Can a senator be expelled from the federal parliament for offensive statements?

Anne Twomey, University of Sydney

In the wake of comments about the Christchurch massacre, members of the public have raised the question of whether a senator can be expelled from the Senate for making offensive statements.

It is now well known that members of parliament can have their seat vacated in the parliament due to their disqualification under section 44 of the Constitution for reasons including dual citizenship, bankruptcy, holding certain government offices or being convicted of offences punishable by imprisonment for one year or longer.

But there is no ground of disqualification for behaviour that brings a House of Parliament into disrepute. This was something left to the house to deal with by way of expulsion.

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Read more:
Dual citizenship debacle claims five more MPs – and sounds a stern warning for future parliamentarians

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What powers do the houses have to expel?

Section 49 of the Commonwealth Constitution provides that until the Commonwealth parliament declares the powers, privileges and immunities of its houses, they shall be those the British House of Commons had at the time of federation (1901).

The House of Commons then had, and continues to have, the power to expel its members. The power was rarely exercised, but was most commonly used when a member was found to have committed a criminal offence or contempt of parliament. Because of the application of section 49 of the Constitution, such a power was also initially conferred upon both houses of the Australian parliament.

The House of Representatives exercised that power in 1920 when it expelled a member of the Labor opposition, Hugh Mahon. He had given a speech at a public meeting that criticised the actions of the British in Ireland and expressed support for an Australian republic.

Prime Minister Billy Hughes (whom Mahon had previously voted to expel from the Labor Party over conscription in 1916), moved to expel Mahon from the House of Representatives on November 11 – a dangerous date for dismissals. He accused Mahon of having made “seditious and disloyal utterances” that were “inconsistent with his oath of allegiance”. The opposition objected, arguing that no action should be taken unless Mahon was tried and convicted by the courts. Mahon was expelled by a vote taken on party lines.

In 2016, a private member’s motion was moved to recognise that his expulsion was unjust and a misuse of the power then invested in the house.

The power of the houses to expel members, as granted by section 49, was subject to the Commonwealth parliament declaring what the powers, privileges and immunities of the houses shall be. This occurred with the enactment of the Parliamentary Privileges Act 1987.

It was enacted as a result of an inquiry by a parliamentary committee, which pointed out the potential for this power to be abused and that as a matter of democratic principle, it was up to voters to decide the composition of the parliament. This is reinforced by sections seven and 24 of the Constitution, which say that the houses of parliament are to be “directly chosen by the people”.

As a consequence, the power to expel was removed from the houses. Section 8 of the Parliamentary Privileges Act 1987 says:

A House does not have power to expel a member from membership of a House.

This means that currently neither house of the Commonwealth parliament has the power to expel one of its members.

Could the position be changed?

Just as the parliament had the legislative power to limit the powers and privileges of its houses, it could legislate to amend or repeal section eight so that a house could, in future, expel one of its members, either on any ground or for limited reasons.

Whether or not this is wise remains doubtful. The reasons given by the parliamentary committee for the removal of this power remain strong. The power to expel is vulnerable to misuse when one political party holds a majority in the house. Equally, there is a good democratic argument that such matters should be left to the voters at election time.

However, expulsion is still an option in other Australian parliaments, such as the NSW parliament. It’s used in circumstances where the member is judged guilty of conduct unworthy of a member of parliament and where the continuing service of the member is likely to bring the house into disrepute.

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It is commonly the case, though, that a finding of illegality, dishonesty or corruption is first made by a court, a royal commission or the Independent Commission Against Corruption before action to expel is taken. The prospect of expulsion is almost always enough to cause the member to resign without expulsion formally occurring. So, actual cases of expulsion remain extremely rare.

Are there any other remedies to deal with objectionable behaviour?

The houses retain powers to suspend members for offences against the house, such as disorderly conduct. But it is doubtful that a house retains powers of suspension in relation to conduct that does not amount to a breach of standing orders or an “offence against the house”. Suspension may therefore not be available in relation to statements made outside the house that do not affect its proceedings.

