European Human Rights Court Rules in Favor of Turkish Church

Christians hope decision will lead to greater religious freedom.

ISTANBUL, December 18 (CDN) — In a decision many hope will lead to greater religious freedom in Turkey, the European Court of Human Rights (ECHR) found that a Turkish court ruling barring a church from starting a foundation violated the congregation’s right to freedom of association.

Orhan Kemal Cengiz, a Turkish attorney and legal advisor for the litigants, said the decision earlier this year was the first time the ECHR has held that religious organizations have a right to exist in Turkey. Other issues the court addressed dealt with organizations’ rights to own property, he said.

Cengiz added that this case is just the first of many needed to correct conflicts within the Turkish legal system in regard to freedom of association, known in Turkey as the concept of “legal personality.”

“This case is a significant victory, but it is the first case in a long line of cases to come,” Cengiz said.

Ihsan Ozbek, pastor of Kurtulus Church in northeast Turkey, which set out to establish the foundation, said he was pleased with the court’s decision.

“It’s a good thing to have that decision,” he said. “It will help future churches and Christian organizations.”

On Dec. 21, 2000, Ozbek and 15 other Turkish nationals applied to a court in Ankara to form the “Foundation of Liberation Churches,” to provide assistance to victims of disasters. The court referred the matter to the Directorate General of Foundations, which opposed it because, according to its interpretation of the organization’s constitution, the foundation sought to help only other Protestants. Such a purpose would be in violation of the Turkish civil code, which states that establishing a foundation to assist a specific community at the exclusion of others was prohibited.

On Jan. 22, 2002, the church group appealed the decision to the higher Court of Cassation. They agreed that the constitution should be changed to more accurately reflect the true nature of the organization, which was to give assistance to victims of natural disasters regardless of their spiritual beliefs. In February of the same year, the court rejected their appeal.

Later that year, on Aug. 29, 2002, under the guidance of Cengiz, the group appealed the decision to the ECHR. Founded in 1959 by the European Convention on Human Rights, the ECHR is the highest civil human rights court in Europe. Of the 47 countries that are signatories to the convention, Turkey accounts for more that 11 percent of the court’s caseload.

On Oct. 11, 2005 the court agreed to hear the case. More than four years later, on June 10, it publicly issued a verdict.

In its decision, the court unanimously found that the Turkish Courts’ “refusal to register the foundation, although permitted under Turkish law, had not been necessary in a democratic society, and that there had been a violation of Article 11.”

Article 11 of the convention deals with the rights of people to associate and assemble with others.

“The applicants had been willing to amend the constitution of their foundation both to reflect their true aims and to comply with the legal requirements for registration,” the court decision stated. “However, by not allowing them time to do this – something they had done in a similar case – the Court of Cassation had prevented them from setting up a foundation that would have had legal status.”

The decision was issued by seven judges, one of them Turkish. The court awarded 2,500 euros (US$3,600) to each of the 16 members of the group, in addition to 5,200 euros (US$7,490) to the group as a whole.

After being forbidden to open a foundation, the Protestant group opened an association in 2004, after Turkish law had been amended allowing them to do so. Foundations and associations in Turkey differ mostly in their ability to collect and distribute money. The aims of the association were similar to that of the proposed foundation, with the exception of reference to supporting one particular community.

Ozbek said the directorate’s office has been the main obstacle in preventing people from forming Christian foundations.

“Now that they have the decision, they will be forced to say yes,” he said.

Report from Compass Direct News 

Muslim anti-Christian riots spread in Upper Egypt

It has been reported that today (Monday, November 23, 2009,) Muslim rioters looted and burned Coptic Christian businesses in the village of Abou Shousha, which lies 25 KM (nearly 16 miles) from Farshoot where recent violence had taken place, reports Dan Wooding, founder of ASSIST Ministries.

“The terrorized Coptic inhabitants of Abou Shousha have stayed indoors, their shops are closed and their children are being kept away from school,” wrote Mary Abdelmassih in a story for the Assyrian International News Agency (www.aina.org ). “They fear a repeat in their village of the Muslim violence which engulfed the town of Farshoot less than 36 hours earlier.

“The Middle East Christian Association (MECA) reported that at least three large Coptic stores and a pharmacy were looted and burnt in Abou Shousha and that the fire brigade arrived one hour late, although their headquarters is only 8 KM (5 miles) away from the village.”

Wagih Yacoub of MECA said, “They gave the pretext of being busy in Farshoot, which is untrue, as Farshoot had a quiet night. Coptic and Muslim neighbors tried to put the fire out.”

Abdelmassih went on to say that Bishop Kirrillos of the Nag Hamady Diocese said that a mob from the neighboring village of Abu Tesht torched the businesses in Abou Shousha. MECA reported that three girls were assaulted in the street by having bricks hurled at them. No serious injuries were reported.

