Church Wins Legal Battle to Worship in Building


Court in West Java rescinds mayor’s order revoking permit.

JAKARTA, Indonesia, September 29 (CDN) — Christians have won a court battle restoring the right to worship in their building in Depok City, West Java.

Depok Mayor Nur Mahmudi Ismail on March 27 had revoked the building permit for a multipurpose building and house of worship for Gereja Huria Kristen Batak Protestan (HKBP) church following protests by Muslims. A court in Bandung on Sept. 17 rescinded the order that revoked the church building permit, paving the way for congregants to resume worship there.

Head Judge A. Syaifullah read the decision of the three-judge panel, which found the mayor’s reasoning for canceling the building permit inadequate. The mayor had said that most people living near the church objected to its building in Jalan Pesanggrahan IV, Cinere Area of Depok City.

“These objections by the local residents should have been raised when the building permit was going through the approval process, not protesting afterwards,” said Syaifullah.

Syaifullah added that the mayor also should have taken the views of church members into consideration.

“In this case, the revocation of the building permit was based upon the objections of one group in the community without considering those from the church,” he said.

Construction of the church building had begun in 1998, shortly after the permit was issued, but halted soon afterward due to a lack of funds.

When the project began anew in 2007, members of a Muslim group from the Cinere Area of Depok City and neighboring villages damaged the boundary hedge and posted protest banners on the walls of the building. Most of the protestors were not local residents.

The court determined that lawyers for the church successfully demonstrated that church leaders had followed all Depok City procedures for the building permit. Betty Sitompul, vice-chair of the HKBP church building committee, stated that the church court win was a victory for all Christians.

“We won because we had followed all the procedures and had completed all the required documents,” she said.

In early June the church had filed suit against the mayor’s action in a provincial court in Bandung, with church lawyer Junimart Girsang arguing that the mayor’s revocation of the permit was wrong.

Girsang said that the court had finally sided with justice for all Indonesians.

“The judges made the right decision and had no choice, because all of the papers for the permit were done properly,” he said.

The church had been meeting in a naval facility located about five kilometers (nearly three miles) from the church building since the permit was revoked, causing great inconvenience for church members, many of whom did not have their own transportation.

In South Sumatra Province, another HKBP church outside the provincial capital city of Palembang is trying to overcome objections by Muslim protestors in order to complete construction of its building in Plaju.  

Church leaders acknowledge they had not finished the application process for a permit before beginning construction. They said they went forward because after they applied to the mayor of Palembang, he told them to talk with the governor of South Sumatra. After talking with Gov. Alex Noerdin and securing his approval on Feb. 10, church leaders began construction on a donated plot of 1,500 square meters only to face a demonstration by members of several Muslim organizations on June 27.

The South Sumatra Muslim Forum (FUI Sumsel) organized the demonstration. Carrying a copy of a mayoral decree dated May 2009 ordering a halt to construction, the protestors gathered outside the building site, listened to speeches and then destroyed a bridge leading to it before demanding that the government ban the building project.

Applications for church permits are often fraught with difficulty in Indonesia, leaving many congregations no choice but to worship in private homes, hotels or rented conference facilities. Such gatherings leave churches open to threats and intimidation from activist groups such as the Front Pembela Islam (Islamic Defenders Front), in recent years responsible for the closure of many unregistered churches.

Report from Compass Direct News 

EGYPT: TWO COPTS RE-ARRESTED IN ABU FANA MURDER


Christians fear police coercing them to drop charges of Muslim attack on monastery.

ISTANBUL, May 29 (Compass Direct News) – Police this month released two Copts wrongfully arrested for killing a Muslim during an attack on Abu Fana monastery in Egypt in May 2008, but then re-arrested them as part of an intimidation campaign against Christians, their lawyer said.

More worrisome to the Christians in custody is that their fate most likely will be decided outside of the justice system, in “reconciliation meetings.” The state prosecutor investigating the case has not announced the results of his findings on the true identity of the murderer, as he is awaiting the outcome of the out-of-court talks between Copts and local Muslims.

