Transmitting COVID-19 to another person could send you to prison for life. Here’s why this is worrisome

James Ross/AAP

Felicity Gerry, Deakin University and Lorana Bartels, Australian National University

Last week, Health Minister Greg Hunt issued a stark warning that the deliberate transmission of COVID-19 could be punishable by a lifetime prison sentence.

Hunt said he sought legal advice from the attorney-general’s department, which said such an action was an offence under the general criminal laws in every state and territory.

The most serious of these offences may carry maximum penalties up to imprisonment for life, if somebody was to take a step which led to the death of a healthcare worker. If it were a deliberate transmission.

He also said it was against the law to

cause someone else to fear that they are having transmitted to them the virus, for example by coughing on them.

Hunt was responding to reports of people abusing healthcare staff and police by coughing and spitting on them.

NSW has also now introduced a A$5,000 on-the-spot fine for spitting or coughing on frontline workers, while intentionally spitting or coughing on police officers could result in six months in jail.

We understand these are extreme times, but governments should not rush to announcements that transmitting COVID-19 could be subject to criminal prosecution, especially with the risk of a life sentence.

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Read more:
Pandemic policing needs to be done with the public’s trust, not confusion

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What are the issues with a law like this?

In general, the passage and enforcement of all laws must be tested for “necessity”. This implies two things: the measure corresponds to a pressing social need and is proportionate to the legitimate aim being pursued.

There is also a distinction between public health and public order laws. The current emergency laws provide exceptional powers to require certain behaviours to protect public health, not to combat public disorder, which is dealt with under general criminal laws.

The danger of adding to general criminal laws in a crisis is the potential over-criminalisation of the general public.

There have been some reports of public disorder during the current pandemic, but as yet, there is no evidence of widespread deliberate and intentional transmission of COVID-19.

The application of the law in cases like this is also uncertain and unclear. For example, what do Hunt’s words, “take a step” and “deliberate”, mean in this context? How would it be proved that coughing on someone led to the death of a healthcare worker?

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Read more:
Coronavirus: extra police powers risk undermining public trust

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First, it would be difficult to identify a specific individual as the source of a possible infection, particularly since the virus can remain on surfaces for several days. 

Then there is the question of intent. As a matter of law, it is not merely proof of deliberate (rather than accidental) conduct that creates criminal liability, but also someone’s state of mind at the time of the action and whether it is in the public interest to prosecute.

This is a much more complex issue in public health cases.

In 2013, a circus acrobat, Godfrey Zaburoni, was jailed for deliberately infecting his girlfriend with HIV through unprotected sex. But his conviction was quashed by the High Court, which stated

a person’s awareness of the risk that his or her conduct may result in harm does not … support the inference that the person intended to produce the harm.

There is a very fine distinction between deliberately infecting someone with a disease – particularly where the chance of infection is low (as it is with HIV) – and taking a risk that could infect someone.

Moreover, assaulting or spitting at public health workers is already a crime under existing laws, and doing so during a health emergency can be taken into account on sentence. So, Hunt’s announcement has no practical effect beyond mere rhetoric.

The threat of prosecuting people for deliberately transmitting the virus may also add to people’s fears during an uncertain time. For instance, people could be worried about the legal implications of coughing near a healthcare worker and delay getting medical help as a result.

In addition, large on-the-spot fines could also disproportionately affect certain segments of society, such as the poor or homeless.

The need to decriminalise transmission of viruses

Advocates in other countries are seeking to decriminalise the transmission, exposure or non-disclosure of viruses like HIV, arguing such laws can be unfairly or unevenly applied.

In the United Kingdom, a hairdresser, Daryll Rowe, was sentenced to life in prison two years ago for intending to infect or attempting to infect 10 men with HIV.

In the trial, the prosecution relied on the number of his sexual partners, his deception about his HIV status, the finding of tampered condoms and the vile text messages he sent after sexual encounters to prove its case that he intentionally infected the other men.

But there was also evidence that he was otherwise trying to control his infectiousness through alternative remedies and, notably, that he had limited contact with sexual partners rather than relationships, meaning there was less regular contact and less chance of transmission.

As a result, he was convicted of intentional infection, even though there was evidence he was otherwise trying to avoid this.

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Read more:
Daryll Rowe guilty – but is criminal law the right way to stop the spread of HIV?

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The criminal law in both the UK and Australia does not provide a defence where others voluntarily assume risk. This could put all promiscuous people at risk of conviction in cases like this, even though such actions themselves are not crimes.

The same theory could apply to COVID-19. Anyone who does not maintain appropriate social distancing could be at risk of conviction under these laws and subject to an overly harsh punishment.

We need a public health, not criminal law, approach

Public health emergencies may bring criminal sanctions for non-compliance of restrictions like social distancing and quarantining – but even here, some have expressed concern about the scope and enforcement of the new laws.

Already, the pandemic is placing significant strain on police, courts and prisons. 

Governments should allocate adequate resources to protect healthcare workers, rather than promoting the application of extreme laws that will be difficult to prove and waste resources attempting to do so when the current emergency laws are more than sufficient.

