Hungary and the Rule of Law

Hong Kong fears losing its rule of law; the rest of the world should worry too

A Hong Kong pro-democracy protester on 11 August 2019.
Miguel Candela/EPA

John Garrick, Charles Darwin University

What’s happening in Hong Kong right now has direct bearings on Australia. It goes to an issue crucial to our position in a world economic order that is likely to be shaped less by the United States, still our most important ally, and more by China, our ever more valuable trading partner.

At the heart of the Hong Kong protests is the same issue that causes concern about China’s ambitions from the South China Sea to the South Pacific. It’s about the Chinese government’s commitment to an idiosyncratic idea of the rule of law.

Hong Kong has something like a constitution or bill of rights, called the Hong Kong Basic Law. It’s a legacy of British colonial rule, which the Chinese government agreed to preserve because there was value in keeping Hong Kong the prosperous city it had become.

China has a very different approach to law. Its constitution can and has been changed at the whim of the ruling party. There is no separation of powers, and no such thing as an independent judiciary.

Removing the judicial firewall

The trigger for the Hong Kong protests was a proposed law enabling China to extradite Hong Kong residents and visitors. Protesters foresaw democrats and dissidents disappearing into China’s prison system. The judicial “firewall” giving meaning to the notion of “one country, two systems” would be fatally undermined. Hong Kong’s distinctive culture and economy would be destroyed with it.

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Read more:
The Hong Kong protesters have turned militant and more strategic – and this unnerves Beijing

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The idea of law as an instrument of the Chinese Communist Party shapes the Chinese government’s domestic policies, and also its approach to international law. It respects international conventions when it has to, and when it is in the national interest. But there’s a point where it is quite willing to thumb its nose at the whole idea.

This willingness has stiffened under the leadership of Xi Jinping, who has reaffirmed in word and deed that the Chinese Communist Party “is the highest force for political leadership”.

Law of the sea

An example is China’s view of the United Nations Convention on the Law of the Sea in its dispute with the Philippines over island territory in the South China Sea.

In 2016 a UN tribunal unanimously found in favour of the Philippines. China refused to accept the verdict. It declared it “would continue to abide by international law and basic norms governing international relations”, but also added:

The Chinese government reiterates that, regarding territorial issues and maritime delimitation disputes, China does not accept any means of third party dispute settlement or any solution imposed on China.

It therefore continues to claim the South China Sea as an “inalienable” part of its territory. In direct defiance of the ruling, it has also built artificial islands within the Philippines’ exclusive economic zone, and built military bases on those islands.

Wider implications

China’s official narrative is that it doesn’t reject international law per se, but simply wants law that accommodates “Chinese characteristics”, including China’s preference for resolving disputes one on one.

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Read more:
Australians’ feelings sour towards China: Lowy poll

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Given that the point of establishing the United Nations and other multilateral institutions such as the World Trade Organisation was to replace “might makes right” with something like an international rule of law, this is likely to prove cold comfort for smaller nations.

As Xi told the 19th National Congress of the Chinese Communist Party in 2017:

• the overall goal of “comprehensively advancing law-based governance” is to “establish a system of socialist rule of law with Chinese characteristics and build a country of socialist rule of law”

• “major country diplomacy with Chinese characteristics aims to foster a new type of international relations and build a community with a shared future for mankind”

• the defining feature of “socialism with Chinese characteristics” is “the leadership of the Communist Party of China”.

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Read more:
Australia has too few home-grown experts on the Chinese Communist Party. That’s a problem

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Beijing’s view of the rule of law is thus very different to what most of the rest of the world understands. The potential consequences are not lost on the citizens of Hong Kong, and they should not be lost on China’s neighbours and trading partners.

John Garrick, University Fellow in Law, Charles Darwin University

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

Chinese religious freedom activist awarded Nobel Peace Prize

A Chinese human rights dissident and democracy advocate was awarded this year’s Nobel Peace Prize on Friday, reports Peter J. Smith, LifeSiteNews.com.

Liu Xiaobo is the architect of a pro-democracy and human rights manifesto called Charter 08, which called for basic freedoms such as freedom of religion, assembly, protection of private property, and the guarantee of rights outlined under the U.N.’s Declaration of Universal Human Rights.

Authorities arrested Liu two days before the Charter’s December 8, 2008 release and charged him with "inciting the subversion of state power." After declaring him guilty, a Chinese court sentenced Liu on Christmas Day 2009 to 11 years in prison.

The Nobel committee in particular cited Liu’s pacifism in challenging communist China’s human rights abuses and calling for democratic reforms.

Liu was nominated in part by eight U.S. lawmakers who praised his work and suffering for human rights in China.

On behalf of himself and seven other U.S. Congressman, Rep. Chris Smith (R-N.J.) recommended that the Nobel Peace Prize Committee recognize not only Liu, but jointly award the prize to two other human rights activists, Chen Guangcheng and Gao Zhisheng, who have been persecuted specifically for fighting China’s brutal policy of forced abortion and sterilizations under the “one-child” policy.

Chen is a blind self-taught lawyer, who took the burden upon himself to defend local Chinese peasant women from forced sterilization and their children from forced abortion by local government authorities.