Instead, the house may choose to censure such comments by way of a formal motion. Such motions are more commonly moved against ministers in relation to government failings. A censure motion is regarded as a serious form of rebuke, but it does not give rise to any further kind of punishment such as a fine or suspension.

The primary remedy for dealing with unacceptable behaviour remains at the ballot box. This is a pertinent reminder to all voters of the importance of being vigilant in the casting of their vote to ensure the people they elect to high office are worthy of fulfilling it.

Anne Twomey, Professor of Constitutional Law, University of Sydney

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

The government’s multicultural statement is bereft of new ideas or policies – why?

Malcolm Turnbull often claims Australia is the world’s most successful multicultural nation.
AAP/Lukas Coch

Andrew Jakubowicz, University of Technology Sydney

The slogan for the federal government’s newly released multicultural statement – United, Strong, Successful – sounds somewhat like a soundbite from Donald Trump’s presidential campaign.

It starts with an untruth – that Australia is the world’s most successful multicultural nation. Canada would win that race on any rational criteria. But the new policy stays fairly much in the place where government rhetoric has been located for the past generation – social control and integration.

Conservative multicultural policies in Australia tend to stress social integration into the pre-existing social order, aspirational core values, and signing on to “Team Australia”. More progressive policies tend to stress social, economic and political participation, social justice, and access to education.

What’s in it and where did it come from?

Labor’s last multicultural policy in government in 2011 began with similar statements about multiculturalism meaning a fair go. It noted the importance of reciprocity and recognition. It also emphasised the rule of law and the importance of English as the national language.

The policy created an anti-racism partnership. Its key message was social inclusion.

Since then, a parliamentary committee on migration unanimously supported key innovations in its 2013 report. These included a strong national research program, the promotion of multiculturalism as a policy of rights, responsibilities and obligations in community languages, the promotion of inter-faith and intercultural dialogue, and a focus on employment-related issues.

The Federation of Ethnic Communities’ Councils of Australia, a peak body of many multicultural groups, has criticised the Coalition government’s new statement for not tackling the need for either a national Multicultural Australia Act – which was first foreshadowed in 1989 – or a national language policy. This would mirror some of the benefits created for Canada by its own legislation from the early 1980s, and in the Australian states since 1978.

The statement accepts many of the traditional rhetorical elements of the multicultural narrative. “Fair go” reappears, for one. Three groups of values are presented – respect, equality and freedom. These grow from the seven values espoused by the Howard-era Citizenship Council report and the four principles in Labor’s policy.

However, the statement has no interest in social justice. Multiculturalism seems to depend on maintaining the Nauru and Manus Island offshore detention options in order to have strong borders.

In the examples given of how multiculturalism is being implemented, the anti-racism strategy created by the previous government and continued until now is no longer mentioned. The statement offers no new policy initiatives – only a beefing up of the surveillance and integration priorities.

The idea that cultural difference creates productivity which ensures greater wealth and prosperity perhaps reflects Prime Minister Malcolm Turnbull’s input.

“Multiculturalism” as a philosophy is never mentioned. “Multicultural” is defined through its application to a lot of people of different cultural backgrounds living in the same society.

What now?

The statement claims the government will “condemn people who incite racial hatred”. But the ongoing attempts by many government MPs to reduce the protections Section 18C provides against this suggest the level of racial hatred that will be condemned will need to meet a much higher test than now exists.

There is something for nearly everyone in the rhetoric. Even One Nation likes it. But there’s nothing for anyone in terms of new ideas or actions.

The statement’s main effect will be inaction. The critical need for an Australian Multicultural Act to ensure a strong espousal of values and strong and funded delivery to implement them has once more been rejected.

The sector is left without any program bite, just more rhetoric. Its limited and highly vulnerable projects can be abandoned at the government’s whim.