Brothers Refaat and Ibrahim Fawzy Abdo have been incarcerated for a year. On May 3 the two brothers were released on bail, but the Minya State Security Services issued a new detention order and had them arrested on May 20 for “security reasons.” Egyptian security forces can incarcerate people without reason according to provisions in criminal law.

A criminal court in Cairo ordered the release of the Fawzy Abdo brothers twice, but each time the interior ministry issued another arrest order. Advocacy groups say the interior ministry is working with local police and the investigating officer to keep them detained, force a confession and make the Copts look guilty in the Abu Fana attack.

“Police arrested them for reasons of ‘security concerns’ in spite of no evidence,” said Ibrahim Habib, chairman of United Copts of Great Britain. “They are comforting Islamists by scapegoating Christians.”

The two men worked as building contractors on the walls of Abu Fana monastery in Upper Egypt when nearly 60 armed Muslim residents attacked it in May 2008. The attack left one Muslim dead and four Christians injured, and two of three monks briefly kidnapped were tortured.

Five days after the attacks, security forces arrested the Fawzy Abdo brothers, charging them with murder. In November they were sent to El Wadi El Gadid Detention Camp near the Egypt-Sudan border and tortured as authorities tried to extract a false confession of murder, their lawyer said.

Minya Gov. Ahmed Dia el-Din claimed the Muslim murdered at Abu Fana was killed by one of the brothers from 80 meters away. But the Coptic brothers’ lawyer, Zachary Kamal, told Compass that an autopsy showed a bullet fired from a short distance.

The two men have faced extreme conditions in prison such as solitary confinement and broken teeth from beatings, and they have not been allowed to see their families, who are undergoing extreme hardship. Refaat Fawzy Abdo has six children and Ibrahim Fawzy Abdo has seven; both Christians are the breadwinners of their households.

Reconciliation Instead of Justice?

Reconciliation meetings with area Muslims continue with the participation of Coptic businessmen, the diocese of Mallawi, a member of Parliament and attorney Kamal, all under the auspices of the police.

Such meetings are somewhat customary in Egypt, in which different parties come together to settle legal matters out of court. They carry a social purpose of restoring faith and communal harmony in the face of sectarian tensions.

Kamal said he was not opposed to a reconciliation meeting instead of normal judicial channels, but that terms of the discussion were unacceptable. Authorities want the brothers to admit to the murder of the Muslim and the Copts to pay compensation to the victim’s family.

“They want the Copts to accept guilt, but that means they will carry the blood of the victim the rest of their lives,” Kamal said.

Other Copts worry that the meetings are a substitute for administrative justice, and that police are using the brothers as a bargaining tool to force Abu Fana’s monks to drop charges against local Muslims and call off the investigation of the attack.

“The brothers are still held because they are being used as a negotiation chip,” said Samia Sidhom, English editor of Egyptian Christian weekly Watani. “The reconciliation efforts are to make the monks change their testimony. If they do that, the brothers will be released.”

Sidhom said that Coptic church leaders entered into negotiations with local Muslims and politicians and gave up their legal rights because obtaining justice in the Islamist-tilted Egyptian legal system is very difficult.

“Typically a Copt or their buildings are attacked, and the only way for the police to avoid punishing the culprits is through these reconciliation meetings, where the Copts give up any legal rights they have,” Sidhom said.

State officials, however, said the Copts are superimposing religious persecution claims onto a simple argument over property. The Minya governor said the attacks were not religious but were provoked by a long-standing land dispute between the monks and local Bedouins.

Whether the monastery attack started as a land dispute or not, the findings of secular rights groups revealed that in the course of the violence, attackers tied two of the kidnapped monks to a palm tree, whipped and beat them, and forced them to spit on a cross and give the confession of Islam, according to the Egyptian Initiative for Personal Rights.

Motives for the May 2008 attacks against the monastery, located 200 kilometers (124 miles) south of Cairo, are still unknown. Coptic advocacy groups claim the attacks were motivated by growing hostility against Egypt’s Christian community.

Report from Compass Direct News