Gao, a Beijing attorney committed to defending human rights in China, was one of Chen’s lawyers. On February 4, 2009, Gao went missing under suspicious circumstances.

Geng He, Gao’s wife, told the Associated Press that she has not spoken to her husband since April and fears for his safety.

The Chinese Foreign Ministry has blasted the Nobel committee’s selection of Liu, calling the award a “blasphemy” and Liu a “criminal.”

"The Nobel Peace Prize is meant to award individuals who promote international harmony and friendship, peace and disarmament. Liu Xiaobo is a criminal who has been sentenced by Chinese judicial departments for violating Chinese law,” the ministry said on its website. “Awarding the peace to Liu runs completely counter to the principle of the award and is also a blasphemy to the Peace Prize."

The AP reports that news of Liu’s Nobel award has been blacked out in China. It added that Liu Xia, his wife, is guarded in her Beijing apartment by police, who have forbidden her from meeting with reporters.

Liu’s wife, who is able to communicate by telephone and electronic media, told CNN that she intends to visit him in prison soon to inform him of the prize, and encourage him. She hopes to be able to visit Norway to collect the award on his behalf.

Last year’s Nobel Peace Prize recipient was President Barack Obama, who was nominated shortly after his presidential inauguration. Obama praised Liu for his sacrifice in a statement and called upon Chinese authorities to release him from prison.

“By granting the prize to Mr. Liu, the Nobel Committee has chosen someone who has been an eloquent and courageous spokesman for the advance of universal values through peaceful and non-violent means, including his support for democracy, human rights, and the rule of law,” said Obama.

Report from the Christian Telegraph

Judges Rule Church in Bekasi, Indonesia Can Worship

Court revokes decree prohibiting Christian activities of HKBP Filadelfia.

JAKARTA, Indonesia, September 15 (CDN) — A court in West Java Province has revoked a local decree that forbade Christian activities of a church in Bekasi and has ordered officials to allow the Christians to establish a place of worship.

After months of conflict and legal battles, the State Administrative Court in Bandung on Sept. 3 revoked the Dec. 31, 2009 decree prohibiting Christian activities of Batak Christian Protestant Filadelfia Church (Huria Kristen Batak Protestant, or HKBP Filadelfia) in Jejalan village, Bekasi. The church had argued that the decree, along with the closure of their worship building on Jan. 12, resulted from pressure by Islamist groups that did not represent the wishes of the area residents.  

The Rev. Palti Panjaitan of HKBP Filadelfia said he was happy that the church at last had found fair authorities who based their decisions on the rule of law, “unlike the regent of Bekasi, who often has been unjust in making a decision by tending to side with a small group of people.”

Since 2008 HKBP Filadelfia has sought permission for a place of worship from Bekasi Regent H. Sa’duddin, who declined to grant it under pressure from a small group of Islamists called the Forum Islamic Ummah Jejalen Raya Bekasi, according to church leaders. The group succeeded in pressuring the Bekasi district to seal the church’s temporary worship place on Jan. 12.

As a result, the church had been holding services on a strip of roadside land in front of the temporary site, using umbrellas to protect them from the intense heat of the sun and from sudden rainstorms.

The judges, identified only as Setiobudi, Irna, and Susilowati, ruled that the regent of Bekasi should issue a permit for the church to establish a place of worship.

“This point is important because if the regent of Bekasi does what the judge said, then we will build our church and no longer serve in the hot sun and the rains that sometimes come unexpectedly,” Pastor Panjaitan said.

He said the church will give notice to the area residents, government officials and security forces to accept the decision of the administrative court.

The regent was given 14 days to appeal, and a member of the church legal team, Parasian Hutasoit, said that the regent has no legal grounds to reject the judges’ decision.

“The decree of the regent of Bekasi is contrary to the constitution of 1945, which is the constitutional foundation of the Republic of Indonesia,” Hutasoit said. “The decree had violated Article 28 of the constitution, which guarantees freedom of religion. Also, it was contrary to Article 29, which guarantees freedom of worship and Law No. 39, 1999, concerning human rights.”

HKBP Filadelfia is now able to worship in the building that was sealed by the regent in January, he said.

Regent Sa’duddin had ruled that the church needed to find a new place to construct its prospective permanent church building because local residents had rejected it – even though the church had secured approval from local residents when it submitted its application for a permit in 2008.

The local government never acted on the application, and Islamist organizations organized protests to pressure government officials to deny approval. The church on March 30 filed suit against Sa’duddin for unilaterally closing their building under construction.

Hutasoit said church leaders would try to approach the regent to discuss the matter further.

“We need not hurry to do that, because all that happens is God’s plan,” he said.

If efforts prove unsuccessful, then the church leaders will proceed to enforce the judges’ ruling through legal means, he said.

Report from Compass Direct News

Sealed Church in Bogor, Indonesia Appeals to UN

In Bekasi, another church is shuttered – again.

JAKARTA, Indonesia, July 6 (CDN) — The Gereja Kristen Indonesia (GKI) Taman Yasmin Church in Bogor, West Java has filed a religious discrimination appeal with the United Nations Special Rapporteur on freedom of religion or belief, church leaders said.

