guarantee that celebrations will be conducted peacefully across all churches registered with us in the city,” Sutarman reportedly said.

What that implies for unregistered churches remains to be seen.

Spokesmen from two unregistered churches told the Globe they would meet this Christmas despite explicit threats from the FPI to ransack “controversial” Christmas celebrations.

The congregation of HKBP Filadelfia in Bekasi will meet in a tent on the street next to their sealed church, despite the risk of further aggression or physical harm from the FPI, sources said.

Members of Gereja Kristen Indonesia Yasmin in Bogor, however, reportedly said they will break open the seals on their partially-constructed church, closed in September due to pressure from the FPI and other hard-line groups despite having a legal permit.

“We want to celebrate religious freedom in our church,” spokesman Bona Sigalingging told reporters, adding that police would not be asked to provide security.

Report from Compass Direct News

UN resolution jeopardizes religious freedom worldwide


Christians in Muslim-dominated countries are facing increased persecution. Over the last month, churches in Indonesia have been attacked and forced to close. A mob of Pakistani Muslim extremists shot and beat dozens of Christians, including one cleared earlier of "blasphemy" charges.

These Christians, and many more worldwide, are not free to believe.

Open Doors USA is launching an advocacy campaign called "Free to Believe." The campaign will focus on helping persecuted Christians who currently do not have religious freedom like Christians do in the United States.

The campaign is a response to the United Nations Defamation of Religions Resolution which threatens the freedom of religion and expression for Christians and members of minority faiths worldwide.

This resolution seeks to criminalize words or actions perceived as attacks against a religion, with the focus being on protecting Islam. Passing this resolution would further result in the United Nations condoning state-sponsored persecution of Christians and members of other faiths.

Many of the countries supporting this resolution are the Islamic-majority countries of the Organization of Islamic Conference (OIC) that persecute Christians and other religious minorities. Members of minority faiths such as Christians or Jews who make truth claims or even evangelize can be accused of "defamation," and those individuals can be punished under national blasphemy laws as frequently happens in countries like Pakistan. Tragically, the UN resolution provides legitimacy to these countries’ blasphemy laws.

While the Defamation of Religions Resolution has been introduced and passed by the UN in the past–in various forms and under various titles since 1999, support for the resolution has been eroding in recent years. The Open Doors advocacy team has been lobbying countries which have voted for the resolution or abstained from voting on the issue in the past. The resolution is up again this fall for re-authorization.

It is important to encourage key countries to change their vote on this resolution. These countries are not easily influenced by American citizens. But they are more receptive to pressure from our legislators. That’s why we’re asking you to send a message to your legislator, asking him or her to ask key countries to change their vote on the Defamation of Religions Resolution. A sample letter is provided for you to send which includes the necessary information for your elected officials to lobby the target UN country missions.

To send a message, go to www.freetobelieve.info

"It’s dangerous and alarming that a UN resolution provides legitimacy to national blasphemy laws that are used to persecuting Christians and other minority faith groups," says Open Doors USA Advocacy Director Lindsay Vessey. "The United Nations Defamation of Religions Resolution in effect amounts to the UN condoning state-sponsored persecution. We as Christians need to speak out against it and do all in our power to stop its passage. Everyone should be free to believe."

Report from the Christian Telegraph

Iran: government security forces burned hundreds of Bibles


Ati News, a site belonging to Morteza Talaee who is the previous head of the security forces and the current member of the Tehran’s city council, in its usual anti-Christian propaganda reported that their social-life reporter had disclosed that shipments of so called, "Perverted Torah and Gospels" had entered Iran through its Western borders, reports FCNN.

Two days later, on May 31st, the same report was reiterated by the official anti-crime website of the Pasdaran Army called "Gerdaub" that a large shipment of Jewish and Christian Scriptures has entered Iran through the Western Azerbaijan province and according to security officials of that province the "occupier forces" that operate in the Western regions of Iraq were responsible for such activities.

Gerdaub, the official website of the Pasdaran Army continued its report by quoting the security official who had stated that:

Some of these books are distributed locally, but most of the books are smuggled and distributed all over the country. In just the last few months, hundreds of such "perverted Bibles" have been seized and burned in the border town of Sardasht.

