Push for Islamic Courts in Kenya Alarms Christians


Emergence of Somali-related Islamic extremists puts authorities on high alert.

NAIROBI, Kenya, February 11 (CDN) — A constitutional battle to expand the scope of Islamic courts in Kenya threatens to ignite religious tensions at a time when authorities are on high alert against Muslim extremists with ties to Somalia.

Constitutional provisions for Islamic or Kadhis’ courts have existed in Kenya since 1963, with the courts serving the country’s coastal Muslim population in matters of personal status, marriage, divorce, or inheritance. Kenya’s secular High Court has jurisdiction over civil and criminal matters, and even a decision in the Islamic courts can be appealed at the High Court.

The Islamic courts have functioned only in Kenya’s Coast Province, but in a hotly debated draft constitution, their jurisdiction would expand across the nation and their scope would increase. The proposed constitution has gathered enough momentum that 23 leaders of churches and Christian organizations released a statement on Feb. 1 asserting their opposition to any inclusion of such religious courts.

“It is clear that the Muslim community is basically carving for itself an Islamic state within a state,” the Kenyan church leaders stated. “This is a state with its own sharia [Islamic law]- compliant banking system; its own sharia-compliant insurance; its own Halaal [lawful in Islam] bureau of standards; and it is now pressing for its own judicial system.”

Muslim leaders are striving to expand the scope of Islamic courts to include civil and small claims cases. They also want to upgrade the Muslim tribunals to High Court status. These demands have alarmed Christians, who make up 80 percent of the population and defeated a similar proposal in a 2005 referendum. Muslims make up 10 percent of Kenya’s 39 million people, 9 percent of the population follows indigenous religions and less than 1 percent are Hindu, Sikh and Baha’i.

The National Council of Churches of Kenya (NCCK) said the Committee of Experts (CoE) responsible for “harmonizing” drafts from various stakeholders ignored their concerns. The committee was responsible for determining what matters would be unduly “contentious” and was charged with keeping them out of the draft.

“We wrote to them, but we have been ignored,” said the Rev. Canon Peter Karanja, NCCK general secretary. “Who told the CoE that Kadhis’ courts were not contentious?”

Saying the committee ignored the crucial requirement of omitting what is “contentious,” Karanja said it did little to build consensus. He said that unless the Islamic courts are stricken from the constitution, Christians might be forced to reject the document in a national referendum later this year.

Muslim leaders, just as stridently, insist that recognition of the Islamic courts does not elevate Islam over other religions, and that if the courts are removed they will shoot down the draft in the referendum.

The 2005 referendum split the country and was followed by a bitterly disputed presidential election in 2007 that sparked rioting, reportedly leaving 1,300 people dead. The election dispute was resolved with one candidate becoming president and the other prime minister, and at the heart of the proposed constitution is an attempt to transfer presidential powers to the prime minister.

Christian leaders point out that the “Harmonized Draft” of the constitution discriminates against non-Muslims and contradicts its own Article 10 (1-3), which states that there shall be no state religion, that the state shall treat all religions equally and that state and religion shall be separate. They see the attempt to expand the scope of the Islamic courts as part of a long-term effort by Muslims to gain political, economic and judicial power.

Muslim leaders claim that inclusion of the Islamic courts in the new constitution would recognize “a basic religious right” for a minority group. Some Muslim extremists have said that if Islamic courts are removed from the draft constitution, they will demand their own state and introduce sharia.

Extremists Emerge

The constitutional issue erupted as security officials went on high alert when sympathizers of the Islamic terrorist al Shabaab militia appeared in a protest in mid-January to demand the release of radical Muslim cleric Abdullah Al-Faisal, who had entered the country on Dec. 31.

Al-Faisal, imprisoned from 2004 to 2008 after a British court convicted him of soliciting murder and inciting hatred, is on a global terrorism list. Government spokesman Alfred Mutua said Al-Faisal has been known to recruit suicide bombers and was arrested for violating terms of his tourist visa by preaching. He was reportedly deported to his native Jamaica on Jan. 21.

Eyewitnesses to the protests in Nairobi told Compass one demonstrator clad in fatigues, with his face masked by a balaclava, waved the black flag of the al-Qaeda-linked al Shabaab militia and passed his finger across his throat in a slitting gesture, taunting passersby.

Officials from the Council of Imams and Preachers of Kenya and from Muslims for Human Rights defended the demonstrations as legitimate to condemn violation of Al-Faisal’s rights. At least one person died as the protests turned violent, and Internal Security Minister George Saitoti said five civilians and six police officers were injured, with one security officer wounded from a bullet said to be shot by a demonstrator.

Al Shabaab-affiliated operatives appear to have targeted Christians in Kenya, according to an Internet threat in December by a group claiming to align itself with the Islamic extremist militia seeking to topple Somalia’s Transitional Federal Government. In an e-mail message with “Fatwa for you Infidels” in the subject line to Christian and governmental leaders in Kenya, a group calling itself the Harakatul-Al-Shabaab-al Mujahidin threatened to kill Muslim converts to Christianity and those who help them.