Since April 11 the congregation has held services on the roadside in front of the sealed church in stifling heat. The church pastor, the Rev. Ujang Tanusaputra, told Compass that the congregation has held Sunday services six times in front of the building that the mayor of Bogor sealed.

“We are going to continue worshipping by the roadside as part of the struggle to remove the seal,” he told Compass.

Tanusaputra said that the church had received an official building permit from the Bogor City government.

“Yet, somehow, because of a group that objected to the presence of a church, our construction was stopped and later sealed,” he said.

He said that even though the church brought suit against the sealing in court – and won – the congregation is not permitted to worship in the building, which is 80 percent completed.

Tanusaputra said he hopes the Lord will intervene to show that Indonesia is a country where laws are followed and all faiths may freely worship.

One of the church elders, Thomas Wadu Dara, said that before the church was constructed, and after the congregation had won the court case, there was a meeting with the Bogor mayor. The mayor told them to go ahead with construction and to build relations with the community so that their presence would be understood and accepted.

The construction was going smoothly until a Muslim group began demonstrating and the government sealed the building to appease them.

“I am greatly disappointed and cannot accept this reasoning in a law-abiding country,” Wadu Dara said.

Wadu Dara said he hopes that the Bogor government will be firm and honor the decision of the court in Bandung, the provincial capital.

“I hope that the seal will be taken away and that we can finish construction,” he said.

Jayadi Damanik, a member of the church’s legal team, added that the sealing of the church is arbitrary and without legal basis.

“We have requested that the Bogor government be aware of the sealing and remove it,” he said, adding that he was astonished that Bogor city officials were not obeying the Bandung provincial court decision in favor of the GKI Yasmin church.

The government wants people to obey the law, yet the government itself is not respecting the rule of law, Damanik added.

“This is most ironical in a law-abiding country such as Indonesia,” he said.

On June 20 Compass visited the church’s Sunday worship, where about 200 people met in a service limited to one hour. Approximately 100 policemen were present with at least 10 vehicles and nearby water cannon.

“If the building were unsealed, we wouldn’t need such tight police security,” said Wadu Dara.

During the service, a 20-year-old woman fainted from the heat of the sun.

 

Defying the Law

A survey by the denomination showed that there was a need for the church in the Taman Yasmin area. The Taman Yasmin Housing development had land zoned for a church, but that land was used for a worship place of another faith.

The GKI Yasmin development team purchased a 1,720-square meter commercial lot from PT Inti Inovaco and contacted community members, leaders, and civic groups regarding the construction of a church building. On March 10, 2002, the church had collected 170 signatures of citizens agreeing to the presence of a church on West Bogor Ring Road, Curug Mekar village, Bogor City.

The church canvassed the area six times between 2003 and 2006, holding public information meetings attended by hundreds of people, including youth and local leaders. It secured and submitted the necessary recommendations, and on July 13, 2006, the mayor of Bogor issued a decree granting GKI Yasmin a building permit.

On Aug. 18, 2006, the church held a public meeting with the head and the secretary of the Indonesian (Muslim) Cleric Elders (Majelis Ulama Indonesia Bogor), the West Bogor district officer, Muslim leaders, village heads, the chief and deputy chief of the West Bogor police and leaders of community organizations. The next day, a representative of the Bogor government who read a message from the mayor laid the church cornerstone.

Yet less than two months later, on Oct. 11, the church received a letter from the Bogor City secretary ordering the church to stop construction and move to another location.

On Dec. 6, 2006, the church received a letter from PT Inti Inovaco stating that the Taman Yasmin Housing area was not zoned for non-Muslim community facilities. The Taman Yasmin Great Mosque was using the land zoned for community facilities (its foundation had been laid). The church therefore decided to stay where it was, and on Jan. 10, 2007 laid the foundation for its building.

On Feb. 10, 2007 a demonstration took place in front of the Bogor City Legislature demanding that the church building permit be revoked. Four days later, the Bogor government sent a letter to the church freezing the building permit.

The church immediately reacted. It sent letters to the mayor, other involved government bodies, Muslim clerics and Islamic community organizations and filed a complaint with the national human rights commission.

The church argued that according to Article 6, paragraph 1 of Joint Ministerial Decree No. 8 and No. 9 (2006), there is no legal “freezing” of a permit. This decree says that a permit can be cancelled only through court proceedings. GKI Yasmin went to court.

On Sept. 4, 2008, the court in Bandung nullified the Bogor government letter “freezing” the building permit. Bogor City appealed the decision and lost. The Bandung court issued a letter on March 30, 2009 stating that Bogor City had exhausted all appeals.

With the legal issues cleared, the church resumed construction. On Jan. 8, 2010, however, the church received a threatening letter. A short time later, a band of people damaged a fence around the property.

On Feb. 25, Bogor Mayor Diani Budiarto retracted his recommendation for the project, citing community pressure and protests since the building permit had been issued in 2006. The church received a letter on March 8 from the Bogor government ordering that construction stop.

On March 11 the Bogor government hung a sign saying “sealed” on the fence without following legal procedures, so the church continued construction. Church leaders wrote a letter to police and a local military commander in April notifying them that worship services would start on April 11. On the day before this initial service, members of the church people were setting up chairs when police – in defiance of previous court decisions – arrived at 5 p.m., cut the lock on the gate, and replaced it with their own lock. They also placed a sign on the gate that read, “Sealed.”