On November 22, 2009, in a joint communiqué from fourteen Egyptian human rights organizations and lawyers called on President Hosni Mubarak to immediately intervene to save the Copts from the wrath of the mob and the subversive leaders behind them, who are seeking to sow discord and divisions among the Egyptians in the name of religion and “to hold accountable all involved in the incitement or attacks on the peaceful Copts in Farshoot.”

Abdelmassih wrote that the signatories to the statement asked President Mubarak to take the necessary measures to hold accountable the security force officials, who played the “role of spectator in the looting, arson and attacks on Coptic property in Farshoot.”

The communiqué strongly condemned the deportation and evacuation of the Copts in Farshoot from their homes and villages by the security forces, in violation of the provisions of the Egyptian Constitution which stipulates in Article 50 and 51 of the Code “No citizen may be prohibited from residing or be forced to reside in a specific area except in the circumstances set out in the law.

The NGOs’ statement stressed the right of the Coptic victims for compensation for the material losses and psychological damage, and strongly condemned the burning and insulting of the symbols of Christianity by the Muslims fanatics, and demanded everyone involved to be charged with the crime of “contempt of a heavenly religion.”

“It is estimated that over 80% of Coptic businesses have been destroyed in the 48 hours of violence in Farshoot,” said Abdelmassih.

A video can be viewed at http://www.youtube.com/watch?v=eYFsW-uABJg&feature=player_embedded . It was prepared by Free Copts advocacy and shows Muslim mobs chanting Allah Akbar (God is Great) while looting and burning Coptic businesses and shops.

Abdelmassih added that the Egyptian Union for Human Rights (EUHRO) has advised that it is preparing a file with all the financial losses and damages to Coptic-owned businesses and property in Farshoot in preparation for filing a civil and a criminal case against the Egyptian Prime Minister, the Governor of Qena and the perpetrators.

“They want the Copts to be poor and are therefore destroying the Coptic economy in these areas,” explained Wagih Yacoub.

Bishop Kirollos again condemned the grave violations against Christians and their property, affirming his belief that the attacks were preplanned. “Students of Al-Azhar Institute in Farshoot, were incited by their Dean who sent them out on a rampage against the Copts. They were joined by a great number of locals,” he said.

Report from the Christian Telegraph 

CHINA: OFFICIALS GRAPPLE WITH SPREAD OF CHRISTIANITY

Christians may face increased controls as government reacts to growth, public discontent.

BEIJING, February 4 (Compass Direct News) – Concerned by the growth of unregistered house church groups in an uncertain political and social climate, the Chinese government has ramped up efforts both to identify Christians and to portray Christianity as a subversive foreign force.

Sources told Compass that authorities in recent months have been quietly gathering data on church growth, with surveys at universities and workplaces pointedly asking whether respondents were Christians. The surveys seemed largely unconcerned about other religions.

At the same time, Communist Party officials have called meetings at various institutions in the capital to discuss supposed dangers of foreign religious influence. On Dec. 20 officials called a meeting at one of Beijing’s most prestigious cultural colleges to lecture faculty members about such dangers. A Christian teacher forced to attend told Compass that the lecturers distorted historical facts to impress upon her and her colleagues that Buddhism, Daoism and Islam were “indigenous” and therefore safe. The teacher noted that Islam, having come from the Middle East, could hardly be regarded as indigenous to China, and that Buddhism originally came from India but later took on Chinese characteristics.

By contrast, the officials told the teachers that Protestantism and Roman Catholicism were foreign and hence potentially “subversive.” Party members warned participants to be on guard against these faiths.

China’s leaders have warned that 2009 will be marked by increased unrest and demonstrations as public anger mounts against increasing unemployment and corruption. Also disconcerting to the government is Charter 08, an online pro-democracy initiative launched in mid-December and signed by an increasing number of Chinese Netizens. It calls for an end to the one-party system, an independent court and freedom of speech. Many of the original signatories were well-known pro-democracy lawyers and intellectuals, but the list now includes computer technicians, construction workers and farmers.

In response to these signs and portents of unrest, the government has begun to increase political and social control. Christian leaders told Compass they did not feel a huge crackdown was necessarily imminent, but they said the overall political climate had become more tense and that this would almost certainly affect unregistered house church Christians.

House church leaders in Beijing told Compass that conditions now seemed even “tighter” than in the period leading up to the Olympic Games last August. In previous years Christians rented halls and conference rooms for large-scale Christmas events, but last year’s Christmas celebrations were deliberately low-key.

A house church leader in a major northeastern city confirmed this general sense of caution. He added that he had seen an internal document leaked from the local Religious Affairs Bureau, dated in early January, which warned against “subversion” by supposedly hostile Christian forces from overseas.

The leaders were generally optimistic about the continuing work and growth of the church, with one Beijing pastor claiming more than 1,000 new converts were baptized last year in his group alone.

 

Mixed Signals

Chinese officials last November had initiated talks with Protestant house church Christians, raising hopes for greater freedom.