“We are proud to be an Islamic revolutionary group, and we are honored to be affiliated with Al Qaeda, a group of honest Muslims in which we share long-term goals and the broad outlines of our ideologies, while focusing on our efforts on attacking secular and moderate governments in the Muslim world, America and Western targets of opportunity and of course Uganda, Ethiopia, Burundi and Kenya if they do not stop their assistance to the Somali fragile and apostate government,” the group wrote in the e-mail. “Although we receive support for some of our operations, we function independently and generally depend on ourselves…”

The group threatened to shake the Kenyan government “in minutes,” calling it the “the most fragile target in the world.”

The emergence of al Shabaab and its sympathizers in Kenya coincides with the swelling of the Somali population in the country to 2.4 million, according to the August 2009 census.

Report from Compass Direct News 

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Despite Democracy, Christians in Bhutan Remain Underground


Open practice of faith could lead to more persecution, they fear.

THIMPHU, Bhutan, January 25 (CDN) — In this distant and isolated nation in the eastern Himalayas, known as the “Land of the Thunder Dragon,” almost everything looks uniformly Buddhist.

Most men and women in the landlocked country between India and China wear their national dress, and all the buildings – with their sloping walls, trefoil-shaped windows and pitched roofs – look alike, as if they were Buddhist monasteries.

There are no visible signs of Christians’ tiny presence, but they do exist. Christians, whose only official identity falls in the “others” category in the census, are estimated to range in number between 3,000 and 6,000. And they live out their Christian lives underground – no church buildings, Christian cemeteries or Christian bookstores are yet allowed.

Of Bhutan’s more than 670,000 people, 75 percent of them practice Buddhism, according to the 2005 census. Around 22 percent are Hindu, mostly of Nepali origin.

An absolute monarchy for over 100 years, Bhutan became a democratic, constitutional monarchy in March 2008, as per the wish of the former King of Bhutan, Jigme Singye Wangchuck, who served from 1972 to 2006. It has been nearly two years since democracy arrived in Druk Yul, as the country is known in its national language, Dzongkha. But little has changed for Christians.

If there is anything open about Christianity, it is the acknowledgement of Christians’ presence in the national press, which was born after the advent of democracy.

“A journalist telephoned and asked me if I was converting local people,” said a middle-aged pastor clad in Gho, the men’s national uniform, a knee-length gown woven with colorful wool. “I wondered how she got my phone number. Maybe a Christian friend of mine passed it on.”

The pastor requested anonymity – the same request that high government officials made, no matter how trivial the matters they divulged.

The pastor said he told the journalist he did not pay people to convert. “People choose to become Christians out of their own free will,” he said. “I am working within the constitution of the country.”

Still a Monarchy

Asked why the church remained underground in spite of a provision for religious freedom in the new constitution, the pastor replied, “Virtually, Bhutan is still a monarchy. The time is yet to come when we have the assurance of protection.”

His wife, wearing the ankle-length woollen skirt or Kira that is the national dress for women, smiled at what was perhaps a naïve question – the power of the monarchy is beyond question. By law all Bhutanese citizens wear the national dress in schools and certain public, government and religious places. Non-compliance can result in fines or imprisonment.

Asked what would happen if authorities found out about their underground church, the pastor said that before 2008 they would have been arrested because Christianity was banned.

“Even now, there will be serious repercussions,” he said. “What exactly will happen, I do not know. But no Christian worker will take the risk to find it out the hard way.”

To construct any building, Bhutanese citizens require a licence from the government.

“As far as the governance is concerned, the Royal Government of Bhutan is very caring,” he said. “We get free education and free medicine and hospitalization, and there is a sense of security because the crime rate is very low. But asking for a licence for a church is beyond our imagination as of now.”

The present king, Jigme Khesar Namgyel Wangchuck (selected in 2006 but not crowned until 2008) rules absolutely, said local Buddhists, though not with any regret.

“It’s democracy, but still not a democracy,” said a civil government employee requesting anonymity. “It’s the king who makes all important decisions.”

Asked about the Christian presence, he said Christianity grew even at a time when it was banned. “There are many secret Christians. They meet in secret locations for prayer.”

The clean-shaven, medium-built 31-year-old king, an avid soccer fan who studied at Phillips Academy and Wheaton College in Massachusetts in the United States and the University of Oxford in the United Kingdom, is seen as a progressive person but conservative in matters of religion and culture.

According to the new constitution, the king is the head of state, though the parliament has the power to impeach him by a two-thirds majority vote – a provision not likely to be used anytime in the future, according to popular sentiment.

Banned

Suggesting that Christian fears are warranted, a pastor from Pheuntsholing town near the India border explained that memories of a period of severe crackdown on underground churches were still fresh in the minds of local Christians.

“I was picked up from a house where I was conducting Sunday worship in Tsirang district in September 1995 and put in a prison,” said the pastor. “I was asked to leave the district with immediate effect, and I had to move to another location.”

His voice trembling as he spoke by telephone, he said, “Once the government discovers that you are a Christian, nothing will be free for you.”

The pastor said that although there are no violent attacks on Christians, they do face discrimination by the government and society.

According to the government-run weekly Kuensel of Nov. 4, 1992, the National Assembly banned Christianity in 1969 and in 1979. The edicts against Christians were said to have passed due to reports of conversions to Christianity in south Bhutan, inhabited mostly by people of Nepali origin.