Multicultural Australia remains on the very edge of government, the most junior of the junior assistant ministries. It’s dependent for any movement on weak product champions for its cause scattered through other parts of government.

There’s much ado about not very much at all in this announcement. And key areas like anti-racism are always at risk of disappearing in the next round of budget savings.

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Further reading: Interculturalism: how diverse societies can do better than passive tolerance

Andrew Jakubowicz, Professor of Sociology, University of Technology Sydney

This article was originally published on The Conversation. Read the original article.

India Briefs

Recent Incidents of Persecution

Karnataka, India, April 15 (CDN) — Police on April 10 arrested a pastor and other Christians of the New India Church in Mysore after some 25 Hindu extremists from the Sreeram Sena attacked their Sunday service, accusing them of forcible conversions, reported the Mathrubhumi daily. Pastor Vinod Chacko was leading the service when the Hindu nationalists barged into the church, stopped the prayer service and complained to police of alleged forcible conversions. The Global Council of Indian Christians reported that the extremists along with police detained the worshippers inside the church building, including 20 women and 10 children, taking down personal details about them and asking them whether they were paid money or otherwise lured to attend. Police also seized vehicles belonging to the church and those attending the service. Police charged Pastor Chacko, his wife Asha and others identified only as Sabu, Simon and Sayazu under section 295A of the Indian Penal Code with “deliberate and malicious acts intended to outrage religious feelings.”

New Delhi – A mob of about 150 Hindu extremists on April 9 attacked a Christian worship meeting in Bhajanpura, East Delhi, beating Christians with clubs and stones, including women and children. Pastor Solomon King told Compass that the Assembly of God church organized an open-air “Festival of Deliverance” meeting at which he was speaking; there were about 150 people in the arena when he arrived with 40 choir members. After the meeting began at about 6 p.m., some present suddenly shouted “Jai Shri Ram [Praise Lord Ram]” and started beating the Christians. Two Christians identified only as Prabhu and Abhisek sustained head injuries and received hospital treatment. Pastor King, his wife and other Christians also suffered bruises. The intolerant Hindus also destroyed furniture, a sound system, a generator and some Christians’ vehicle. The Christians had received permission from government officials to conduct the worship meeting, and five police officers were on duty to protect it; the Hindu extremists also severely beat them. The attack lasted for about an hour before police reinforcements arrived, and the extremists fled. Police were able to arrest two of the assailants.

Madhya Pradesh – An enraged mob of Hindu extremists on April 7 stormed into the prayer meeting of a Christian Assembly house church shouting anti-Christian slogans and filed a police complaint of forceful conversion against those present in Sagar. The Hindu extremists accused Pastor Joy Thomas Philip of forceful conversion, Pastor C.P. Mathew of Bhopal told Compass. Police arrived and took Pastor Philip and three other Christians into custody for questioning but claimed it was a protective measure. After area Christian leaders’ intervention, the Christians were released on bail on April 9.

Karnataka – Mulki Circle police officials on April 4 forcibly took church documents from Hebron Assembly Church in Mulki and told the pastor not to allow any Hindus to enter. The Global Council of Indian Christians reported that officials identified only as Inspector Shivaprakash and Sub-Inspector Neelakanta, along with five police officers, verbally abused Pastor I.D. Prasanna and harshly denigrated church activities. Police officials questioned Pastor Prasanna for three hours, telling him what church activities he can and cannot undertake, and threatening to close the church if he disobeyed. They also ordered the pastor to give detailed information about the families that attended the church service.