Since April 11 the congregation has been holding services in front of the fence by the roadside.

 

SIDEBAR

In Bekasi, Dialogue Fails and Another Church is Closed

JAKARTA, Indonesia, July 6 (Compass Direct News) – After failed dialog between Indonesian officials and representatives of the Huria Kristen Batak Protestan (HKBP) Podok Timur Indah Church in Bekasi City, West Java, government officials sealed the house where the church was meeting.

The church pastor, the Rev. Luspida Simanjuntak, said the church that was meeting in Mustika Jaya district had attempted talks with the government, but pressure from Islamic organizations, including the Islamic Defenders’ Front, was so strong that the government could not stand up to it.

On June 20, Bekasi City officials sealed the building. Bekasi City Area Deputy Zaki Hoetomo admitted that the action was taken because of pressure from Islamic organizations upset by expanding Christian influence. Officials sealed it by placing a sign in front of the structure stating that it violated zoning, permit and construction regulations.

The church has been meeting in the house as the local government has delayed the processing of its application for a building permit.

Hoetomo said officials had contacted church leaders three times about the use of the house, but that there had been no response.

Members of the congregation wept as the building was sealed. Representatives of Islamic organizations, including the Anti-apostasy Forum of Bekasi, also witnessed the sealing.

Simanjuntak said the closure was unjust.

“How is it possible to forbid people to worship?” Simanjuntak told Compass, adding that the government was favoring the majority and neglecting others.

The pastor said the congregation will be firm and continue its regular worship at the place.

“We are going to stay at this house and worship according to our faith, even if we have to do it in the street,” Simanjuntak said.

The church of 1,500 members has thrived in the Mustika Jaya district for four years, its building permit application bogged down in bureaucracy.

Report from Compass Direct News

Court Reverses Revocation of Indonesian Church’s Building Permit

Outside Islamists had intimidated local officials into withdrawing approval.

JAKARTA, Indonesia, March 8 (CDN) — A court in West Java has reversed the revocation of a Catholic church’s building permit.

The Purwakarta regency government had revoked the building permit for Santa Maria Catholic Church when Islamists threatened local residents and officials into opposing the project, church leaders said.

The church sued the Purwakarta regency for revoking the approved building permit in Cinangka village last October, and in a little-publicized court ruling on Feb. 25, a judge in a state court in Bandung, West Java decided in favor of the church.

“The error arose when external forces pressured the Purwakarta government so much that it revoked the building permit,” the head of the church legal team, Dr. Liona Nanang, told Compass. “Government sources have admitted that this was done because of outside pressure.”

The church official said objections to the church under construction did not come from residents of Cinangka village, where the church is located.

“We called the village headman and the block captains to testify,” Nanang said. “According to them, the objections are not from Cinangka villagers, but from citizens of Cikampek, which is not even in our district [county].”

The Purwakarta government is planning to appeal the case, but Nanang said church lawyers are optimistic that construction likely would resume once the High Court in Jakarta rules.

On Oct. 16 the regent of Purwakarta regency, Dedi Mulyadi, revoked the construction permit after Islamists threatened some of the local residents whose approval is required by Indonesian law. Church leaders said members of the Islamic Defenders Front (Front Pembela Islam, or FPI) “continually terrorized” both the regent and residents who had previously given their approval.

A Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires the permission of more than 60 neighbors and a permit from local authorities to establish a place of worship. The more than 60 local citizens giving their approval must provide photocopies of their identity cards.

Nanang said that the judge agreed with the plaintiff that there had not been any irregularities in the process of obtaining a building permit. The judge found that the Purwakarta government had violated basic principles of good government including justice and the rule of law.

“A building permit can be legally cancelled if there is no construction activity within six months of the date of publication of the permit,” Liona told Compass. “However, Santa Maria Church began to build immediately.”

The court also ruled that the Purwakarta government had no legal reason to revoke the building permit. The Joint Ministerial Decree Number requires not only a minimum of 60 signatures of those not using the building but a minimum of 90 signatures of those who will use it, and the church had obtained the signatures of 93 non-users and 170 church members who would use the building.

The Rev. Augustinus Made of Santa Maria Catholic Church concurred that revocation of the building permit came about from extremely heavy pressure from the FPI and other radical Muslim groups.

“We rejoice in the verdict,” he said. “We had fulfilled all of the regulations. We built on land that had been zoned for a house of worship – land that we purchased.”

At the time the building permit was revoked, land had been prepared, the area fenced and the foundation laid.

The church had planned its building on a 5,000-square meter lot in a sparsely populated industrial area on land zoned for houses of worship. The congregation of over 1,000 has been worshipping in a steel factory warehouse some distance from the building site since its inception in 2002.

The lot developer had supplied facilities for all faiths; Muslims have two large mosques and an Islamic chapel at each factory. The government plan for the Bukit Indah Industrial Park included facilities for general and social purposes, including places of worship.

Report from Compass Direct News 

Turkey: Religious freedom survey, November 2009

Ahead of the UN Human Rights Council May 2010 Universal Periodic Review of Turkey, Forum 18 News Service has found that the country continues to see serious violations of international human rights standards on freedom of religion or belief.