The same unidentified security source adds that his intention has been to inform and enlighten people.

While the depiction of the Prophet of Islam and other historical religious leaders, whether in good or bad taste, has caused uproar and violent protests, threats of retaliation and assassinations, closure of embassies, long and mournful marches in various parts of countries of the world such as Pakistan, Iran, and Saudi Arabia, its quite interesting that the official website of the most powerful military wing of the Islamic Republic of Iran engages in the shameful act of reporting the burning
of Bibles.

Of course, the security officials have not clarified the difference between these so called "perverted Bibles" and those that are commonly used by people around the world – including Iran.

These officials shamefully label the Holy Scriptures of the Christians contraband without realizing the over two billion people around the world and at least five hundred thousand people in Iran revere and consider holy. This action is no different than what the government has wrongfully accused many Christians of insulting the sacred beliefs of Islam.

On the hand the defenders of the Islamic Republic of Iran in the international organizations and human rights forums claim that religious minorities such as Jews and Christians enjoy constitutional protection and the adherents of these religions not only can elect their own representatives to the parliament, but exercise their religious rights freely and openly. But, as with many other rights and freedoms granted to the people in the constitution, this fundamental right has also been violated
and repressed by the Islamic government.

The leaders of the Islamic Republic not only use the weapon of their pre-selected parliamentary candidates to control who gets into the legislature, but severely suppresses the religious minorities by demanding the names of those attending church services, banning the entry of Farsi-speaking members into church building and any preaching in the Farsi language, rejecting any building permits for church buildings, and the publishing of Bibles and other Christian literature which amounts to nothing
but direct interference in the religious affairs of the very people it claims to be protecting.

For these reasons Christians have taken refuge at homes and congregate in home-style churches form small home-based churches. Even then, many of these Christians are harassed and often pursued by security agents and are arrested and detained. Many Christian leaders have been detained for long periods of time in undisclosed locations and often very expensive bails have to be posted to secure their freedom.

The question remains as to how long the Christian community outside of Iran can tolerate such persecutions and atrocities? Moreover, and not withstanding the fact that Iranian Christians do not have the right to publish their holy scriptures, those Christians from around the world who donate Bibles to their brothers and sisters inside Iran are insulted by labeling their donated Bibles as contraband and burned by the security agents.

It is only appropriate that the official website of the Pasdaran army that has published this report and has confirmed the validity of this news through one of its security agents be condemned by the international Christian community and the world to demand the identification of those perpetrated this shameful act.

Such insults and offensive actions in burning the Christian Bible coincides with the Islamic community’s full enjoyment, freedom, and the blessings of the Western nations that allow them to publish the Islamic Holy Book, the Quran, and to build as many mosques as its needed in various European and North America cities.

The Quran states that the Torah and the Gospels are Holy Scriptures as well. Nevertheless, the Islamic leaders claim that the Bibles used by Christians and Jews are not the authentic scriptures but have been changed by the church. Considering the fact that the Quran also states that no man can destroy the word of God, the question remains that if the currently used Bible is, as the Islamic leaders so claim, a changed and untrustworthy document where is the real Torah and the Gospels?

If the Quranic claim that the word of God can never be perverted and changed, then there must be a copy of the real Torah and the Gospels somewhere. To this question Muslims have not credible answers. There is no such difference or variance between today’s Scriptures and the original writings. Our modern Bibles go back to the very ancient copies of the scriptures that in some cases date back to only 50 years from Christ Himself. There are even copies of the Old Testament that date several hundred
years before Christ.

Definitely and for sure, one can not find any ancient writings that have been as carefully and precisely copied and preserved as the Bible has been. There are thousands of ancient manuscripts in world museums that testify to this fact. Therefore the claim that the Bible is a changed and false scripture is totally baseless and is nothing but a ploy to confuse and mislead people by the Islamic leaders.

In any event, the burning of any book, especially one that is honored and revered by a great majority of people around the world, is an unacceptable and immoral act and must be condemned by the world community.

Report from the Christian Telegraph

Second Wave of Deportations Hits Foreign Christians in Morocco


Muslim hardliners pressure government; nationals fears they may be next victim of ‘purging.’