Felicity Gerry, Professor and Queen’s Counsel, Deakin University and Lorana Bartels, Professor and Program Leader of Criminology, Australian National University

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

Maldives: Girl Sentenced to Flogging for Fornication

The link below is to an article reporting on the sentence given to a 15-year-old girl for fornication. 

For more visit:
http://www.guardian.co.uk/world/2013/mar/01/maldives-girl-100-lashes-fornication

Latest Persecution News – 29 April 2012

Christian’s Six-Year Sentence Upheld in Egypt

The following article reports on the latest news of persecution in Egypt, with the prison sentence being served by Makarem Diab being upheld. He was charged and jailed for alleged blasphemy. A further appeal has been scheduled following violence during the latest appeal hearing.

http://www.compassdirect.org/english/country/egypt/article_1520392.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Pakistani Christian Sentenced for ‘Blasphemy’ Dies in Prison

Murder suspected in case of Christian imprisoned for life.

LAHORE, Pakistan, March 15 (CDN) — A Christian serving a life sentence in Karachi Central Jail on accusations that he had sent text messages blaspheming the prophet of Islam died today amid suspicions that he was murdered.

Qamar David’s life had been threatened since he and a Muslim, Munawar Ahmad, were accused of sending derogatory text messages about Muhammad in June 2006, said David’s former lawyer, Pervaiz Chaudhry (See “Pakistan’s ‘Blasphemy’ Laws Claim Three More Christians,” March 10, 2010).

David was convicted under Section 295-C under Pakistan’s widely condemned blasphemy laws for derogatory remarks against Muhammad in a case registered at Karachi’s Azizabad Police Station, with another case registered at Saddar Police Station pending. Maximum punishment for Section 295-C is death, though life imprisonment is also possible. On Feb. 25, 2010 he received a sentence of life in prison, which in Pakistan is 25 years, and was fined 100,000 rupees (US$1,170).

Chaudhry, who said he was David’s counsel until Islamic threats against his life forced him to stop in July 2010, told Compass that the Christian had expressed fears for his life several times during the trial.

“David did not die of a heart attack as the jail officials are claiming,” Chaudhry said. “He was being threatened ever since the trial began, and he had also submitted a written application with the jail authorities for provision of security, but no step was taken in this regard.”

Conflicting versions of his death by jail officials also raised doubts.

A jail warden said David was reported crying for help from his cell today in the early hours of the morning. He said that David, who was breathing at the time, was transported to the Civil Hospital Karachi (CHK), but that doctors there pronounced him dead on arrival.

He also said, however, that he had heard from colleagues that David was found dead inside his cell and that his body had been sent to the hospital for post-mortem, not for treatment. Investigations are underway, he added.

Karachi Central Prison Deputy Superintendent Raja Mumtaz said David was shifted to CHK for treatment after jail staff members found him crying for help with “one hand on the left side of his chest.” He said the prisoner was first taken to a local healthcare center, but that doctors there suggested that he should be taken to a hospital for proper treatment.

Mumtaz said that David was shifted to the hospital at around 10:45 a.m. today and was alive when he reached the hospital.

Sindh Inspector General of Prisons Ghulam Qadir Thebo insisted to BBC that David died of natural causes, saying he was housed in a Christian-only wing in which no Muslim prisoners had access to him.

“Our investigations have not yielded any evidence of foul play,” Thebo told BBC. “There is no evidence to suggest he was murdered.”

David’s family reached Karachi today to take custody of the body. An impartial probe and autopsy report is awaited, as no jail officials were ready to say on record whether they had seen any visible injury on David’s body.

David’s son, Aqeel David, told Compass that the family had been informed only that his father had suffered a heart attack and died while he was being taken to the hospital.

“We don’t know anything besides this little piece of information that was given to us on the telephone,” he said. “We are unsure about the circumstances surrounding my father’s death because of the serious nature of the cases against him.”

David’s former attorney said that the trial in which David was convicted and sentenced was a sham.

“The judge acquitted Ahmad in this case, even though all 11 witnesses clearly pointed out his direct involvement in the incident,” Chaudhry said.

In regard to the other blasphemy case registered at the Saddar Police Station, Chaudhry said he had cross-examined witnesses who had again accused Ahmad of mischief and absolved David of any wrongdoing.

“Ahmad’s lawyer had filed an application for re-examining the witnesses when I withdrew from the case,” Chaudhry added. “I stopped pursuing his cases last year because of serious threats to my life by Islamist groups who used to gather outside the courtroom.”

Chaudhry said threats were made “both inside and outside the courtroom.”

During the cross-examining of witnesses, he said, Senior Superintendent of Police Muhammad Afzal had also admitted that Ahmad was the real culprit and that David was arrested on the information of “some sources.” Chaudhry said there was no relation whatsoever between Ahmad and his client before the trial started.

“They were complete strangers,” Chaudhry said. “David was definitely framed in these cases.”

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

Revelations of Torture Spur Wife of Chinese Lawyer to Action

Christian human rights advocate Gao Zhisheng reveals further abuse.