A long-standing crucially important issue, with many implications, is that Turkey has not legally recognised religious communities in their own right as independent communities with full legal status – such as the right to own places of worship and the legal protection religious communities normally have in states under the rule of law.

Additionally, the most dangerous threat to individuals exercising freedom of religion or belief has been a series of violent attacks and murders on those perceived as threats; in recent years the victims have been Christians.

Turkish citizens have argued to Forum 18 that the protection of the right of all to freedom of religion or belief, as laid down in the international human rights standards which Turkey is party to, should be the standard used by the authorities in all affected fields. They also argue that the authorities act against the intolerance fuelling violent attacks and murders.

Report from the Christian Telegraph 

Turkish Police Official Axed amid Allegations in Murders

Head of intelligence allegedly hid evidence, failed to prevent slaying of Christians.

MALATYA, Turkey, October 22 (CDN) — The head of Turkey’s police intelligence department was removed on Friday (Oct. 16) amid allegations that he failed to prevent the murder of the Christian editor of an Armenian weekly and the slayings of three Christians in this city in southeastern Turkey.

Ramazan Akyurek is also accused of withholding evidence in those cases and improperly investigating the murder of a Catholic priest in 2006.

After a Malatya trial hearing on Friday, prosecution lawyers in the case commended the removal of Akyurek for negligence but said it came too late. Akyurek has been placed in a different position within police headquarters in Ankara.

Prior to the January 2007 murder of Hrant Dink, editor of the Armenian weekly Agos, Akyurek allegedly received a report about the orchestrated plan to kill him. That clearly implied that Akyurek was one of the masterminds behind the murder, according to Erdal Dogan, one of the prosecuting attorneys in the Malatya case.

While heading the investigation of the Dink murder, Aykurek reportedly not only witheld intelligence but also tried to affect the outcome of the trial, claiming in his investigation report that a group of “friends” planned to kill Dink because he offended Turkey.

“This is a disaster,” Dogan said. “The same happened with the Malatya massacre. “We know he had information on all the developments of the massacre, but he didn’t act on it. He tried to cover it up. We know that they were following the movements of the killers.”

Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were bound hand and foot, tortured and then slain with knives at the Zirve Publishing Co. in April 2007. Dogan said that had Zirve staff members not suspected that something was wrong and called police, the five young men who were caught at the scene of the crime most likely would not have been apprehended.

“It’s difficult to know to what extent this character affected the investigations during that time,” Dogan said. “This is why the fact that they took him from his position was important, but they removed him late; they removed him very late.”

Akyurek was head of police in the city of Trabzon in 2006 when Catholic priest Andrea Santoro was killed. It was under his auspices that a young man was arrested and imprisoned for the murders without investigation into who was behind the murder, according to Dogan.

In the same year, Akyurek was promoted to head Turkey’s police intelligence unit.

“Even though Aykurek was incompetent as a police head and covered up crimes, he became the head of intelligence with access to all of Turkey’s intelligence,” Dogan said.

More Evidence Sees Light

Akyurek was fired about a week after Turkish press received leaked documents showing payments the Malatya gendarmerie made in exchange for intelligence on missionary activities between March 2007 and November 2008. The amounts totaled nearly 10,000 Turkish lira (US$6,840).

At Friday’s hearing the Malatya court heard the testimony of Murat Gokturk, a former petty officer in the Malatya intelligence department at the time of the murders. Gokturk had made contact with Huseyin Yelki, a Christian volunteer at Zirve who is one of the suspects in the murders because of his heavy involvement with gendarmerie in the months leading up to and directly after the slayings.

Gokturk testified that he contacted Yelki and requested a New Testament in Arabic so he could learn the language better, as he has an Arabic heritage. He claimed that when he contacted Yelki from his gendarmerie office, he and the intelligence department were not following missionary activities.

“Missionary activities are legal,” said Gokturk. “This is a religious and conscience right. It’s not a crime.”

Prosecuting lawyers asked that the judges record Gokturk’s statement that missionary activities are legal. They later explained that since all other evidence shows that officials did spy on missionaries in Malatya, such a statement showed they were aware that they were doing so in violation of their legal jurisdiction.

“We questioned the witness [Gokturk], but he tried to hide the truth either by saying, ‘I don’t remember,’ or by lying,” said Dogan. “But evidence shows that he and Huseyin Yelki had a very close relationship and information exchange, and it’s obvious that this was not a simple information exchange. They met many, many times.”

The European Union Commission report on Turkey’s progress in 2009 was also published last week. Under the section on democracy and the rule of law, the report noted that high-profile cases such as the Malatya and Dink trials, which are connected to the alleged criminal network Ergenekon, raised concerns about the quality of investigations. The report noted a need “to improve the working relationship between the police and the gendarmerie on the one hand and the judiciary on the other.”

Concerning freedom of religion, the report noted that missionaries are widely perceived as a threat to the integrity of Turkey and Islam. It also pointed out that the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code – which criminalizes “insulting Turkishness” – in the case of Turkish Christians Hakan Tastan and Turan Topal for sharing their faith with others.