ISTANBUL, May 21 (CDN) — In a second wave of deportations from Morocco, officials of the majority-Muslim country have expelled 26 foreign Christians in the last 10 days without due process.

Following the expulsion of more than 40 foreign Christians in March, the deportations were apparently the result of Muslim hardliners pressuring the nation’s royalty to show Islamic solidarity.

The latest deportations bring the number of Christians who have had to leave Morocco to about 105 since early March. Christians and expert observers are calling this a calculated effort to purge the historically moderate country, known for its progressive policies, of all Christian elements – both foreign and national.

“I don’t see the end,” said Salim Sefiane, a Moroccan living abroad. “I see this as a ‘cleansing’ of Christians out of Morocco, and then I see this turning against the Moroccan church, which is already underground, and then persecution of Moroccan Christians, which is already taking place in recent days.”

At least two Moroccan Christians have been beaten in the last 10 days, sources told Compass, and police have brought other Moroccan Christians to police stations daily for psychologically “heavy” interrogations.

Authorities are enquiring about the activities of foreign and local Christians.

Forcibly Ejected

Legal sources said that according to Moroccan law, foreigners who have lived in the country for more than 10 years cannot be deported unless they are accused of a crime. They have the right to appeal the deportation order within 48 hours.

With only hours’ notice and forced escort to the country’s exit ports, almost none of the deportees were able to appeal their deportations.

“Most of these [deportations] are happening over the weekends, when the courts are closed,” Sefiane said. “Most of them are done in a way where they’re bringing them in [to the police station], intimidating them, and manhandling them out of the country. Many of them are not even going back to say goodbye to their wives, or even to pack a bag.”

With the exception of three foreigners, in none of the forced deportations did authorities produce an official deportation order, sources said. In many cases, Moroccan officials used embassies to notify foreigners that they were being deported. In most cases, foreigners were presented with a document in Arabic for them to sign that stated that they “understood” that they were being deported.

Compass learned of one case in which a foreigner was forced to the airport, and when he resisted he was forcibly drugged and sent to his native country.

“The expats in the country are very vulnerable, and the way it has happened has been against the laws of the country,” said a European Christian who was deported last week after nearly a decade of running his business in Morocco. “When I tried to walk away from the situation, I was physically stopped.”

The deported Christian said that authorities never informed any of the Christian foreigners of their rights, when in fact there are national laws protecting foreigners. 

“Basically they are trying to con everyone into leaving the country,” he said.

Deported foreigners have had to leave their families behind in Morocco, as well as their friends and communities. Many of the deportees were the male breadwinners of the family and have left their families behind as they try to decide their future.

“It’s devastating, because we have invested years of our lives into our community, business community and charity sectors,” said the European Christian. “People flooded to our house when they heard I was bundled into the back of a police car by the local authorities. It was like a death in the family – forcibly ejected from the country without being able to say goodbyes, just like that.”

The deportees have included Christians from North America, Latin America, Europe, Africa, New Zealand and Korea.

“It’s come out of left field,” said the European. “No one really knows why this is happening.”

Internal Pressure

A regional legal expert said on condition of anonymity that a small number of extremist Muslims have undertaken a media campaign to “get [Christians’] good works out of the public eye and demonize Christians,” in order to expel them and turn the nation against local Christians – some of whom are third-generation followers of Jesus.

“There are too many eyes and ears to what they want to do to the native Christians,” said the expert. “They’re trying to get to them …They want to shut down the native Moroccan Christians.”

Deportation orders are coming from the Ministry of Interior, and speculation on the reason for the sudden spike in expulsions has centered on the arrival of a new, hard-line Muslim interior director in January.

Moroccan officials have cited “proselytism” as the reason for the deportations. Reuters news agency reported Religious Endowments and Islamic Affairs Minister Ahmed Toufiq as saying “proselytism” and “activism of some foreigners” had “undermined public order.”

On April 12 local media reported that 7,000 religious Muslim leaders signed a document describing the work of Christians within Morocco as “moral rape” and “religious terrorism.” The statement from the religious leaders came amid a nationwide mudslinging campaign geared to vilify Christians in Morocco for “proselytism” – widely perceived as bribing people to change their faith.