In the early 1990s the government of Bhutan began a massive crackdown on Christians, mainly in southern parts, and intensified it towards the end of the decade.

The authorities identified Christians in government or business and took their signatures on a form pledging compliance with rules and regulations governing practice of religion. There were several reports, though unconfirmed, of violence against Christians by police and village heads during the period.

In April 2001, international media reported on persecution of Christians in Bhutan when police stormed churches on Palm Sunday to register Christians, many of who were detained and threatened.

Almost a decade later, the legal standing of the Christian minority under the new constitution remains unclear.

Ambiguous Laws

In May 2009, the national daily Bhutan Times quoted Interior Minister Lyonpo Minjur Dorji as saying, “It was absolutely okay if people were born Christian … The constitution supports them. But it is unlawful to convert. If we get proof of proselytization in the country, we shall definitely take action.”

The newspaper noted that there are no official churches in Bhutan. “And most of the Sunday masses and gatherings are held in the homes of pastors and converts,” noted the daily, which occasionally criticizes government policies, though mildly and without taking aim at any particular official.

The new Constitution of the Kingdom of Bhutan, drafted in 2005 and officially adopted in 2008, gives religious freedom to all the citizens of the country but also contains a virtual “anti-conversion law” as found in neighboring India.

The exotic, official website of the constitution – which displays the national emblem of two dragons and a lotus surmounted by a jewel symbolizing harmony between secular and religious powers and sovereignty of the nation – states that all Bhutanese citizens “shall have the right to freedom of thought, conscience and religion” in Article 7.

But Article 7 adds: “No person shall be compelled to belong to another faith by means of coercion or inducement.”

What the terms “coercion” and “inducement” mean is not clear. Whether “proselytization,” which the home minister recently suggested was illegal, means propagation of Christianity or conversion by “coercion or inducement,” is also left unclear.

The Supreme Court of Bhutan, whose judge appointments have yet to be completed and are not yet functional, is likely to have the prerogative to interpret the constitution.

What is unambiguous, however, is that the government of Bhutan will continue to preserve the uniform culture of the country, which, it maintains, is based on Buddhist values. Article 3 of the constitution says that “Buddhism is the spiritual heritage of Bhutan, which promotes among others the principles and values of peace, non-violence, compassion and tolerance,” and “it is the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics in Bhutan.”

Article 4 mandates the government to “endeavour to preserve, protect and promote the cultural heritage of the country,” adding that “parliament may enact such legislation as may be necessary to advance the cause of the cultural enrichment of Bhutanese society.”

According to Article 8, it is a fundamental duty of all citizens to “preserve, protect and respect the culture and heritage of the nation.”

“Apart from religious restrictions, we are happy to be in Bhutan,” said a pastor from Thimphu. “Look at the unrest India, China and Nepal have from time to time. We are happy and thankful to God for this nation.”

Report from Compass Direct News 

New threat develops after UN vote on religious defamation


The U.N. General Assembly has passed the non-binding Defamation of Religion Resolution for the fifth year in a row, reports MNN.

However, support is eroding, says Open Doors Advocacy Director Lindsay Vessey. The Islamic-sponsored non-binding resolution passed with 80 votes in favor, 61 against and 42 abstentions. That compared with 86 votes to 53, with 42 abstentions for a similar text last year, and figures of 108-51-25 in 2007, the last time the measure commanded an absolute majority of U.N. members.

Open Doors USA helped to lead the advocacy effort at the United Nations to prevent this resolution from passing. Open Doors lobbied key voting countries, organized a petition drive for Open Doors USA supporters to campaign against the resolution and spoke on this issue to the media. The Open Doors advocacy campaign is called "Free to Believe."

Oppenents say it threatens freedom of speech, especially for minority Christians in Muslim-dominated nations. "Essentially the resolution tried to criminalize words or actions that are deemed to be against a particular religion, namely, Islam."

Vessey warns that the Organization of Islamic Conference is organizing a sneak attack in March. "Instead of being a non-binding resolution, they’re actually trying to pass it through a separate committee that would make it more of a binding resolution–it would make it an optional protocol."

The UN Ad Hoc Committee on the Elaboration of Complementary Standards is expected to meet again in the spring to discuss adding the resolution to the International Covenant on the Elimination of all forms of Racial Discrimination.

Open Doors is readying an advocacy response to the threat. It’s one short step, but Vessey says under it, "People aren‘t free to preach the Gospel–people aren’t free to say what they believe even if they’re not trying to evangelize. But it’s also going to impact missionaries and foreign workers who go into these countries to evangelize."