Karnataka – Police in Shimago on April 3 detained Pastor Abraham K.G. and a Christian identified only as Eerappa for their faith in Christ. The Global Council of Indian Christians (GCIC) reported that Hindu extremists led by area Bajrang Dal member Subbraya Shetty interrupted the worship meeting of the Jehovah Nizzi church and warned them to stop meeting. The extremists had been harassing the pastor since March 27, reported the GCIC. As the April 3 service started at about 10:30 a.m., a sub-inspector from the Hosanagara police station arrived in a Jeep with three other police officers to make the arrests. When the Christians asked about the reasons, the officials said without basis that the Christians were using abusive language. Later that evening, police released the Christians without charges after taking a statement from them pledging that they would conduct no future worship meetings – and that they should leave the area.

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

China Keeps Church Leaders from Public Worship Attempt

Police put pastors under house arrest over weekend, before detaining at least 160 on Sunday.

DUBLIN, April 11 (CDN) — Police in China held “about two dozen” pastors and elders of Beijing’s Shouwang Church under house arrest or at police stations over the weekend to keep them from attending a Sunday worship service in a public location, according to Bob Fu of the China Aid Association.

Three top leaders of the church remain in jail and several others are under strict surveillance after  hundreds of Chinese police yesterday cordoned off the walkway to a third-floor outdoor meeting area adjacent to a property purchased by the church in Haidian district, Beijing, and arrested at least 160 members of the 1,000-strong church as they tried to assemble.

The church members were bundled into waiting vans and buses to prevent them from meeting as planned in the public space, Reuters and The Associated Press (AP) reported, and most had been released by today.

Church leaders claimed officials had pressured their landlords, forcing them out of both rented and purchased locations and leaving them no choice but to worship in the open.

“The government cornered them into making this decision,” Fu said, adding that the church had initially tried to register with the government. “They waited for two years, and when the government still denied them registration, they tried to keep a low profile before finally deciding to buy the Daheng New Epoch Technology building.”

Shouwang is a very unique church, he said.

“Most members are well-educated, and they include China’s top religious scholars and even former government officials, which may be a factor in the government’s response to them,” he said.

As one of the largest house churches in Beijing, Shouwang is unique in insisting on meeting together rather than splitting the congregation into smaller groups meeting in several locations, Fu said. Zion church, for example, may have more members than Shouwang, but members meet in smaller groups across the city.

“This is based on the founding fathers’ vision for Shouwang Church to be a ‘city on a hill,’” as stated in the Bible in Matthew chapter five, Fu explained. “So they’ve made a conscious decision not to go back to the small-group model. Either the government gives them the keys to their building or gives them written permission to worship in another location, or they will continue meeting in the open.”

Police arrested anyone who showed up to take part in the service, AP reported.

 

‘Most Basic Necessity’

Church leaders last week issued a statement to the congregation explaining their decision to meet outdoors.

“It may not be the best decision, but at this time it is an inevitable one,” the statement said, before reminding church members that the landlord of their premises at the time, the Old Story Club restaurant, had come under government pressure and repeatedly asked them to leave, while the previous owners of the Daheng New Epoch Technology building, purchased a year ago by the church for 27.5 million RMB (US$4.2 million), had refused to hand over the keys. (See, “Church in China to Risk Worshipping in Park,” April 7.)

The church had already met outdoors twice in November 2009 before officials gave tacit consent to move to the Old Story Club restaurant. Officials, however, again prevented Shouwang Church from meeting in May and August of last year.

Fu said it was common for government officials across China to pressure landlords into revoking leases for house church groups.

“For example, right now I know of at least two churches that were made ‘homeless’ in Guangzhou this week, including one church with at least 200 members,” he said.

Shouwang’s statement pointed to Article 36 of China’s Constitution, which grants every citizen freedom to worship, and the Universal Declaration of Human Rights, ratified by China, which states that every citizen has the right to observe his religion or belief “either alone or in community with others and in public or private.”

For this reason the church planned to meet outdoors until officials granted legal, written permission to worship in an approved location – preferably at the building purchased by the church.

The document also advised church members not to resist if they were held under house arrest or arrested at the Sunday venue.

“Objectively speaking, our outdoor worship must deliver this message to the various departments of our government: attending Sunday worship is the most basic necessity for Christians in their life of faith,” the statement concluded.