Religious rights advocates point out that under Article 18 of the United Nations Universal Declaration of Human Rights, the more than 100 foreigners who had lived in Morocco, some for decades, not only had the right to stay in the country but had contributed to the nation. 

“They expelled people who helped build up the country, trained people, educated Moroccan children, cared for orphans and widows, increased the GDP and trade,” said the regional legal expert. “These people they expelled weren’t even proselytizing under their own law. There’s an international standard, yet they changed the definition of the terminology and turned it into this horrible ‘religious terrorism.’”

One of the country’s most prestigious educational institutions, George Washington Academy in Casablanca, has come under fierce criticism from media and investigation by authorities.

“The biggest problem is the image the Ministry of Justice is pushing about who the Christian foreigners are,” said another observer on condition of anonymity. “All the articles have been extreme exaggerations of the manipulative aspect of what foreigners were doing, and especially when it comes to minors.”

Local Christians have reported to sources outside of Morocco that attitudes towards them, which used to be more tolerant, have also shifted as a result of the extremist-led campaign, and some are experiencing family and societal pressure and discrimination as well.

International Forces

While the deportations have perplexed the local Christian community, the regional legal expert said that in some ways this was calculated and inevitable.

He said that the Organization of the Islamic Conference had been putting pressure on countries across the Middle East and North Africa to remove their Christian elements. Iraq, with its decline in Christian population from a few million to a few hundred thousand over the last decade, is a case in point.

“Countries which have been more forward looking and spoken about rights, freedoms and equalities have been pressured to demonstrate their Muslim credentials, and the best way to do this is to sanitize [religious] minorities from the borders,” he said.

Congressman Frank Wolf (R-Va.), co-chairman of the Tom Lantos Human Rights Commission, has called congressional hearings on June 17 to examine the human rights situation in Morocco in light of the expulsions. On Wednesday (May 19) Wolf called on the U.S. government to suspend $697.5 million in aid it has pledged to Morocco based on criteria that it is “ruling justly.”

“We’ve been told the Christians are a threat to the national security, so they are using terrorism laws against peace-loving Christians,” said the deported European Christian. “But it is massively backfiring.”

The Christian described how the Moroccan friends of Christian foreigners have been asking why they are being deported for their faith.

“They are being impacted by the reality of Christ through this, and it’s having more of an effect on the community than years and years of quietly demonstrating Christ peacefully and lawfully,” he said. “By breaking their own laws, they have opened the lid on the reality of the life of Christ.”

There are an estimated 1,000 Moroccan Christian converts. They are not recognized by the government. About 99 percent of Morocco’s population of more than 33 million is Muslim.

Report from Compass Direct News 

Plot Targeting Turkey’s Religious Minorities Allegedly Discovered


CD indicates naval officers planned violence against non-Muslim communities.

ISTANBUL, December 16 (CDN) — ISTANBUL, December 16 (Compass Direct News) – Chilling allegations emerged last month of a detailed plot by Turkish naval officers to perpetrate threats and violence against the nation’s non-Muslims in an effort to implicate and unseat Turkey’s pro-Islamic government.

Evidence put forth for the plot appeared on an encrypted compact disc discovered last April but was only recently deciphered; the daily Taraf newspaper first leaked details of the CD’s contents on Nov. 19.

Entitled the “Operation Cage Action Plan,” the plot outlines a plethora of planned threat campaigns, bomb attacks, kidnappings and assassinations targeting the nation’s tiny religious minority communities – an apparent effort by military brass to discredit the ruling Justice and Development Party (AKP). The scheme ultimately called for bombings of homes and buildings owned by non-Muslims, setting fire to homes, vehicles and businesses of Christian and Jewish citizens, and murdering prominent leaders among the religious minorities.

Dated March 2009, the CD containing details of the plot was discovered in a raid on the office of a retired major implicated in a large illegal cache of military arms uncovered near Istanbul last April. Once deciphered, it revealed the full names of 41 naval officials assigned to carry out a four-phase campaign exploiting the vulnerability of Turkey’s non-Muslim religious minorities, who constitute less than 1 percent of the population.