DUBLIN, January 19 (CDN) — Geng He, wife of missing Christian lawyer Gao Zhisheng, is demanding answers from the Chinese government following new revelations of torture of her husband.

“This is the first time that I heard about the details,” Geng, now living in the United States, told Radio Free Asia last week. “My husband did not tell me – would not tell me – how he was tortured.”

After consulting with Geng, The Associated Press (AP) on Jan. 10 published an interview with Gao, an outspoken human rights campaigner, during his brief release from captivity last April, in which he revealed details of the torture he had suffered during the previous 14 months.

Speaking with the AP in a Beijing teahouse on April 7, closely watched by police, Gao described many forms of torture, including a period of 48 hours when he was stripped bare, beaten continually with handguns and subjected to other excruciating abuse.

The AP released the interview in advance of an official visit this week (Jan. 18-21) by Chinese President Hu Jintao to the United States, stating its hope that “publicizing his account will place renewed pressure on the government to disclose Gao’s whereabouts.”

Geng planned to travel to Washington this week to further highlight her husband’s case. At a U.S. State Department dinner at the White House tonight for Hu, she planned to wait outside to draw attention to Gao’s disappearance.

Gao had asked that his account not be made public unless he disappeared again or “made it to someplace safe like the U.S. or Europe,” according to the AP.

Initially seized by public security officials on Feb. 4, 2009, shortly after his wife and two children fled China to seek asylum in the United States, Gao was held virtually incommunicado for more than a year before police staged his brief reappearance in Beijing last April 6. (See http://www.compassdirect.org, “Christian Rights Activist Gao Zhisheng Released,” April 9, 2010.)

After speaking with the AP and other journalists, Gao made a supervised visit to his in-laws in northwestern Xinjiang Province. During that visit, he again vanished on April 20 while in the company of Chinese police, according to a report by The New York Times on April 30, 2009. He has not been seen or heard from since, but China watchers such as Bob Fu of the China Aid Association (CAA) believe he is “definitely in the hands of Chinese security forces.” (See http://www.compassdirect.org, “Human Rights
Lawyer Gao Zhisheng Missing Again,” May 7, 2010.)

 

New Account

In his interview with the AP, Gao explained that police had moved him from his birthplace of Yulin to Beijing, then back to Yulin, and from there to Urumqi, where the most excruciating moments of torture occurred.

Allowed out on an evening walk on Sept. 25, Gao was approached by several Uyghur men, members of a minority ethnic group who claimed to be part of a counterterrorism unit. They punched him in the stomach, handcuffed him and took him to the upstairs room of a building. There they tortured him for a full week, culminating in a period of 48 hours when they stripped him bare and “took turns beating him [with pistols] and did things he refused to describe,” the AP reported.

Gao said this was the darkest point in the 14 months since authorities had seized him in February 2009, and far worse than the torture during a previous disappearance in 2007. At that time, he said in a previous report, security officials gave electric shocks to his genitals and held burning cigarettes close to his eyes to cause temporary blindness.

When Gao in 2007 asked Beijing police why they didn’t put him in prison, they replied, “You’re not good enough for that. Whenever we want you to disappear, you’ll disappear,” according to the AP.

 

‘Words from the Heart’

Fu of CAA on Friday (Jan. 14) also called on the Chinese government to give an account of Gao’s whereabouts, besides imploring President Obama to address the fate of Gao and other prominent Chinese rights defenders during his meetings with Hu.

Fu also released a previously unpublished statement written by Gao on Jan. 1, 2009, shortly before his family’s escape from China, entitled “Words from the Heart.”

Carried out of China by Gao’s wife, the document claimed that authorities had invested a huge amount of manpower, physical resources and funds to silence him.

“Not only is it now extremely difficult for me to make my voice heard, but it is also extremely dangerous,” Gao wrote.

His faith, however, had enabled him to endure under pressure, he stated.

“I am optimistic by nature, and I am a Christian,” he wrote. “Even when I was tortured to near death, the pain was only in the physical body. A heart that is filled with God has no room to entertain pain and suffering.

Gao expressed concern for his wife and children, who had suffered greatly from police harassment. He said authorities even banned his daughter from attending school, another factor prompting the family’s flight to the United States.

Gao urged friends both inside and outside China to defend other human rights advocates imprisoned or harassed by the government, adding that “Heroes like Guo Feixiong … who sacrifice and risk their lives to defend religious freedom, are the true hope of China.”

He also urged that a network be established within China to report on “countless” abuses of human rights.

“The publication of this article will cause me to be kidnapped again,” Gao concluded. “Kidnappings are a normal part of my life now. If it comes again, then let it come!”

 

SIDEBAR

A Brief Biography of Gao Zhisheng

Gao was born in a hillside cave in Yulin, northern China, according to a brief biography written by David Kilgour of Media With Conscience (MWC). Since his parents were too poor to send him to school, he gained a basic education by listening outside the windows of the village classroom.

He then worked briefly as a coal miner before joining the People’s Liberation Army, where he met his future wife, Geng He, obtained a secondary education and became a member of the Communist Party.

Following his discharge from the army, Gao became a street vendor and self-studied to become a lawyer, passing the bar exam in 1994. China’s Ministry of Justice in 2001 named him one of the country’s 10 most remarkable lawyers, according to the MWC biography.