The number of Protestant house church Christians in China is estimated at between 45 and 60 million, according to Yu Jianrong, a professor at the Chinese Academy of Social Sciences Rural Development Institute, with a further 18 to 30 million people attending government-approved churches.

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

Malaysian Christians Seek to End Restrictions on Malay Bibles

Federation calls for removal of ‘every impediment’ to importing and printing Scripture.

KUALA LUMPUR, Malaysia, April 6 (CDN) — Christian importers of Bibles that Malaysian officials detained are balking at conditions the government has imposed for their release, such as defacement of the sacred books with official stamps.

The Home Ministry stamped the words, “This Good News [Malay] Bible is for use by Christians only” on 5,100 Bibles without consulting the importer, the Bible Society of Malaysia (BSM), which initially refused to collect them as it had neither accepted nor agreed to the conditions. The Home Ministry applied the stamp a day after the government on March 15 issued a release order for the Bibles, which had been detained in Port Klang, 38 kilometers (24 miles) southwest of Kuala Lumpur, since March 20, 2009.

Another 30,000 Bibles detained since Jan. 12 on the island of Borneo remain in port after the Sarawak state Home Ministry told the local chapter of Gideons International that it could collect them if the organization would put the stamp on them. Gideons has thus far declined to do so, and a spokesman said yesterday (April 5) that officials had already defaced the books with the stamp.

The government issued letters of release to both organizations on March 15 under the condition that the books bear the stamp, “Reminder: This Good News [Malay] Bible is for use by Christians only. By order of the Home Minister,” and that the covers must carry a serial number, the official seal of the department and a date.

The Home Ministry’s stamping of the BSM Bibles without the organization’s permission came under fire from the Christian community. In a statement issued on March 17, Bishop Ng Moon Hing, chairman of the Christian Federation of Malaysia (CFM), described the Home Ministry’s action as desecration.

“[The] new conditions imposed on the release of the impounded Bibles … is wholly unacceptable to us,” he added.

Ng described the conditions imposed by the Home Ministry as tantamount to treating the Malay Bible as a “restricted item” and subjecting the word of God to the control of man. In response, Home Minister Hishammuddin Hussein has said the act of stamping and serialization was standard protocol.

 

Government Overtures

In the weeks following the March 15 release order, the government made several attempts to try to appease the Christian community through Idris Jala, a Christian from Sarawak state and a minister in the Prime Minister’s Department.

Idris issued the government’s first statement on March 22, explaining that officials had reduced earlier conditions imposed by the Home Ministry to require only the words, “For Christianity” to be stamped on the covers of the Bible in font type Arial, size 16, in bold.

Idris informed BSM that the Bibles could be collected in their present state or arrangements could be made to have stickers with the words “For Christianity” pasted over the imprint of the stamps made by the Home Ministry officials. In the event that this was not acceptable, the minister pointed out that BSM had the option of having the whole consignment replaced, since the government had received an offer from Christian donors who were prepared to bear the full cost of purchasing new Bibles.

In response, the CFM issued a statement on March 30 saying, “The offer made does address the substantive issues,” and called on the government “to remove every impediment, whether legal or administrative, to the importation, publication, distribution and use of the [Malay Bible] and indeed to protect and defend our right to use the [Malay Bible].”

Bishop Ng, however, left it to the two importers to decide whether to collect the Bibles based on their specific circumstances.

On March 31, BSM collected the mishandled Bibles “to prevent the possibility of further acts of desecration or disrespect.” In a press statement, BSM officials explained that the copies cannot be sold but “will be respectfully preserved as museum pieces and as a heritage for the Christian Church in Malaysia.” The organization also made it clear that it will only accept compensation from the Home Ministry and not from “Christian donors,” a term it viewed suspiciously.