Report from the Christian Telegraph 

India Briefs: Recent Incidents of Persecution


Karnataka, India, November 30 (CDN) — Police on Nov. 24 detained three Christians after Hindu extremists falsely accused them of forced conversion in Raghavendra Colony, Madugere, Tumkur district. The Global Council of Indian Christians (GCIC) reported that 35 to 40 extremists barged into the rented apartment of Christians identified only as Prabhu, Steven and Shivananda, all workers for Operation Mobilization (OM). The Hindu hardliners confiscated all Bibles, compact discs and gospel tracts and burned them, and then took the Christians to the Madugere police station. Police who searched the apartment found no evidence of forcible conversion, however, and offered protection to the Christians. The next day the extremists again stormed into the apartment, dragging the three Christians outside. Nearby police took the Christians to the police station, along with the OM director, who had rushed to help them, and nearly 40 Hindu extremists followed demanding that the Christians be arrested for “conversion activities,” mistakenly believing that conversion is illegal in India. A GCIC representative told Compass the Christians were detained till midnight and released without being charged – after agreeing to vacate the apartment and immediately leave the village. 

Karnataka – Based on a false complaint by Hindu extremists, police detained five pastors on baseless charges of forceful conversion on Nov. 24 in Nangli, Kolar district. The Evangelical Fellowship of India reported that Hindu extremists stormed into the inauguration of the Friends Missionary Prayer Band prayer hall, and police alerted by the extremists arrived and took the five pastors to the police station for questioning. The Christians were released at about 8:30 p.m. after agreeing to give police prior notice of any worship services as a security measure. 

Madhya Pradesh – About 20 Hindu extremists attacked a pastor in Balaghat on Nov. 24. Pastor Ghanshyam Chowkse of Jeevan Jyoti Ashram was visiting a local Christian family when the extremists broke into the house of Purnima Dhuarey and dragged the pastor out, striking him with their fists and legs. They also struck Dhuarey with their hands. Pastor Kamlesh Nagpure told Compass that the mob was carrying a gas container with them, intending to burn Pastor Chowkse alive, and he said Pastor Chowkse was traumatized for days afterward. The extremists were members of the Bajrang Dal, the right-wing youth wing of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council). Dhuarey was also attacked and beaten four months ago for recently converting to Christianity. She and Pastor Chowkse have filed two separate First Information Reports at the local police station. Dhuarey named the extremists in her FIR as she was able to recognize them, but Pastor Chowkse reported only unidentified men. “No major proceedings have yet taken place in both the cases,” Pastor Nagpure told Compass.

Karnataka – Hindu extremists from the Vishwa Hindu Parishad (World Hindu Council) falsely accused Pastor K. Manjunath of forceful conversion, verbally abused him and stopped construction of his church on Nov. 12 in Shimoga. Pastor Manjunath had received approval from the government to construct the church building, which is registered under the Bhadravati Municipality. The Global Council of Indian Christians reported that the extremists filed a complaint against the pastor with the Shimoga Development Authority, which issued a show-cause notice asking him to answer the complaint. After investigating, police allowed construction of the church building to continue.

Karnataka – About 20 Hindu extremists beat two Christians on Nov. 10 in Attibele, Karnataka. The Global Council of Indian Christians reported that Chandrachari Gangadhari and Chandra Gowda were visiting Christian homes when the intolerant Hindus verbally abused, beat them and burned Bibles and gospel tracts. Gowda sustained internal injuries. As is customary in India, police detained the victims rather than the aggressors, holding the Christians at the police station until 11 p.m. and joining the extremists in warning them not to return to the village.

Chhattisgarh – About 50 Hindu extremists stormed a prayer meeting and beat Christians until one fell unconscious on Nov. 8 in Bliaspur. A Christian identified only as Tekchand invited a couple, Keshup and Sangeeta Baghel, to their house to pray for their sick child when the extremists broke in and beat the Christians. Tekchand fell unconscious. The extremists dragged the couple to the police station, and along with about 100 other Hindu hardliners tried to pressure the police into filing baseless charges of forceful conversion. On hearing of the incident, four Christians went to the police station, where the extremists beat them on their arrival. Tekchand filed a police complaint against the intolerant Hindus, and the Christians were taken to the police station for medical checkup. The Christians were released at about 3 a.m. that night.

Karnataka – Police on Nov. 1 entered a children’s hostel run by Christian Outreach Ministries (COM) in Udupi and arrested the manager on baseless charges of forceful conversion. Saroja Margaret was sent to Mangalore District Prison after a magistrate ruled against judicial custody and was released on bail on Nov. 3. The Evangelical Fellowship of India (EFI) reported that Margaret and her husband, the Rev. Joseph Jamkandi, were shocked to learn that two girls who had sought shelter for four months beginning in June had supposedly accused them of forceful conversion and of criticizing Hinduism. After the girls, identified only as Megha and Shilpika, had visited their parents in Madikere, their parents and Hindu extremists filed a complaint at Kapu police station charging that Margaret had forced the children to read the Bible and had criticized Hinduism. Police questioning the remaining 63 girls and others at the hostel, as well as neighbors, did not find anyone offering any statements to support the accusations, according to EFI. The hostel provides shelter, food and clothing to 65 girls from various castes and religious backgrounds. EFI reported that the remaining 63 girls told police there was never an instance when they were forced to read the Bible or participate in Christian devotion, and they said criticism of any religion was never uttered in the hostel. Nevertheless, the Deputy Superintendent of Police on Nov. 1 told Kapu police to present Margaret before a magistrate, as the Hindu hardliners had filed a First Information Report. Margaret was arrested for “uttering words with intent to hurt religious feelings of others” (Section 298 of the Indian Penal Code) and for “creating problems in the community” (Section 153 Part 1-b).