But as Gao began to represent farmers in land compensation cases, practitioners of the banned Falun Gong group and house church members, he quickly lost favor with authorities.

In 2005, after Gao wrote open letters to President Hu Jintao and Premier Wen Jiabao calling for an end to the torture and execution of Falun Gong members, authorities closed down Gao’s law firm, revoked his license to practice law, and placed Gao, his wife and two children under 24-hour police surveillance, according to reports by the China Aid Association (CAA). Police even beat his then 13-year-old daughter, according to the CAA.

In response, Gao in December 2005 publicly resigned from the Communist Party and later declared that he was a Christian.

Weeks later, on Feb. 4, 2006, Gao and several other high profile Chinese activists launched a “Relay Hunger Strike for Human Rights,” in which ordinary Chinese citizens fasted for 24 hours in rotation across 29 provinces in China. The hunger strikes led to a wave of arrests.

Authorities then seized Gao on Aug. 15, 2006, and on Dec. 22, 2006 they gave him a three-year suspended sentence for subversion. Officials then placed Gao on probation for five years and allowed him to remain at home under strict surveillance.

Authorities again seized Gao in September 2007 after he wrote to the U.S. Congress expressing concern about human rights violations prior to the 2008 Olympic Games in Beijing. On his release in November 2007 Gao issued a statement via the CAA claiming that his captors had tortured him by applying electric shocks to his genitals and holding burning cigarettes close to his eyes. He added that he’d been threatened with death if he spoke about the torture.

Gao was nominated for the Nobel Peace Prize in 2007, 2008 and 2010 in recognition of his ongoing commitment to the advance of human rights in China, according to Kilgour’s report.

State agents abducted Gao on Feb. 4, 2009, shortly after his wife and children fled China to obtain asylum in the United States, and they held him virtually incommunicado for over a year. (See http://www.compassdirect.org, “Action Urged for Missing Rights Activist in China,” March 24, 2009.)

Perhaps as a response to international pressure, police staged a brief reappearance for Gao on April 6, 2010, CAA reported. But on April 20, during a closely-supervised visit to his in-laws in Urumqi, Xinjiang province, Gao again vanished and has not been seen or heard from since.

Chinese officials at every level have consistently denied knowledge of his current location.

Report from Compass Direct News

Afghan Authorities Block Lawyer from Visiting Jailed Christian

Second suspect accused of ‘blasphemy’ is government informant, accused says.

ISTANBUL, December 9 (CDN) — A Christian in Afghanistan facing “apostasy” charges punishable by death is still without legal representation after authorities blocked a foreign lawyer’s attempt to visit him in prison, sources said.

A Christian lawyer from the region who requested anonymity travelled to Kabul on behalf of Christian legal rights organization Advocates International two weeks ago to represent 45-year-old Said Musa (alternatively spelled Sayed Mossa). Authorities denied him access to Musa and to his indictment file.

“If a man is not entitled to define his own beliefs, and to change those ideas, under the existing constitutional order of Afghanistan, then how is this government more moral than the Taliban’s?” the lawyer said in an e-mail to Compass.

After several court hearing postponements, Musa appeared before a judge on Nov. 27 without prior notice. Rejecting the case file as deficient, the judge sent it to the attorney general’s office for corrections, according to the lawyer. The lawyer said he has deduced that the file was missing a formal indictment and other “incriminating” evidence.

The legal expert said that according to Afghan law, Musa is entitled to see a copy of the indictment and review the evidence against him, but authorities have denied him both rights. If the prosecutor does not present the court with an indictment within 15 days of arrest, the attorney said, an accused person has the right to be released. Musa has been in jail since May 31.

 

Suspicious Second Suspect

The prosecutor in charge of western Kabul, Din Mohammad Quraishi, said two men, Musa and Ahmad Shah, were accused of conversion to another religion, according to Agence France-Presse. But Musa’s letters from prison and other sources indicate that Shah is a government informant posing as a Christian.

Musa and Shah appeared before the judge on Nov. 27 “shackled and chained” to each other, according to a source who was present. Though Shah, who was also arrested six months ago, has denied he is a Christian, the prosecutor said there was “proof” against him.  

Musa and the other sources claim that Shah is an informant posing as a Christian in order to damage him and other Afghan Christians. They claim that Shah allegedly sent images of Christians worshiping to the country’s most popular broadcaster, Noorin TV, which aired them in May.

The broadcast appeared on an Afghan TV show called “Sarzanin-e-man,” or “My Homeland,” hosted by Nasto Nadiri, 27, an outspoken opponent of the government and a parliamentary hopeful. Noorin TV station is opposed to the government and does what it can to “embarrass” it, a source said.

The broadcast put in motion the events that got Musa arrested, sources said. The hour-long TV show sparked protests throughout the country against Christians and a heated debate in parliament. In early June, the deputy secretary of the Afghan Parliament, Abdul Sattar Khawasi, called for the execution of converts from Islam.

Many converts to Christianity left the country, according to sources, and many were arrested, though the exact number is unknown.