This last case has also been linked to the Ergenekon cabal believed to have masterminded the Santoro, Dink and Malatya murders. It has continued for three years with no resolution.

“It’s finally clear that there is a connection between Santoro, Dink and Malatya and everyone is talking that way,” said Dogan, noting how the prosecuting lawyers in the cases as well as the media perceive the link. “It is now obvious that these three crimes came from the same center.”

The Malatya court is still waiting for an answer from the Ergenekon judges about whether the murder of the three Christians will be joined into the the latter case, under which more than 100 former military, political figures, journalists and others have been arrested.

Dogan, however, said that whether the Malatya case is connected with the Ergenekon case is now secondary, and that it is probably better for the Malatya trial to stay separate to determine what really happened.

“It’s enough for me that this picture is clear,” said Dogan of the link between the cases and Ergenekon. “There is no doubt for me. If they connect them or not it doesn’t matter. Because when the court case goes there, Ergenekon is so complicated that the Malatya case could get lost in it.”

The next hearing of the Malatya trial is set for Nov. 13.

Report from Compass Direct News 

INDIA: OFFICIALS ON DEFENSIVE AT ‘WATCH LIST’ DESIGNATION

U.S. religious rights panel cites culture of impunity at authorities allowing atrocities.

NEW DELHI, August 18 (Compass Direct News) – Ahead of one-year remembrances of massive anti-Christian violence in the eastern state of Orissa, the U.S. Commission on International Religious Freedom (USCIRF) has put India on its “Watch List” for the country’s violations of religious freedom, evoking strong reactions from the Indian government.

USCIRF Chairman Leonard Leo said in a statement on Wednesday (Aug. 12) that it was “extremely disappointing” that India “has done so little to protect and bring justice to its religious minorities under siege.”

The U.S. panel’s decision was “regrettable,” a spokesperson for India’s Ministry of External Affairs, Vishnu Prakash, said in a statement on Thursday (Aug. 13), after the USCIRF put India on the list due to a “disturbing increase” in violence on minorities and a growing culture of impunity in the country.

Violence erupted in Kandhamal district of the eastern state of Orissa in August-September 2008, killing more than 100 people and burning 4,640 houses, 252 churches and 13 educational institutions, according to rights groups such as the All India Christian Council (AICC), the Global Council of India Christians (GCIC) and the Christian Legal Association (CLA).

“India’s democratic institutions charged with upholding the rule of law, most notably state and central judiciaries and police, have emerged as unwilling or unable to seek redress for victims of the violence,” Leo said. “More must be done to ensure future violence does not occur and that perpetrators are held accountable.”

Disagreeing with the USCIRF report, the foreign ministry’s Prakash said India is a multi-ethnic and multi-religious society. “The Constitution of India guarantees freedom of religion and equality of opportunity to all its citizens, who live and work together in peace and harmony,” he said.

Christians were shocked by the foreign ministry spokesman’s claim that “aberrations, if any, are dealt with promptly within our legal framework, under the watchful eye of an independent judiciary and a vigilant media.”

Attorney Robin Ratnakar David, president of the CLA, told Compass that one year after the violence only six people have been convicted in just two cases of rioting, while several suspects have been acquitted in four such cases despite the formation of fast-track courts.

Dr. John Dayal, secretary general of the AICC, pointed out that the more than 50,000 people who fled to forests or took shelter in refugee camps have not returned home out of fear of Hindu nationalist extremists who demand they either convert to Hinduism or leave their villages.

He said there also had been several “pogroms against Muslims, often sponsored or condoned by the state.”

In 2002, India’s worst-ever anti-Muslim violence occurred in the western state of Gujarat. A compartment of a train, the Sabarmati Express, caught fire – or was set on fire (as claimed by Hindu extremists) – near the Godhra city railway station on Feb. 27. In the fire, 58 Hindu passengers, mainly supporters of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP), were killed. The VHP and the Bharatiya Janata Party (BJP) claimed it was an attack by Islamic terrorists; the ensuing violence killed more than 2,000 people, mostly Muslims.

Following the anti-Muslim violence, the USCIRF recommended that India be designated a “Country of Particular Concern” (CPC), its list of the world’s worst violators of religious freedom. India was removed from the CPC list in 2005.

Designation on the Watch List means a country requires “close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by the government,” according to USCIRF. The other countries on USCIRF’s Watch List are Afghanistan, Belarus, Cuba, Egypt, Indonesia, Laos, the Russian Federation, Somalia, Tajikistan, Turkey, and Venezuela.

CLA attorney David said the August-September 2008 violence in Kandhamal could have been prevented had the administration brought to justice those responsible for previous mayhem in December 2007. The December 2007 violence in Kandhamal killed at least four Christians, burned as many as 730 houses and 95 churches and rendered thousands homeless.

The attacks were launched under the pretext of avenging an alleged attack on a VHP leader, Swami Laxmanananda Saraswati. It was the assassination of Saraswati by Maoists (extreme Marxists) on Aug. 23, 2008 that sparked the second spate of violence in Kandhamal, as Hindu nationalists blamed non-Marxist, local Christians for it.

Dayal said the USCIRF’s latest conclusions could have been avoided if more action had been taken against the perpetrators of last year’s violence.