On Saturday (April 2), Idris issued a 10-point statement to try to resolve the impasse. Significantly, this latest overture by the government included the lifting of present restrictions to allow for the local printing and importation of Malay and other indigenous-language Bibles into the country.

In Sarawak and Sabah, there would be no conditions attached to Bibles printed locally or imported. There also would be no prohibitions and restrictions on residents of these two states carrying such Bibles to other states. A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life, and having the Bible in the Malay language is considered critical to the practice of their Christian faith.

In the case of West Malaysia, however, in view of its larger Muslim population, the government imposed the condition that the Bibles must have the words “Christian publication” and the sign of the cross printed on the front covers.

 

Christian Response

Most Christians responded to this latest overture with caution. Many remained skeptical, seeing it as a politically motivated move in view of Sarawak state elections on April 16. Nearly half of Sarawak’s population is Christian.

Bolly Lapok, an Anglican priest, told the online news agency Malaysian Insider, “It’s an assurance, but we have been given such assurances before.” BSM General-Secretary the Rev. Simon Wong reportedly expressed the same sentiments, saying the Home Ministry already has a record of breaking its word.

The Rev. Thomas Phillips of the Mar Thoma Church, who is also president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism, questioned the timing of the proposal: “Why, after all these years?”

The youth wing of the Council of Churches rejected the proposal outright, expressing fears that the government was trying to “buy them over” for the Sarawak election, and that it would go back on its word after that.

Bishop Paul Tan, president of the Catholic Bishops’ Conference of Malaysia, called the proposal an “insidious tactic of ‘divide and rule,’” referring to its different requirements imposed on Malaysians separated by the South China Sea. Dr. Ng Kam Weng, research director at Kairos Research Centre, stressed that the proposal “does not address the root problem of the present crisis, i.e. the Allah issue.”

 

Muslim Reactions

The 10-point proposal has also drawn the ire of Muslim groups, who view it as the government caving in to Christian pressure.

Perak Mufti Harussani Zakaria expressed his disappointment, reportedly saying, “If the government does this, just cancel the law,” in reference to various state Islamic enactments that prohibit the use of the word “Allah” and other so-called Islamic terms that led to the banning of the Malay Bible. Malay Bibles have not been allowed to be printed locally for fear that they will utilize “prohibited” words.

The Muslim Organizations in Defense of Islam (Pembela) threatened to challenge the 10-point proposal in court if it was not reviewed in consultation with Muslim representatives.

On the same day Pembela issued its statement, the government seemed to have retracted its earlier commitment. The Home Minister reportedly said talks on the Malay Bibles were still ongoing despite Idris’ 10-point proposal, which purportedly represents the Cabinet’s decision.

As a result, James Redas Noel of the Gideons said yesterday (April 5) that he was confused by the mixed messages coming from the government and will not make a decision on whether to collect the Bibles until he had consulted church leaders on the matter, according to the Malaysian Insider.

The issue with the Malay Bibles is closely tied to the dispute over use of the word “Allah” by non-Muslims.

In a controversial court ruling on Dec. 31, 2009, judge Lau Bee Lan had allowed The Herald, a Catholic newspaper, to use “Allah” for God in the Malay section of its multilingual newspaper.

The Home Ministry filed an appeal against this decision on Jan. 4, 2010. To date, there is no indication as to when the case will be heard.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

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

Christian in Bangladesh Goes to Prison for Evangelism

DHAKA, Bangladesh, March 23 (CDN) — A Christian has been sentenced to one year in prison for “creating chaos” by selling and distributing Christian books and other literature near a major Muslim gathering north of this capital city.

A magistrate court in Gazipur district handed down the sentence to Biplob Marandi, a 25-year-old tribal Christian, on Feb. 28 after he was arrested near the massive Bishwa Ijtema (World Muslim Congregation) on the banks of the Turag River near Tongi town on Jan. 21.

A copy of the verdict says that he was sentenced according to Section 296 of Bangladeshi law 1860 for “creating chaos at a religious gathering.”