Musa was concerned about the public outcry against Christians and went to his employer, the International Committee of the Red Cross/Red Crescent (ICRC), to request personal leave the morning of May 31. Authorities arrested him after he left the building, and his family could not locate him for nearly two months.

The Christian suffered sexual abuse, beatings, mockery and sleep deprivation because of his faith in Jesus in the first months of his detention. Last month, after quiet diplomatic efforts, authorities transferred him to the Kabul Detention Center in the Governor’s Compound. There have been no reports of mistreatment since he was transferred.

The lawyer who tried to visit him said that all Afghans in the country are assumed to be Muslims, and this assumption is deeply ingrained in the culture. The result is lack of justice for the “deviants,” he said.

“It is the greatest shame on a family, clan and the nation, that someone would consider to leave Islam,” the lawyer told Compass. “I [saw] the face of the attorney general literally darken in distaste when he realized we came to assist this man who committed such a shameful offense. Therefore there are no ‘rights’ Christians can claim.”

The lawyer said that from the perspective of the court, if Musa continues to stand for his faith in Jesus, he will certainly be found guilty of “apostasy,” or leaving Islam.

Though no one knows when a court hearing will take place, monitors expect it could be any day and, as before, could come without warning. Musa is still looking for an Afghan lawyer that will agree to defend him in court.

In his latest letters from prison, Musa asked Christians to continue to pray for him and Afghanistan and “not give up.”

An amputee with a prosthetic leg, Musa worked for the ICRC for 15 years, fitting patients for prosthetic limbs. He stepped on a landmine when serving in the Afghan Army, and his injury required the amputation of his right leg below the knee, according to World Magazine.

Married and the father of six young children, Musa has been a Christian for eight years.

 

Another Christian in Prison

Another Afghan Christian is in prison for his faith, sources said. Shoib Assadullah, 25, was arrested on Oct. 21 for giving a New Testament to a man who reportedly turned him in to authorities.

Assadullah is in a holding jail in a district of Mazar-e-Sharif, in northern Afghanistan. Sources said his family has been unsuccessful at procuring his release despite paying bribes to officials. As in Musa’s case, because of the sensitivity of the charges, no lawyer has agreed to defend him. Assadullah has not reported any mistreatment while in prison.

He has stood before a judge at least once since his arrest. The judge asked him what faith he followed, and Assadullah told him he was a Christian, said a source who requested anonymity.  

Although Assadullah’s family has tolerated his new faith, they are not pleased with it, the source said, and a few days ago his father disowned him. Assadullah became a Christian about five years ago.

“He wants others to know that he is not frightened, and that his faith is strong,” the source told Compass. “He is desperately missing having a Bible.”

Assadullah asked that people pray that Afghan believers would stay strong in their faith, the source said.

Musa and Assadullah are the only known Christian converts from Islam in prison in Afghanistan, and both face probable apostasy charges punishable by death under sharia (Islamic law), which is still applied in the country.

Last month, in its 2010 International Religious Freedom Report, the U.S. State Department reported that respect for religious freedom in Afghanistan diminished in the last year, “particularly for Christian groups and individuals.”

The constitution states that Islam is the “religion of the state” and that “no law can be contrary to the beliefs and provisions of the sacred religion of Islam.” The report stated that conversion from Islam is understood by Islamic clergy, as well as many citizens, to contravene the tenets of Islam.

Nevertheless, the country has signed the UN Universal Declaration of Human Rights stipulating religious freedom, including the freedom to change one’s faith. The nation’s constitution also provides a measure of religious liberties under Article 2, but Article 3 limits the application of all laws if they are contrary to the “beliefs and provisions of the sacred religion of Islam.”

Another source who requested anonymity said the proceedings against Musa and Assadullah typify the intolerance and abhorrence inherent in Islam toward open-mindedness and progress. He said that the only sentence possible would be death, and that if Musa were freed his only recourse would be to leave the country or be killed.

The source voiced exasperation toward the international community and defenders of human rights for not speaking up for the Christians in prison.

“We try as much as we can to push things in order to reveal this unfair situation, knowing that Afghanistan is a signatory of the Human Rights Convention,” he said. “But this serious failure of human rights is more or less accepted as a case ‘so sensitive’ that nobody wants to really fight against.”

According to the state department report, estimates of the size of the Christian community in Afghanistan range from 500 to 8,000.

Report from Compass Direct News

Pakistani Mother Condemned for ‘Blasphemy’ Stunned, Shattered

First woman sentenced to die for speaking ill of Muhammad says she never got to defend herself.

SHEIKHUPURA, Pakistan, November 17 (CDN) — Ashiq Masih, with his stooped posture, frail body and dull yellow eyes, stands in a small compartment in the Sheikhupura District Jail with his three daughters – Sidra, Eesha and Eeshum. The girls are weeping silently.

On the other side of a metal grille is Asia Noreen, the birth mother of two of the girls and the first woman in Pakistan to receive the death sentence on charges of blaspheming Islam’s prophet. Eeshum, 12-years-old and mentally disabled, whines like a baby for her mother, asking her when she will be back.