“The USCRIF action would not have been possible, and India would have been able to rebuff the U.S. scrutiny more effectively, if several thousand Christians were still not in refugee camps, if the killers were still not roaming scot-free and if witnesses, including widows, were not being coerced,” he said.

‘Indifferent’

Shashi Tharoor, India’s Minister of State for External Affairs, told a private news channel that India did not need approbation from outside its borders.

“As far as we are concerned, we are essentially indifferent to how others view the situation,” he said. “In democracy, what matters to us is how we deal with our own internal issues. I don’t think we need any certificates from outside.”

He dismissed the report as meddling in internal affairs even though between June 2002 and February 2007 Tharoor served as under-secretary general for communications and public information for the United Nations, a body representative of international accountability in human rights.

In its annual report, India’s home (interior) ministry had acknowledged that the incidence of communal violence was high. It noted that in 2008, as many as 943 communal incidents (mainly against Muslims and Christians) took place in which 167 persons were killed and 2,354 persons were injured. The figures were up from those of 2007, when there were 761 incidents in which 99 persons were killed and 2,227 persons were injured.

Justifying its decision, the USCIRF report stated that several incidents of communal violence have occurred in various parts of the country resulting in many deaths and mass displacements, particularly of members of the Christian and Muslim minorities, “including major incidents against Christian communities within the 2008-2009 reporting period.”

“Because the government’s response at the state and local levels has been found to be largely inadequate and the national government has failed to take effective measures to ensure the rights of religious minorities in several states, the Commission decided to place India on its Watch List.”

The USCIRF had released its 2009 annual report on religious freedom across the globe on May 1 but put the India report on hold, planning to prepare it after a visit to the country in June. A USCIRF team planned to visit India to speak to the government and others concerning the situation in Kandhamal and Gujarat on June 12, but the Indian embassy in Washington, D.C. did not provide visas in time.

“USCIRF’s India chapter was released this week to mark the one-year anniversary of the start of the anti-Christian violence in Orissa,” Leo pointed out in last week’s statement.

‘Teflon-Coated State’

The AICC’s Dayal seemed pessimistic about a change in the government’s attitude.

“Unfortunately, nothing really impacts the government of India or the government of Indian states,” he said. “The state, and our social conscience, seems Teflon-coated. The patriotic media and political sector dismiss international scrutiny as interference in the internal affairs of India, and a beaten-into-submission section of the leadership of religious minorities assumes silence to be the best form of security and safety.”

Dr. Sajan George, the national convenor of the GCIC, said the report showed that India had become a “super violator” of human rights. The Rev. Dr. Babu Joseph, spokesman for the Catholic Bishops’ Conference of India, said the U.S. panel’s report did not augur well with India’s claim to find a respectable place within the community of nations.

“India as an emerging economic power in the world should also endeavor to better its records of protecting human rights, particularly when it comes to religious freedom of its citizens,” Joseph said.

Joseph told Compass the USCIRF report was “a clear indication of the growing concern of the international community with India’s repeated failure to take decisive and corrective measures to contain religious intolerance.”

Christian leaders generally lauded the report, with Dayal saying, “India’s record on the persecution of minorities and the violation of religious freedom has been a matter of international shame for the nation.”

Report from Compass Direct News 

CHINA: CHRISTIANS WARY AS RECESSION, UNREST HIT

Beleaguered government officials could view church as threat – or a force for stability.

BEIJING, February 25 (Compass Direct News) – With China’s central government last December issuing a number of secret documents calling on provincial officials to strive to prevent massive unrest in a rapidly collapsing economy, observers are watching for signs of whether authorities will view Christian groups as a threat or a stabilizing influence.

While the Sichuan earthquake last May proved that Christians were willing and able to assist in times of national crisis, raids on house church groups have continued in recent weeks.

The secret reports have come in quick succession. A central government body, the Committee for Social Stability (CSS), issued an internal report on Jan. 2 listing a total of 127,467 serious protests or other incidents across China in 2008, many involving attacks on government buildings or clashes with police and militia.

“Recently every kind of contradiction in society has reached the level of white heat,” the CSS warned in an earlier document issued on Dec. 16.

The document said some officials had “ignored the welfare of the masses … piling up pressure until the situation exploded,” and concluded that, “The relevant Party and State organs must … give daily priority to the task of getting rid of all the maladies which produce social instability and the present crisis.”

On Dec. 10, the Central Committee of the Chinese Communist Party and the National People’s Congress issued an internal document calling on senior provincial officials to make every effort to alleviate social and political problems exacerbated by the current recession.

On Dec. 12, the Ministry of Public Security authorized provincial officials to tighten control of all communications in the sensitive period prior to Chinese New Year, which this year fell on Jan. 25. Fearing turmoil as millions of newly-unemployed factory workers headed home for New Year celebrations, the government cancelled all leave for Public Security Bureau (PSB) officers, placed them on high alert and mobilized an additional 150,000 police and armed militia for the holiday period.

On Dec. 15, the public security ministry issued a further document calling for tightened security at government ministries, military bases, armament stores, state borders, airports and railway stations.

In its Dec. 16 report, the CSS warned that provincial authorities must try to resolve grievances by non-violent means before protestors begin attacking factories and government offices or stealing, looting and burning property.