A map that Taraf published on its front page – headlined “The Targeted Missionaries” – was based on the controversial CD documents. Color-coded to show all the Turkish provinces where non-Muslims lived or had meetings for worship, the map showed only 13 of Turkey’s 81 provinces had no known non-Muslim residents or religious meetings.

The plan identified 939 non-Muslim representatives in Turkey as possible targets.

“If even half of what is written in Taraf is accurate, everybody with a conscience in this country has to go mad,” Eyup Can wrote in his Hurriyet column two days after the news broke.

The day after the first Taraf report, the headquarters of the Turkish General Staff filed a criminal complaint against the daily with the Justice Ministry, declaring its coverage a “clear violation” of the laws protecting ongoing prosecution investigations from public release.

Although the prime minister’s office the next day confirmed that the newly revealed “Cage” plot was indeed under official investigation, Prime Minister Recep Tayyip Erdogan criticized Taraf’s public disclosure of the plan as “interfering” and “damaging” to the judicial process and important sectors of the government.

But when the judiciary began interrogating a number of the named naval suspects and sent some of them to jail, most Turkish media – which had downplayed the claims – began to accept the plot’s possible authenticity.

To date, at least 11 of the naval officials identified in the Cage documents are under arrest, accused of membership in an illegal organization. They include a retired major, a lieutenant colonel, three lieutenant commanders, two colonels and three first sergeants.

The latest plot allegations are linked to criminal investigations launched in June 2007 into Ergenekon, an alleged “deep state” conspiracy by a group of military officials, state security personnel, lawyers and journalists now behind bars on charges of planning a coup against the elected AKP government.

Christian Murders Termed ‘Operations’

The plot document began with specific mention of the three most recent deadly attacks perpetrated against Christians in Turkey, cryptically labeling them “operations.”

Initial Turkish public opinion had blamed Islamist groups for the savage murders of Italian Catholic priest Andrea Santoro (February 2006), Turkish Armenian Agos newspaper editor Hrant Dink (January 2007) and two Turkish Christians and a German Christian in Malatya (April 2007). But authors of the Cage plan complained that AKP’s “intensive propaganda” after these incidents had instead fingered the Ergenekon cabal as the perpetrators.

“The Cage plan demanded that these ‘operations’ be conducted in a more systematic and planned manner,” attorney Orhan Kemal Cengiz wrote in Today’s Zaman on Nov. 27. “They want to re-market the ‘black propaganda’ that Muslims kill Christians,” concluded Cengiz, a joint-plaintiff lawyer in the Malatya murder trial and legal adviser to Turkey’s Association of Protestant Churches.

In the first phase of the Cage plot, officers were ordered to compile information identifying the non-Muslim communities’ leaders, schools, associations, cemeteries, places of worship and media outlets, including all subscribers to the Armenian Agos weekly. With this data, the second stage called for creating an atmosphere of fear by openly targeting these religious minorities, using intimidating letters and telephone calls, warnings posted on websites linked to the government and graffiti in neighborhoods where non-Muslims lived.

To channel public opinion, the third phase centered on priming TV and print media to criticize and debate the AKP government’s handling of security for religious minorities, to raise the specter of the party ultimately replacing Turkey’s secular laws and institutions with Islamic provisions.

The final phase called for planting bombs and suspicious packages near homes and buildings owned by non-Muslims, desecrating their cemeteries, setting fire to homes, vehicles and businesses of Christian and Jewish citizens, and even kidnapping and assassinating prominent leaders among the religious minorities.

Lawyer Fethiye Cetin, representing the Dink family in the Agos editor’s murder trial, admitted she was having difficulty even accepting the details of the Cage plot.

“I am engulfed in horror,” Cetin told Bianet, the online Independent Communications Network. “Some forces of this country sit down and make a plan to identify their fellow citizens, of their own country, as enemies! They will kill Armenians and non-Muslims in the psychological war they are conducting against the ones identified as their enemies.”

No Surprise to Christians

“We were not very shocked,” Protestant Pastor Ihsan Ozbek of the Kurtulus Churches in Ankara admitted to Taraf the day after the news broke.