“I will be back,” she says to her daughters, as they feel their mother’s fingers through the gaps in the grille. “Don’t you worry, now.” But tears run down her face, too.

Arrested on June 19, 2009, Asia (alternatively spelled Aaysa) Noreen was accused of blaspheming Muhammad and defaming Islam. A judge under pressure from area Islamists convicted her under Pakistan’s widely condemned blasphemy statutes on Nov. 8.

“I don’t know why – when I walked into court that day, I just knew,” she said, tears returning to her eyes and her voice shaking. “And when the judge announced my death sentence, I broke down crying and screaming. In the entire year that I have spent in this jail, I have not been asked even once for my statement in court. Not by the lawyers and not by the judge. After this, I have lost hope in any kind of justice being given to me.”

In an interview with Compass at the jail northwest of Lahore, Punjab Province, Noreen said the triggering incident resulted from a “planned conspiracy” to “teach her a lesson,” as villagers in Ittanwali, near Nankana Sahib about 75 kilometers (47 miles) from Lahore, resented her and her family because of a few mishaps.

“What my village people have accused me of is a complete lie,” she said. “I had previously had a row over a trivial issue of water running out of my house onto the street, and a man called Tufail verbally abused me. On June 14, when I was out picking falsas [a type of berry] with about 30 women, they again asked me to convert to Islam.”

Noreen said the women of the village frequently asked her to renounce Christianity while they worked in the fields, and that she refused each time.

“This time, too, I said that I saw no reason why I should leave my own religion,” she said. “They then asked me about Jesus Christ, and I told them to go and ask the local mullah and not to bother me with those questions.”

Meantime, one of the women asked her for water, she said. After she had fetched it, the others told the woman not to drink water brought by an “untouchable” and “dirty woman,” Noreen said.

“I asked them if Christians were not human …why the discrimination?” she said. “This annoyed them, and they started verbally abusing me. We were soon engaged in a heated argument.”

She said that five days later, a mob led by Qari (one who has memorized the Quran) Muhammad Saalim burst upon her after some of the women told him about the incident in the fields. The mob pressured her to admit that she had blasphemed.

“They have been saying that I confessed to my crime, but the fact is that I said I was sorry for any word that I may have said during the argument that may have hurt their feelings,” she said.

Police arrived as they were beating her and took Noreen into custody, where they registered a case under Section 295-C of the blasphemy laws against her based on the complaint of the imam.

“They [police] registered a false complaint, because the complainant [Saalim] was never present at the scene,” she said.

Noreen said she has been heart-broken and shattered since the conviction. Her husband immediately tried to console her.

“Everything will be just fine, you just have to stay steadfast in your faith,” Masih told her. “All of us are here beside you. Everyone is praying for you.”

His words seemed to give her some hope, but she turned and asked Compass a question that no one has been able to answer for her.

“How can an innocent person be accused, have a case in court after a false FIR [First Information Report], and then be given the death sentence, without even once taking into consideration what he or she has to say?”

A pastor from Sharing Life Ministry who has been ministering to Noreen during her confinement and was present at all hearings told Compass that the judge had retired to his chambers three times before announcing the verdict.

“He was visibly tense,” the pastor said. “The presence of a mob outside the courtroom was instrumental in the delivery of this harsh verdict.”

Sidra, about 15 years old and one of three children born to Masih from a previous marriage, indicated she was traumatized by the attack on her step-mother.

“I saw that mob burst upon my mother, slap her and beat her up,” she said, her eyes both sad and fearful. “I saw them push her hard against a wall and tear her clothes. They were abusing her. I went to free her from their grip, and I heard them say to my mother, ‘Admit that you said derogatory things about prophet Muhammad, and we will leave you alone.’ Why would my mother ever do anything like that?”

Noreen broke in, “Why was an FIR filed against me by Qari Saalim? Who is he? He doesn’t even know what I said or did.”

Noreen’s lawyers filed an appeal against the Nankana sessions court’s verdict in the Lahore High Court on Friday (Nov. 12), and the court is likely to take up the case soon.

Sidra said Muslim villagers have bullied her and others in the family. She said a man who has two children of his own beat Eesha.

Noreen said police have not harmed her, unusual for Pakistani suspects in blasphemy cases.

“I was never even mentally harassed by the police,” she said, adding that fellow inmates were also treating her well.

Sohail Johnson of the Sharing Life Ministry, which has been following the case from the onset, said authorities may have been aware that the sensitive nature of the case would instantly bring it into public light.

Noreen said she has not lost faith in Jesus.

“He will rescue me from this fake case and I will return home – please ask everyone to pray for me,” she said as two prison guards arrived in the barrack to escort her back to her cell.

In spite of international attention, there has been little response from the government of Pakistan or civil society. No local organization has planned demonstrations to protest the verdict, which could set a dangerous precedent.

Shahbaz Bhatti, federal minister for minorities and a Christian, has written to the Punjab Province government requesting protection for Noreen and her family, both inside and outside jail. During the visit to Sheikhupura, however, Compass observed no special security measures for her family.