Maharashtra – In Pune, a Christian identified only as Sanjeev was beaten by about 60 students at Ferguson College on Oct. 27 for leading a Bible study. A source reported that Sanjeev was proclaiming Christ to two students at their request when the attacking students came from different directions and began beating him; they berated him for preaching and informed the college principal of his activities. The principal filed a complaint against Sanjeev for trespassing and “hurting the religious sentiments” of the students. Police took the Christian into custody, seizing Bibles and Christian literature from him. With local Christian leaders’ intervention, he was released without charge.

Andhra Pradesh – Hindu extremists pressured Christians to recant their faith and convert back to Hinduism on Oct. 27 in West Singhbhum, Jharkhand. The All India Christian Council reported that representatives of the Hindu extremist Adivasi Maha Sabha, along with village leaders, disrupted a prayer meeting and threatened to cut all economic and community ties from the Christians if they did not obey their demand to return to Hinduism. The extremists took away the handle of a water pump that served as the only source of water for the Christians. Police refused to register a First Information Report on the incident but assured the Christians that they would investigate. The village water pump has been repaired.

Karnataka – Hindu extremists on Oct. 23 claimed that a church building in Ankola, Karwar district was used as a center for forceful conversion. The Global Council of Indian Christians reported that the extremists also accused Christians there of cheating poor people and disturbing the neighborhood with their prayers. The extremist leaders went to the home of the owner of the land on which the church building is built, Shankar Naik, and reprimanded him for allowing it to remain open. The extremists filed a baseless complaint of forceful conversion with the local administrator, who in turn filed a police complaint against Naik. Due to extremist pressure, police forced Naik to shut down the building, threatening to arrest him if he opened it again. The Christians there now worship in the house of area pastor.

Report from Compass Direct News 

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 

Lawyer Calls Turkish Christians’ Trial a ‘Scandal’


Evidence still absent in case for ‘insulting Turkishness and Islam.’

SILIVRI, Turkey, October 16 (CDN) — After three prosecution witnesses testified yesterday that they didn’t even know two Christians on trial for “insulting Turkishness and Islam,” a defense lawyer called the trial a “scandal.”

Speaking after yesterday’s hearing in the drawn-out trial, defense attorney Haydar Polat said the case’s initial acceptance by a state prosecutor in northwestern Turkey was based only on a written accusation from the local gendarmerie headquarters unaccompanied by any documentation.

“It’s a scandal,” Polat said. “It was a plot, a planned one, but a very unsuccessful plot, as there is no evidence.”

Turkish Christians Hakan Tastan and Turan Topal were arrested in October 2006; after a two-day investigation they were charged with allegedly slandering Turkishness and Islam while talking about their faith with three young men in Silivri, an hour’s drive west of Istanbul.

Even the three prosecution witnesses who appeared to testify at Thursday’s (Oct. 15) hearing failed to produce any evidence whatsoever against Tastan and Topal, who could be jailed for up to two years if convicted on three separate charges.

Yesterday’s three witnesses, all employed as office personnel for various court departments in Istanbul, testified that they had never met or heard of the two Christians on trial. The two court employees who had requested New Testaments testified that they had initiated the request themselves.

The first witness, a bailiff in a Petty Offenses Court in Istanbul for the past 28 years, declared he did not know the defendants or anyone else in the courtroom.

But he admitted that he had responded to a newspaper ad about 10 years ago to request a free New Testament. After telephoning the number to give his address, he said, the book arrived in the mail and is still in his home.

He also said he had never heard of the church mentioned in the indictment, although he had once gone to a wedding in a church in Istanbul’s Balikpazari district, where a large Armenian Orthodox church is located.

“This is the extent of what I know about this subject,” he concluded.

Fidgeting nervously, a second witness stated, “I am not at all acquainted with the defendants, nor do I know any of these participants. I was not a witness to any one of the matters in the indictment. I just go back and forth to my work at the Istanbul State Prosecutors’ office.”

The third person to testify reiterated that he also had no acquaintance with the defendants or anyone in the courtroom. But he stated under questioning that he had entered a website on the Internet some five or six years ago that offered a free New Testament.

“I don’t know or remember the website’s name or contents,” the witness said, “but after checking the box I was asked for some of my identity details, birth date, job, cell phone – I don’t remember exactly what.”

Noting that many shops and markets asked for the same kind of information, the witness said, “I don’t see any harm in that,” adding that he would not be an open person if he tried to hide all his personal details.

For the next hearing set for Jan. 28, 2010, the court has repeated its summons to three more prosecution witnesses who failed to appear yesterday: a woman employed in Istanbul’s security police headquarters and two armed forces personnel whose whereabouts had not yet been confirmed by the population bureau.

Case ‘Demands Acquittal’

Polat said after the hearing that even though the Justice Ministry gave permission in February for the case to continue under Turkey’s controversial Article 301, a loosely-defined law that criminalizes insulting the Turkish nation, “in my opinion the documents gathered in the file demand an acquittal.”

“There is no information, no document, no details, nothing,” Polat said. “There is just a video, showing the named people together, but what they are saying cannot be heard. It was shot in an open area, not a secret place, and there is no indication it was under any pressure.”