The scale of demonstrations and riots has already reached frightening proportions. In the Jan. 2 internal assessment leaked in Hong Kong, the CSS said the 127,467 serious incidents across China last year involved participation of around 1 percent of the population. Of these cases, 476 consisted of attacks on government and Party buildings, while 615 involved violent clashes with police and militia, leaving 1,120 police and Party officials and 724 civilians killed or injured.

 

Church as Subversive

Concerned by the growth of unregistered house church groups in an uncertain political and social climate, the Chinese government has ramped up efforts both to identify Christians and to portray Christianity as a subversive foreign force.

Local governments in China last year reported on continued measures to prevent “illegal” religious gatherings and curb other criminalized religious activities, according to reports from the U.S. Congressional Executive Commission on China (CECC) on Dec. 20 and Feb. 2. (See “Tortured Christian Lawyer Arrested as Officials Deny Abuses,” Feb. 11.)

In recent months authorities have quietly gathered data on church growth using surveys at universities and workplaces, and called meetings at various institutions in the capital to discuss the supposed dangers of foreign religious influence. (See “Officials Grapple with Spread of Christianity,” Feb. 4.)

Raids on unregistered church groups have continued in recent weeks, with police perhaps prompted to ensure tighter controls on church activity. On Feb. 11, police arrested two South Korean pastors and more than 60 Chinese house church leaders from four provinces who had gathered for a seminar in Wolong district, Nanyang city, the China Aid Association (CAA) reported. The police also confiscated personal money, cell phones and books, and forced each person to register and pay a fine before releasing some of the elderly leaders.

Authorities held six of the detained leaders for several days but by Sunday (Feb. 22) had released all of them, Compass sources confirmed.

In Shanghai, police and members of the State Administration of Religious Affairs on Feb. 10 ordered Pastor Cui Quan to cancel an annual meeting for house church leaders, and then ordered the owner of the hall used by Cui’s 1,200-member congregation to cease renting it to Cui within 30 days, according to CAA.

Senior staff at Beijing’s Dianli Hospital on Feb. 6 ordered elderly house church pastor Hua Zaichen to leave the premises despite being severely ill, CAA reported. Government officials had refused to allow Hua’s wife, Shuang Shuying, an early release from prison to visit her dying husband unless she agreed to inform on other Christians, according to Hua’s son. After refusing their offer, Shuang was finally able to visit Hua on her release date, Feb. 8; Hua died the following day.

Both Shuang and her husband have suffered years of persecution for their involvement in the house church movement.

On Feb. 4, police seized Christian lawyer and human rights defender Gao Zhisheng from his home in Shaanxi province, CAA reported. At press time his whereabouts were unknown.

While other incidents have gone unreported, house church leaders in northern China told Compass in January that despite tighter restrictions in the current economic and political climate, they were optimistic about the ability of the church to survive and flourish.

 

SIDEBAR

Disenchantment, Dissent Spread Across China

In December, China celebrated the 30th anniversary of Deng Xiaoping’s “open door” economic reform policy, which had led to a high annual growth rate of some 10 percent. While Party leaders publicly congratulated themselves, an internal party document warned that 75 percent of the financial benefits had gone to only 10 percent of the population, mainly high and middle-ranking Party members and some entrepreneurs.

With the growth rate now seriously dented, relations between Party members and the general public were “about to explode,” the document warned.

The document also referred to an “ideological vacuum in Party and state,” a “moral vacuum in upholding regulations,” and a “vacuum in spiritual civilization,” in stark contrast to the moral and spiritual values held by religious groups.

According to the Research Institute of the State Council, urban unemployment among young people had already risen to 10.5 percent by last June. If foreign investors continued to withdraw funds, the institute warned, this figure could rise to 16 percent or higher, sparking more outrage against the government.

Tens of thousands of factories closed down in the first six months of 2008, well before the full impact of the global recession hit China. By November, 10 million migrant workers were unemployed; most recent estimates put the figure at 20 million, and officials admit this figure will reach at least 35 million by the end of 2009.

Vice-Premier Hui Liangyu, responsible for agricultural affairs, warned in a recent report that 30 percent of all villagers have set up peasant organizations to challenge local government officials and crime bosses. Some groups also have plans to launch armed insurgencies and their own peasant governments.

Several million university graduates will also face unemployment this year, potentially lending their voices and leadership skills to mass protest movements.

An increasing number of intellectuals have already signed Charter 08, a petition issued in December calling for multi-party elections, human rights, press freedom and the rule of law.

On Jan. 7, a prominent Chinese lawyer, Yan Yiming, filed an application with the Finance Ministry demanding that it open its 2008 and 2009 budget books to the public. On Jan. 13, more than 20 Chinese intellectuals signed an open letter calling for a boycott of state television news programs because of “systematic bias and brainwashing,” while a Beijing newspaper ran an article arguing that freedom of speech was written into the constitution, The Washington Post reported in late January.

In response, Public Security Minister Meng Jianzhu warned China’s leaders via state media that, “The present situation of maintaining national security and social stability is grave.”

Many analysts agree that the Chinese Communist Party may be facing its greatest challenge to date.

Report from Compass Direct News