Meetings organized partly by the China State Council’s Research and Development Center brought together academics and lawyers, many of them house church members, and a delegation of six Protestant house church leaders from Beijing, Henan and Wenzhou. As the Times of London reported in January, however, no Catholic representatives were invited; the Communist Party remains in a political standoff with the Vatican. (See Compass Direct News, “Officials Reach Out to House Churches; Raids, Arrests Continue,” Dec. 9, 2008.)

At the time, church leaders involved in the discussions were cautiously optimistic. Pastor Ezra Jin of Beijing’s Zion Church told the Times, “The government … has understood that the Protestant church is not an opposition force but a force for stability and harmony.” He added that the government wanted to evaluate whether house churches posed a threat to the regime and to ask why they rejected the leadership of the Three Self Patriotic Movement, an official body appointed to oversee Protestant churches.

Despite these talks, house church raids and arrests have continued. On Jan. 16, Public Security Bureau officers forcibly removed pastor Zhang Mingxuan from fellow pastor Hua Huiqi’s house in Beijing and put him on a bus to Henan province, warning him not to return, the China Aid Association (CAA) reported.

Zhang had gone to visit Hua’s ailing father, Hua Zaichen. For years the elderly Hua and his wife, Shuang Shuying, have suffered harassment for their work with the unofficial church. Authorities have now denied Shuang, currently serving a two-year prison sentence, permission to visit her dying husband.

On Jan. 2, police raided a house church meeting in Urumqi, Xinjiang province, detaining 50 people. Later that day, 48 of them were released without charge; another was released after paying a 500 yuan (US$73) fine, and the last was sentenced to 10 days of administrative detention, according to CAA.

On Dec. 3, 2008, members of the Taikang County Domestic Defense Protection Squad burst into a private home in Chuanhui district, Zhoukou municipality, Henan, and arrested 50 Christians gathered there, CAA reported. About 20 of the detainees were sentenced to 15 days of administrative detention while leaders Tang Houyong, Shu Wenxiang and Xie Zhenqi were sentenced to one year of labor and re-education.

Some house church Christians have become more vocal in their calls for justice and religious liberty. For example, following the district court’s dismissal of a lawsuit on behalf of Tang Houyong and his companions, Tang’s wife filed a motion to dismiss the Chief Justice of the court for violating legal procedures.

With the specter of serious political and social unrest looming before officials in the face of China’s economic recession, such Christian protests could add to the government’s unease over the growing number and influence of house church Christians.

Report from Compass Direct News

INDONESIA: PASTOR FORCED TO STOP WORSHIP SERVICES IN HOME

Residents reject letter of permission from Religious Affairs department.

JAKARTA, September 25 (Compass Direct News) – Residents in North Jakarta have ordered the pastor of a small congregation to cease holding services in his home, despite a letter of permission issued by the Religious Affairs department.

On Sept. 12 village officials in South Rawa Badak, Koja district called a meeting with pastor Syaiful Hamzah and his wife Tiolida Sihotang, police officers, and representatives from the village mosque. Officials urged Hamzah and his wife to sign a document agreeing to cease all worship services in their home, effectively rejecting permission granted by Religious Affairs officials.

During the meeting, a sympathetic Muslim cleric, Wasi Sholeh, informed Hamzah that “certain people” had made violent threats against him, and that he could not guarantee Hamzah’s safety if he refused to sign the agreement. Mosque official Mohammad Ayub told Hamzah, a convert from Islam, that he should change his name to a Christian name, although there is no law in Indonesia requiring him to do so.

The couple eventually signed the document under duress. Other signatories included an official from the Religious Affairs department, Adi Eli Zendito, Ayub and village head Mohammad Maibu.

Hamzah has now arranged to hold services in a building used by a registered church about three kilometers (1.86 miles) away from his home. Aside from the rental fee, he will now have to rent cars to take congregation members to and from the service, since most of them have no means of transport.

Hamzah’s small congregation first began holding informal meetings in his home in 2003. Meetings were initially held on Saturdays. When numbers increased to 25, the congregation decided to hold worship services on Sunday mornings.

In accordance with a Joint Ministerial Decree regulating places of worship, Hamzah on Aug. 1 wrote to the Jakarta office of the Religious Affairs department describing his ministry and seeking permission to hold simple services in his home.

The department replied on Aug. 5 with a letter granting permission to hold such services.

Hamzah then submitted a copy of the letter to several local government offices, including the village council, local Public Order officials and the mayor’s office. He also advised local and district police stations of his ministry activities.

A few days later, he received a letter of objection from the community’s Public Order official, dated Sept. 7 and signed by a number of local residents.

The letter asked Hamzah to suspend worship services on the grounds that local Public Order officials had not given their consent, and it claimed that those attending were not resident in the village, a condition of the Joint Ministerial Decree.

Hamzah was then ordered to attend a meeting in Maibu’s office on Sept. 12 to settle the dispute.

Report from Compass Direct News