But prosecution lawyer Murat Inan told Compass, “Of course there is evidence. That’s why the Justice Ministry continued the case. This is a large ‘orgut’ [a term connoting an illegal and armed organization], and they need to be stopped from doing this propaganda here.”

At the close of the hearing, Inan told the court that there were missing issues concerning the judicial legality and activities of the “Bible research center” linked with the defendants that needed to be examined and exposed.

Turkish press were conspicuously absent at yesterday’s hearing, and except for one representative of the Turkish Protestant churches, there were no observers present.

The first seven hearings in the trial had been mobbed by dozens of TV and print journalists, focused on ultranationalist lawyer Kemal Kerincsiz, who led a seven-member legal team for the prosecution.

But since the January 2008 jailing of Kerincsiz and Sevgi Erenerol, who had accompanied him to all the Silivri trials, Turkish media interest in the case has dwindled. The two are alleged co-conspirators in the massive Ergenekon cabal accused of planning to overthrow the Turkish government.

This week the European Commission’s new “Turkey 2009 Progress Report” spelled out concerns about the problems of Turkey’s non-Muslim communities.

“Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim religion,” the Oct. 14 report stated. “Further efforts are needed to create an environment conducive to full respect of freedom of religion in particular.”

In specific reference to Tastan and Topal’s case, the report noted: “A court case against two missionaries in Silivri continued; it was also expanded after the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code.”

The Turkish constitution guarantees freedom of religion to all its citizens, and the nation’s legal codes specifically protect missionary activities.

“I trust our laws on this. But psychologically, our judges and prosecutors are not ready to implement this yet,” Polat said. “They look at Christian missionaries from their own viewpoint; they aren’t able to look at them in a balanced way.”

Report from Compass Direct News 

Christians Concerned over Acquittals in Orissa, India Violence


Lax investigation, prosecution, lack of witness protection cited as reasons for injustice.

NEW DELHI, September 30 (CDN) — Only 24 people have been convicted a year after anti-Christian mayhem took place in India’s Orissa state, while the number of acquittals has risen to 95, compounding the sense of helplessness and frustration among surviving Christians.

Dr. John Dayal, secretary general of the All India Christian Council, called the trials “a travesty of justice.”

Last month a non-profit group, the Peoples Initiative for Justice and Peace (PIJP), reportedly found that as many as 2,500 complaints were filed with police following the violence in August-September 2008 in the eastern state’s Kandhamal district. The violence killed at least 100 people and burned more than 4,500 houses and over 250 churches and 13 educational institutions. It also rendered 50,000 people, mostly Christian, homeless.

Police, however, registered only 827 complaints and arrested fewer than 700 people, even though 11,000 people were named as attackers in those complaints, according to a PIJP survey.

“The manner of the judicial processes in the Kandhamal fast-track courts is tragic where all too many people have managed to escape conviction for crimes as serious as conspiracy for brutal, premeditated murder and deliberate arson,” Dayal told Compass.

Among those acquitted was Manoj Pradhan, who allegedly led mobs that killed Christians and burned their houses a few months before he became a state legislator from the Hindu nationalist Bharatiya Janata Party (BJP).

Facing charges in five cases of murder and six of arson, Pradhan has been acquitted in three cases.

On Thursday (Sept. 24), the judge of Fast Track Court-II, C.R. Das, acquitted Pradhan and another suspect, Mantu Nayak, on charges of killing Khageswar Digal for refusing to “reconvert” to Hinduism, according to the Press Trust of India (PTI). Digal was a 60-year-old Catholic and resident of Shankarakhol area in Chakapada Block in Kandhamal.

“The court acquitted the BJP MLA [Member of Legislative Assembly] and Nayak due to lack of proper evidence against them,” Special Public Prosecutor Pratap Patra told PTI.

The Rev. Ajay Singh, an activist from the Catholic Archdiocese of Cuttack-Bhubaneswar, said Digal’s son testified in court that he was witness to the killing of his father and knew the killers, and yet the accused were acquitted.

“It was a brutal murder, possibly a case of human sacrifice,” Singh said.

Digal was dragged from a vehicle before being killed on Sept. 24 last year – one month after the assassination of Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati by Maoists (extreme Marxists), which triggered the violence as Hindu extremists wrongly blamed Christians.

Singh spoke to the son of the deceased Digal, Rajendra Digal, who said his parents left their village after the violence and took shelter in the state capital, Bhubaneswar.

The elder Digal, who owned a grocery shop and 35 goats, returned to his village to see his house and livestock. After selling some of the goats, he boarded a public bus to Phulbani, Kandhamal district headquarters, to start his journey back to Bhubaneswar around noon on Sept. 24. As the bus started, however, some assailants allegedly led by Pradhan stopped the bus and dragged Digal out. They also broke his leg.

The attackers were said to have taken Digal to his village, where they looted his shop. Then they allegedly took him and eight of his goats to a nearby forest, where they feasted on the goat meat throughout the night.

When Rajendra Digal heard about it, he informed police, who allegedly took no interest in the complaint. Twelve days later, his father’s body, naked and burned with acid, was found 40 kilometers (25 miles) from the village. His genitals had also been chopped off.