Report from Compass Direct News

Pakistani Woman Appeals Death Sentence for ‘Blasphemy’

District judge bows to pressure of local Muslims, handing down stunning sentence to Christian.

LAHORE, Pakistan, November 13 (CDN) — Attorneys for a Christian mother of five sentenced to death by hanging for allegedly speaking ill of Muhammad, the prophet of Islam, have filed an appeal of the verdict, they said.

Bowing to pressure from Muslim extremists in Pakistan, according to the Christian woman’s husband and rights groups, a district court judge handed down the stunning sentence to Asia Noreen on Monday (Nov. 8). Additional District and Sessions Judge Naveed Ahmed Chaudhary of Nankana Sahib district delivered the verdict under Pakistan’s controversial “blasphemy” statute, the kind of law that a resolution before the United Nations condemning “defamation of religions” would make legitimate internationally.

Noreen is the first woman to be sentenced to death under Pakistan’s widely condemned law against defaming Islam.

Noreen’s lawyer, Chaudhry Tahir Shahzad, said that among other allegations, she was accused of denying that Muhammad was a prophet.

“How can we expect a Christian to affirm a Muslim belief?” Shahzad said. He added that he and lawyer Manzoor Qadir had filed an appeal against the district sessions court’s verdict in the Lahore High Court.

Asia (alternately spelled Aasya) Noreen has been languishing in isolation in jail since June of last year after she argued with fellow field workers in Ittanwali village who were trying to pressure her into renouncing Christianity. Her husband, Ashiq Masih, told Compass that the argument began after the wife of an Ittanwali elder sent her to fetch water in Nankana Sahib district, about 75 kilometers (47 miles) from Lahore in Punjab Province.

The Muslim women told Noreen that it was sacrilegious to drink water collected by a non-Muslim, he said.

“My wife only said, ‘Are we not all humans?’ when the Muslim women rebuked her for her faith,” Masih, a field laborer, told Compass by telephone. “This led to an altercation.”

Centre for Legal Aid Assistance and Settlement (CLAAS) General Secretary Katherine Sapna told Compass that the women told Muslim cleric Muhammad Salim about the incident, and he filed a case with police on the same day, June 14, 2009.

On June 19, 2009, Masih said, the Muslim women suddenly raised a commotion, accusing Noreen of defaming Muhammad.

“Several Muslim men working in the nearby fields reached the spot and forced their way into our house, where they tortured Asia and the children,” said Masih, who confirmed that his wife is 45 years old and that they have five children – four girls and a boy, the oldest daughter 20.

Police arrived and took his wife into custody, presumably for her own protection, he said.

“They saved Asia’s life, but then later a case was registered against her under Sections 295-B and C [blaspheming the Quran and Muhammad, respectively] at the Nankana police station on the complaint of Muhammad Salim, the local imam [prayer leader] of the village,” he said. “Asia has been convicted on false charges. We have never, ever insulted the prophet Muhammad or the Quran.”

Salim reportedly claimed that Noreen confessed to speaking derogatorily of Islam’s prophet and apologized. Under immense pressure from local Muslims, according to Masih, CLAAS and Sohail Johnson of Sharing Life Ministry, local judge Chaudhary ruled out the possibility that Noreen was falsely accused. In spite of repeated efforts by the Muslim women to pressure her into renouncing her faith, the judge also reportedly ruled “there were no mitigating circumstances.”

Chaudhary also fined her 100,000 rupees (US$1,150), according to CLAAS.

Ataul Saman of the National Commission for Justice and Peace (NCJP) said that lower court verdicts in blasphemy cases are usually overturned by higher courts. He said lower court proceedings take place under intense pressure, with local Muslims gathering outside and chanting slogans to pressure judges. Saman added that NCJP research showed that up to 80 percent of blasphemy charges are filed against people to settle personal scores.

Rights groups have long criticized Pakistan’s blasphemy laws as too easily used to settle grudges or oppress religious minorities, such as the more than 4 million Christians that Operation World estimates out of Pakistan’s total population of 184.7 million. To date no one has been executed for blasphemy in Pakistan, as most are freed on appeal after suffering for years under appalling prison conditions. Vigilantes have killed at least 10 people accused of blasphemy, rights groups estimate.

Noreen was convicted under Section 295-C of the defamation statutes for alleged derogatory comments about Muhammad, which is punishable by death, though life imprisonment is also possible. Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment. Section 295-A of the defamation law prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” It is punishable by life imprisonment, which in Pakistan is 25 years.

Between 1986 and August 2009, at least 974 people have been charged with defiling the Quran or insulting Muhammad, according to the NCJP. Those charged included 479 Muslims, 340 Ahmadis, 119 Christians, 14 Hindus and 10 from other religions.

Johnson of Sharing Life Ministry, which is active in prisons and has been following Noreen’s case from the onset, said he was impressed by her continued faith.

“A week before the verdict, I went to visit Asia in jail,” he said. “I asked her what she was expecting. She told me that Jesus would rescue her from this fake case.”

The verdict was shocking in that no one was expecting a death sentence for a woman, he said. Masih agreed.

“Asia was hoping that the judge would free her and she would come home to be with us, but this conviction has dashed our hopes for now,” Masih said.