After the Malatya murders, he stated, Christians had no official means to investigate their suspicions about the instigators, “and we could not be very brave . . . Once again the evidence is being seen, that it is the juntas who are against democracy who [have been] behind the propaganda in the past 10 years against Christianity and missionary activity.”

Patriarch Bartholomew of the Greek Orthodox Church also openly addressed the Cage plot, referring to recent incidents of intimidation against Christian and Jewish citizens in Istanbul’s Kurtulus and Adalar districts, as well as a previous raid conducted against the alumni of a Greek high school.

“At the time, we thought that they were just trying to scare us,” he told Today’s Zaman. Several of the jailed Ergenekon suspects now on trial were closely involved for years in protesting and slandering the Istanbul Patriarchate, considered the heart of Eastern Orthodoxy’s 300 million adherents. As ultranationalists, they claimed the Orthodox wanted to set up a Vatican-style entity within Turkey.

Last summer 90 graves were desecrated in the Greek Orthodox community’s Balikli cemetery in the Zeytinburnu district of Istanbul. The city’s 65 non-Muslim cemeteries are not guarded by the municipality, with their maintenance and protection left to Greek, Armenian and Jewish minorities.

As details continued to emerge and national debates raged for more than a week over the Cage plan in the Turkish media, calls came from a broad spectrum of society to merge the files of the ongoing Dink and Malatya murder trials with the Ergenekon file. The Turkish General Staff has consistently labeled much of the media coverage of the Ergenekon investigations as part of smear campaign against the fiercely secular military, which until the past two years enjoyed virtual impunity from civilian court investigations.

According to Ria Oomen-Ruijten, the European Parliament’s rapporteur on Turkey, the long-entrenched role of the military in the Turkish government is an “obstacle” for further democratization and integration into the EU.

Report from Compass Direct News 

TURKEY: MURDER DEFENDANT AGAIN ADMITS PERJURY


Prosecutors suspect he’s protecting ‘masterminds’ of slaying of three Christians in Malatya.

ISTANBUL, August 25 (Compass Direct News) – Turkish murder suspect Emre Gunaydin admitted in court last week that he had again committed perjury in the trial over the savage murders of three Christians in southeast Turkey.

Gunaydin, 21, faced off in Malatya’s Third Criminal Court on Friday (Aug. 21) with Varol Bulent Aral, whom he had named as one of the instigators of the attack at Zirve Publishing Co.’s Malatya office in a previous disposition before state prosecutors. Gunaydin, the alleged ringleader of the murderers, told the court that he had lied in a previous disposition before state prosecutors by implicating Aral.

“I named Varol Bulent Aral to reduce the sentence,” Gunaydin said under questioning.

His admission came after Aral testified at length, painting an elaborate scenario of himself as a key player in the “Ergenekon” conspiracy – said to include top level political and security officials, among others – suspected of orchestrating the 2007 Malatya attack with Gunaydin and four other defendants.

“Varol Bulent Aral has no connection with these events,” Gunaydin insisted. “He is explaining things that he has imagined. There was not any threat against me, nor any instigator.”

Gunaydin initially failed to appear at Friday’s hearing where Aral was expected to testify, sending a note to the court that he was feeling unwell. But the judge abruptly announced a short court recess and ordered Gunaydin brought immediately from prison to the courtroom.

At a hearing three months ago, Gunaydin retracted similar allegations he had made against Huseyin Yelki, a former volunteer at the Christian publishing house where Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were bound hand and foot, tortured and then slain with knives.

Jailed for three months on the basis of Gunaydin’s allegations, Yelki was finally brought to testify at the May 22 hearing.

“Huseyin Yelki is not guilty. He’s in prison for nothing,” Gunaydin told the court after Yelki testified. When questioned why he previously had implicated Yelki, Gunaydin said, “I did it to lessen my punishment. That’s why I said he was a missionary.”

Despite glaring discrepancies in his testimony, Yelki was released for lack of evidence. Aral was also ordered released for insufficient evidence, although he remains jailed in the Adiyaman Prison on unrelated criminal charges.

Plaintiff lawyers have expressed skepticism about Gunaydin’s two retractions, questioning whether he has been pressured to change his testimony in order to shield the actual instigators of the plot. They also remain unconvinced that Aral and Yelki were not collaborators in the attack.