Rajendra Digal said he believes his father may have been the victim of human sacrifice involving ritual feasting and torture.

Shoddy Probe, Lack of Evidence

A representative of the Christian Legal Association (CLA) said the police had been conducting investigations improperly.

The CLA source pointed out that in another Fast-Track Court-I case in which Pradhan was one of the accused, police had wrongly recorded the age of the informant, Bhutia Digal.

“The court observed that if the police could not cite the age of the informant correctly, how could they have investigated the case properly?” said the source, adding that such discrepancies were found in far too many cases.

During the violence in August-September 2008, the BJP was part of the ruling coalition with a local party, the Biju Janata Dal (BJD). The latter recently broke ties with the Hindu nationalist BJP, blaming it for violence in March, a month before the state assembly election.

The BJP lost the April-May election, and the BJD emerged as the stand-alone ruling party. It is believed that the state administration began taking action against the assailants only after the coalition split in March – six months too late, which possibly provided enough time for suspects to remove evidence and threaten witnesses.

Witnesses are still being threatened or bribed, according to rights groups.

On Thursday (Sept. 24), the day the BJP legislator was acquitted, the fast-track court also released five others accused of arson in the Tikabali area of Kandhamal in a separate case, reported the PTI.

Singh said the witnesses were either intimidated or bribed and therefore turned hostile to prosecutors in court. Friends of the accused took the witnesses to the court in their vehicle, he pointed out.

Dayal said the Orissa High Court should have taken notice of the increasing number of acquittals.

“A man now an MLA seems to be beyond the law,” he said. “I would demand a high-powered judicial review by the High Court of Orissa itself, or failing that, by civil society, which should set up an independent commission of retired judges and senior lawyers.”

Singh said police investigations and prosecutions were a “sham.” There is also “a pressing need for witness protection,” he said.

He added that there were reports of witnesses being intimidated and threatened in various villages, such as Dodingia, K. Nuagam, Phiringia and Solesoru. “Police are not entertaining complaints of the threat to the witnesses,” Singh said.

Dayal highlighted three essential problems: The quality of the charge-sheets prepared by police; the role of the public prosecutor in pressing the charges as prepared by police; and the circumstances under which eyewitnesses, “often sons and daughters of those killed, cannot attest to the truth or are forced into silence,” he said.

“India does not have a witness-protection program, and surely Kandhamal has none at all,” Dayal said. “Witnesses have to pass through an aggressive environment which affectively silences them. They are human beings and fear future violence, having seen brutal violence in the past.”

Singh and Dayal demanded that the cases be heard outside Kandhamal, preferably outside Orissa state.

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

NEW DELHI, September 30 (Compass Direct News) – A fast-track court in Orissa state on Sept. 23 delivered its first life sentences for those convicted of murder in 2008 violence in Kandhamal district, sentencing five people to life imprisonment for their involvement in the killing of Pastor Akbar Digal.

Digal, 40, pastor of a Baptist church in Tatamaha village under Raikia police jurisdiction in Kandhamal district, was killed on Aug. 26, 2008 after refusing the slayers’ demand that he forsake Christianity and convert to Hinduism. His body was reportedly cut to pieces and then burned.

He is survived by his wife, Ludhia Digal, and five children.

Additional Sessions Judge Sobhan Kumar Das of Fast Track Court-I at Phulbani district headquarters sentenced Sabita Pradhan, 30; Papu Pradhan, 30; Abinash Pradhan, 29; Dharmaraj Pradhan, 32; and Mania Pradhan, 28, to life in prison and a fine of 5,000 rupees (US$104). The five were arrested after Pastor Digal’s wife filed a First Information Report on Aug. 29, 2008.

Previous to these sentences, two fast-track courts had sentenced 12 people to prison for terms ranging only from four to six years. The government set up the two fast-track courts to try nearly 900 cases related to anti-Christian violence that erupted in August 2008. The first conviction was determined on June 30.

The special Phulbani court also sentenced six others to three years’ rigorous imprisonment on Sept. 22 for an arson attack on a journalist’s house in Kandhamal’s Phiringia village on Dec. 12, 2007.

Police had arrested 11 people in this case, but the court acquitted five for “lack of evidence.” Convicted were Ganpati Kanhar, Rabindra Kanhar, Parmeshwar Kanhar, Daleswar Kanhar, Tuba Kanhar and Vijay Kanhar, whose ages range from 25 to 40 years. They were also fined 4,000 rupees (US$83) each.

Report from Compass Direct News 

Uzbekistan: Christian banned from meeting fellow-believers


Gafur Yusupov, who lives in a home for people with disabilities in eastern Uzbekistan, has been banned from attending his Baptist Church, Forum 18 News Service has learned.

All his Christian books and audio tapes have also been taken from him, and he has been banned him from having any contact with his fellow believers. When Baptists complained, the home told them to talk to the NSS secret police.

Asked by what authority the home did this, its director Tahir Gaziev replied: “We have asked the Baptists to show us an official document that says they are allowed to invite people to their meetings. Only after they show us such a document will we allow him [Yusupov] to attend.”