He said that since the sentencing, authorities have not allowed him or other members of their family to visit his wife.

“We don’t know yet how she is, but we trust the Lord,” he said. “Asia is suffering for Jesus, and He will not forsake her.”

Report from Compass Direct News

Alleged ‘Middleman’ Arrested in Malatya, Turkey Murders

Two key witnesses’ testimonies connect suspects to higher-level ‘masterminds.’

ISTANBUL, October 21 (CDN) — A court in southeast Turkey on Friday (Oct. 15) ordered the arrest of a suspected “middleman” linking the murder of three Christian men to alleged high-level masterminds.

The arrest order came after the testimonies of a former prison inmate and an incarcerated ex-gendarmerie intelligence worker at Friday’s hearing. Journalist Varol Bulent Aral – one of the suspected “middlemen” who allegedly incited five young men to stab to death Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske at the Zirve Publishing Co. in Malatya – was re-arrested at the hearing.  

The three Christians were bound and tortured before they were murdered on April 18, 2007, at the Christian publishing house, where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught trying to escape from the scene of the crime.

Attorneys said the last hearing of the Malatya murders was productive in tracing links between the five murderers and political masterminds whom prosecution lawyers claim are behind the slayings. A key witness, Orhan Kartal, was instrumental in proving that Aral was behind the murders, lawyers said.

“Not only this witness, but Emre also accused Aral before and then changed his statement,” said one of the prosecuting lawyers, Orhan Kemal Cengiz. “Before he retracted his statement, he gave details that couldn’t have been fabricated. So from the beginning we saw Aral was involved but couldn’t prove it.”

Kartal spent two months in prison with Aral in Adiyaman in 2008, where they were both held for crimes not related to the Zirve murders. Kartal said that while in prison together Aral detailed how he had planned the attack on the Zirve publishing house by psychologically preparing the five young murderers for the gruesome act. According to Kartal, Aral said he gave the young men the weapons they used to kill the three Christians.

In Kartal’s account, Aral also claimed that there was a higher figure behind him, retired Gen. Veli Kucuk. This year Aral completed his previous prison sentence. He is now again in prison as a key suspect in the Malatya murders.

In a previous statement, Aral had complained that retired Gen. Kucuk had threatened him about testifying. Gen. Kucuk has been arrested in connection with Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to destabilize the government. Evidence in Malatya hearings over the past three years suggests that the murders were instigated by Ergenekon.

Aral has also been implicated in the Ergenekon case, the hearings of which are underway.

Prosecutors believe the Malatya murders are directly linked with a military operation called the Cage Plan within the scope of Ergenekon activities. A document entitled “Cage Plan,” found on a retired general’s computer, described assassinations that targeted the country’s small Christian communities. The document referred to the Malatya murders as a “successful operation.”

A second witness, Erhan Ozen, also in prison for other offenses, worked for the clandestine Gendarmerie Intelligence Organization (JITEM). He said that as early as 2004, JITEM personnel were planning the Malatya murders and the assassination of Armenian editor Hrant Dink.

Ozen said that after a meeting, some co-workers talked about how they were organizing an operation against the three Christians in Malatya in an effort to portray the state as ineffectual. He also testified that the rector of the local university and JITEM were monitoring the activities of the three Christian men.

“He was convincing because he gave many details that were coherent and that confirm each other, so his testimony seems to me authentic,” attorney Cengiz said. “But of course, we will see.”

In April the Malatya court added the Cage Plan indictment to its case file.

Prosecuting lawyer Erdogan Dogan told Compass that this is clear evidence linking the Malatya murders to the Cage Plan. For almost a year, prosecution lawyers have tried to make the case that the two court cases should be merged.

“We had progress in the case,” Dogan said of the two testimonies on Friday. “They might decide to join the two cases in the next court hearing.”

Judges had found the phone numbers of ultranationalist lawyer Kemal Kerincsiz and Sevgi Erenerol, spokesperson for the Turkish Orthodox Church – a Turkish nationalist denomination –in Aral’s personal phone book. Both figures are accused of playing leading roles in Ergenekon and spearheaded prosecution of Christians Hakan Tastan and Turan Topal for speaking to people about their faith.

This week various media released autopsy pictures and images of police videos showing the five suspects as they walk through the blood-stained Zirve office explaining how they committed the crime.

Lawyers said they did not know who leaked these to the press, but they didn’t think the images would affect the case.

“These will, however, show the country how the young men were incited and murdered the men, full of racism and hatred,” said Dogan. “This will be obvious and should be noted. The state needs to urgently address the fact that these youngsters, or anyone, can become so filled with racism and hatred.”

He said that acceptance and tolerance of other people’s thoughts and beliefs is fundamental, and that the state should teach these values to its people.  

The next hearing of the Malatya murders case is on Dec. 3.

Report from Compass Direct News

Pastor in Iran faces Death Sentence

A pastor in Iran faces the death sentence for a ‘thought crime.’ For more on this story and for the web address to sign a petition to have him released, visit the Christian Telegraph at:

http://www.christiantelegraph.com/issue11046.html