Prosecution Failures

“An investigation does not just consist of claims, it must consist of proofs,” plaintiff lawyer Ali Koc told journalists on the courthouse steps after last week’s hearing. “One of the underlying missing elements of the Zirve Publishing trial in Malatya stems from the failure to pursue the investigation with sufficient objectivity, depth and careful attention.”

The only reason Aral and Yelki were charged in the case, the attorney noted, was because one of the defendants claimed they were accomplices. Koc stressed it was “the duty of the state and the judiciary to uncover those responsible for this event – the instigators, and the climate in which they emerged.”

He also declared that Aral should be investigated for his relations with intelligence officials, which he hoped would expose new evidence.

“If the Malatya case is not joined with the Ergenekon trial, then we’re probably looking at a verdict against the killers within the next three to five court hearings,” plaintiff lawyer Erdal Dogan said. “But I have hope – I hope for merging it with the Ergenekon case, in order to uncover the perpetrators behind the scenes.”

After two failed summons, Burcu Polat also appeared to testify at the Aug. 21 hearing. Now 18, Polat was Gunaydin’s girlfriend at the time of the murders. She stated that she had used two different cell phones in the weeks previous to the murders. Both telephones were registered in the name of her father, Ruhi Polat, a provincial council member of the Nationalist Movement Party previously called to testify at the trial.

The court summoned intelligence officer Murat Gokturk from the Malatya gendarmerie headquarters to appear at the next hearing, set for Oct. 16. Yelki had contacted Gokturk frequently by telephone in the weeks preceding the murders.

Detailed Informant Letter

Two months ago, an informant in the military intelligence division of the Malatya gendarmerie headquarters sent an extremely detailed report to state prosecutors regarding what Turkish media have dubbed the “Malatya massacre.”

The two-page letter fingered former Col. Mehmet Ulger, gendarmerie commander of Malatya province at the time of the murders, as a key instigator within the murder plot.

With precise, documented details, the report outlined Ulger’s targeting of the Malatya Christians and their activities during the weeks surrounding the attack, including a secret briefing for selected officials, unregistered meetings and the tapping of gendarmerie personnel named for specific assignments at various stages.

At the actual day and hour of the killings, the report said, Ulger received a telephone call from his commander while he was in a furniture shop in the city center. Ulger immediately promised to go to the scene, taking two sergeant majors and an official car, and arriving just as the police teams pulled up.

“The event had just happened, and the police teams had not yet gone to the scene, and Mehmet Ulger’s superiors informed him about it,” the report noted.

The letter goes on to describe frequent visits Inonu University professor Ruhi Abat made to Ulger’s office, where the colonel had specifically ordered his subordinates to never record Abat’s visits in the official record book.

Although Ulger and Abat testified on April 13 that they had sponsored a seminar regarding missionary activities for gendarmerie personnel, the informant declared it could be easily proved that such a seminar had never been held.

The informant claimed that 40,000 Turkish lira (US$30,800 at the time) was paid out during 2007 by Malatya’s gendarmerie intelligence staff “solely to direct close surveillance on missionary activities.” Instead of using the funds to help “break apart illegal organizations or recover a lot of drugs,” he said, a large portion of the money was handed over to Abat, he said.

The informant’s letter was sent simultaneously to Malatya Prosecutor Seref Gurkan and State Prosecutor Zekeriya Oz, who heads the Ergenekon investigation in Istanbul.

The anonymous informant claimed he had much more information that he could not pass along safely without revealing his own identity.

“Because I regret that I was involved myself in some of this, I am sending this letter to both prosecutors,” he wrote. “I hope that I am being helpful in solving this dark event.” He enclosed a CD of Ulger’s 2007 briefing as well as a list of the people whose telephones were being tapped.

It is not known how seriously the latest informant’s letter is being taken by the Malatya prosecutors.

“But we are seeing the continuation of a long chain of information coming out,” plaintiff lawyer Orhan Kemal Cengiz commented. “We have at least achieved something in the eyes of the Turkish public, because everyone is now convinced that it was not just these five young men who planned this; there were much larger and more serious forces behind the scenes.”