When Forum 18 asked why Yusupov is not allowed to decide this himself, Gaziev put the phone down. In a separate case, the family of Protestants punished for “illegal” religious activity have been threatened with administrative or criminal charges and 15-days detention if they carry on protesting about the punishment.

Asked why the family were threatened, District Police Chief Izzat Yusupov replied: “You are Forum 18 and I am Barack Obama”, before he hung up the phone.

Report from the Christian Telegraph 

BANGLADESH: POLICE TORTURE PASTOR, TWO OTHERS


Local Muslim leaders prompt officers to arrest, abuse evangelistic team.

DHAKA, Bangladesh, August 4 (Compass Direct News) – At the urging of local Muslim leaders, police in western Bangladesh have tortured a pastor and two other Christians for legally proclaiming Christ.

Habibur Rahman, 45, pastor of Boalia Spiritual Church (Boalia Ruhani Jamat) in Boalia in Cuadanga district, 220 kilometers (136 miles) west of Dhaka, said he was about to meet with 11 others for a monthly meeting on evangelism at 8 p.m. on June 8 when local police stormed in and seized him and Zahid Hassan, 25, and a 40-year-old Christian identified only as Fazlur.

The first question the police commander asked him, Rahman said, was, “Why did you become Christian?”

“Using a lot of filthy words, he charged me that I was teaching the Bible and converting people to Christianity in this area,” the pastor told Compass.

In May, a police patrol chief had threatened to seize him at a church meeting but was misinformed about the time it would take place, Rahman said.

The commander who seized him and the two others was a sub-inspector with the name Khaleque on his badge, Rahman said. Police dragged them to a nearby parked vehicle and transported them to Shamvunagar police camp.

“Police told us, ‘We will teach you in the camp how to forget your Christ,’ while dragging us to the vehicle,” said Rahman.

Police blindfolded them after reaching the camp and took them to three separate rooms.

“I heard blood-curdling scream from other rooms,” Rahman said. “I was sitting on the floor blindfolded. I could not understand what was happening around me. Later several police came to me and one of them kicked me on the back of my head, and my head ricocheted off the wall. They also kicked my waist.”

Ordering him to say how many people he had converted to Christianity in the Muslim-majority nation, the commander said he would kick him a like number of times. The official told him to call out to Jesus, saying he wanted to see how Jesus would save him, Rahman said.

“While beating us, police told us there will be no Christian in this area,” the pastor said. “Police hurt our hands, lips, thighs and faces with burning cigarettes. They beat me in the joints of my limbs with a wooden club. They beat us for one hour, and I became senseless at some point.”

Police officers told Rahman to admit that whatever he had done in his life was wrong, he said. When they sent them to Boalia police station early the next morning, dozens of Christians arrived to try to obtain their release.

Police, however, were reluctant to release the detained Christians.

“Some Christian villagers then said, ‘We are also criminal because we believe in Christ like Habibur Rahman and the other two Christians,’” Rahman said. “They told police, ‘If you do not release them, then arrest us and put us in jail.’”

Police did not release the three Christians until 9:30 that night.

The next day, June 10, thousands of Muslim villagers demonstrated in front of a local government office called the Zamzami Union Council chanting, “We want a Christian-free society,” and “We will not allow any Christians in Cuadanga.”

The frenzied mob called for Rahman to appear at the local government office, and a sub-district administrative chief called in 10 Christians and 10 Muslims including imams to try to resolve the matter. In that meeting, the administrative official told everyone to practice their religion freely without disturbing others.

“The administrative chief also said nobody should interfere in other religions, but even now we cannot attend our churches for worship,” Rahman said. “Local people said, ‘You will come in the church alive but return home dead.’”

Police Denial

Police denied carrying out any torture, saying they arrested the Christians for interrogation because villagers had informed officers that some underground Maoist terrorists had gathered in the house.

Jotish Biswas, executive director of Way of Life Trust, said the marks of torture were unmistakable.

“There were streaks of blood on their legs, hands and faces,” said Biswas, who interceded with police on behalf of the arrested Christians. “I have seen marks of cigarette burns on their bodies. They were beaten so severely that they could not walk properly.”

Biswas said he had learned that a local official and some Muslim clerics had prompted police to torture the Christians because they objected to their evangelistic activity.

“Police violated the rights of minorities enshrined in the Bangladeshi constitution,” Biswas said. “It was a gross violation of human rights.”

Chanchal Mehmud Kashem, a Christian journalist who visited the area, told Compass that the area is lacking in freedom of religion.

“Torture by police suggests that those Christians are not citizens of Bangladesh,” Kashem said. “It suggests they are illegal, alien and that evangelism is a crime.”

Kashem added that the notion that “underground terrorists” had gathered in a house was a pretext for harassing the Christians. “Rahman has been working as an evangelist in this area for one and half years,” he said.

There are 176 Christians in the area where Rahman works as an evangelist and pastor, he said.

“The local government council chairman told me two times not to come in this area,” Rahman said. “He said, ‘There is no Christian in this area, so why do you come here to make Christians?’”

Local Muslim villagers have since refused to give work to area Christians, most of whom are day laborers dependent on obtaining daily jobs to survive.

Report from Compass Direct News