Report from Compass Direct News 

CHINA: AUTHORITIES REFUSE TO RENEW LICENSES FOR HUMAN RIGHTS LAWYERS


Key attorney for Uyghur Christian among those effectively disbarred.

DUBLIN, June 11 (Compass Direct News) – Li Dunyong, one of several lawyers involved in the defense of Uyghur house church Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) was effectively disbarred at the end of May when Chinese authorities turned down an annual application to renew his law license.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate.

Authorities failed to renew licenses for at least 15 other lawyers who had defended civil rights cases, religious and ethnic minorities and political dissidents, according to watch group Human Rights in China (HRIC).

During a process of “Annual Inspection and Registration” for all lawyers and law firms, with a closing date of May 31 for renewal applications, authorities also denied three law firms the necessary approval to practice. Officials harassed and physically abused several of the affected lawyers in the months prior to the loss of their licenses.

The lawyers can technically appeal this decision or re-apply at a later date, but most see this as a clear warning to avoid handling sensitive cases.

“The process of building a country ruled by law has suffered a serious setback,” HRIC claimed in a statement on June 4.

The rejection of applications followed the Feb. 4 disappearance of Gao Zhisheng, a high-profile Christian human rights activist who once said that every human rights lawyer would eventually become a human rights case. Gao’s whereabouts remained unknown at press time. (See “Action Urged for Missing Rights Activist,” March 25.)

Lawyer Li had planned to visit Alimjan in northwest China early this month, but recent events have forced the legal team to reconsider its defense strategy.

Alimjan, a member of the troubled Uyghur minority in Xinjiang province, remains in arbitrary detention awaiting trial, 16 months after his arrest. Officials initially closed the foreign-owned business Alimjan worked for in September 2007 and accused him of using it as a cover for “preaching Christianity.” He was then detained in January 2008 on charges of endangering state security and was formally arrested on Feb. 20, 2008 on charges of “inciting secession” and leaking state secrets.

Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence. Last May 21, government sources told Alimjan’s mother that the Public Security Bureau (PSB) in Kashgar planned to quietly sentence him to three years of re-education through labor, thereby circumventing the court system.

Under Chinese law the PSB, which originally filed the case against Alimjan, may authorize such sentences without approval from the court or other state agencies.

The case was returned to court for consideration last October, but at press time there was no indication of another date for a court hearing.

Li petitioned for and was granted permission for a rare meeting with his client on April 21 after witnesses saw police and a prison doctor escorting Alimjan to a hospital on March 30; Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why. When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

The beating followed a previous meeting with his lawyer – only the second of such visits permitted during his detention – on March 24.

Human Rights Advocates Threatened

On April 13, China’s State Council released a new “National Human Rights Action Plan” that focused heavily on protecting the rights of prisoners and included a pledge to abolish torture and other forms of abuse within two years.

Issued at least partially in response to a United Nations review of China’s rights record in February, the plan also affirmed the right of prisoners to hire and meet with lawyers and to report abuses in writing to the appropriate authorities.

Contrary to such promises, however, the detention and physical abuse of lawyers has multiplied in recent months, according to Human Rights Watch (HRW). Sophie Richardson, Asia advocacy director for HRW, maintains that control over the yearly renewal of licenses remains one of the main obstacles to the independence of China’s legal profession.

Authorities placed several human rights lawyers under house arrest or heavy surveillance in the first week of June as China marked the 20th anniversary of the June 4, 1989 crackdown on pro-democracy protests in Tiananmen Square. According to HRIC, policemen seized one of the 15 temporarily disbarred lawyers, Tang Jitian, from his home early on the morning of June 4; they had already detained him for 10 hours the previous day.

“This is a display of meticulously planned suppression of lawyers who enforce and uphold the law and are dedicated to public interests,” Tang told HRIC.

One lawyer, Jiang Tianyong, said officers barred him from leaving his home on June 3 and told him, “Think of your wife and child.” Jiang is among those whose licenses were not renewed.

In late May, HRW reported that Beijing authorities had pressured several legal firms not to endorse the renewal applications of members who had defended civil rights cases.

Report from Compass Direct News