“Duty police found Marandi creating chaos as he was propagating his religion, Christianity, by distributing the tracts as a mobile court on Jan. 21 was patrolling near the field of the Bishwa Ijtema,” the verdict reads. “The accusation – creating chaos at a Muslim gathering by distributing Christian booklets and tracts – against him was read out in the court before him, and he admitted it. He also told the court that he had mainly wanted to propagate his religion, Christianity.”

The Rev. Sailence Marandi, pastor at Church of Nazarene International in northern Thakurgaon district and older brother of Biplob Marandi, told Compass that there was no altercation when his brother was distributing Christian tracts; likewise, the verdict makes no mention of any confrontation.

“I guess some fanatic Muslims found my brother’s works un-Islamic,” he said. “They created chaos and handed over my brother to the police and the mobile court.”

Pastor Marandi said he could not understand how a court could determine that one man could disturb a gathering of hundreds of thousands of Muslims.

“Fanatic Muslims might say this impossible thing, but how can the honorable court can say it?” he said. “In the verdict copy it is written that my brother admitted his offense in the court. This case being very religiously sensitive, I suspect that his confession statement might have been taken under duress.”

Pastor Marandi said his brother was selling Christian books to supplement his livelihood as an evangelist on a street near the event, and there were many curious pedestrians of all faiths among Muslims from around the world.

“Where there were more people, he would go there for selling books and distributing Christian tracts,” he said.

The pastor said he was surprised that Marandi was convicted and sentenced so quickly.

“My brother did not get the chance for self-defense in court,” he said. “Without opportunity for self-defense, sentencing him for one year for evangelical activities was a travesty of justice. It cannot be accepted in a democratic country.”

He added that the family hired a Muslim lawyer for Marandi who did little for him.

“If he had worked, then there would have been cross-examination regarding the confession statement,” Pastor Marandi said. “I think that some Muslim fanatics could not tolerate his evangelical activities near the religious gathering place and handed him over.”

The family has since hired a Christian attorney, Lensen Swapon Gomes, who told Compass that he filed an appeal on Monday (March 21) as Marandi’s religious activities were protected by the religious freedom provisions of the country’s constitution.

“I appealed to the court for his bail and also appealed for his release from the one-year punishment,” said Gomes. “I hope that the honorable court will consider his case, because he is an innocent man and a victim of circumstances. The offense for which he is convicted is bailable.”

The Bangladeshi constitution provides the right for anyone to propagate their religion subject to law, but authorities and communities often objected to efforts to convert people from Islam, according to the U.S. Department of State’s 2010 International Religious Freedom report.

Every year several million male Muslims – women are not allowed – attend the event to pray and listen to Islamic scholars from around the world. Some 9,000 foreigners from 108 countries reportedly attended the event, but most of the worshippers are rural Bangladeshis. About 15,000 security personnel were deployed to maintain order.

Bangladeshi Muslims equate the annual event with the Hajj, the Islamic pilgrimage to Mecca in Saudi Arabia. This year the Bangladesh event was held in two phases, Jan 21-23 and Jan. 28-30.

Jagadish Edward, academic dean of Gloria Theological Seminary in Dhaka, told Compass that Marandi had engaged in evangelical work after completing three years at the seminary in 2005. Marandi had come to Dhaka from northern Thakurgaon district some 400 kilometers (249 miles) away.

“He was very polite and gentle,” said Edward. “As an evangelist, he knew how to respect other religions. I was really surprised when I heard he was arrested and sentenced for one year.”

At the same event in 2009, Muslim pilgrims beat and threatened to kill another Bible school student as he distributed Christian literature. A patrolling Rapid Action Battalion elite force rescued Rajen Murmo, then 20, a student at Believers’ Church Bible College, on Feb. 1, 2009.

Bangladesh is the world’s third-largest Muslim-majority nation, with Muslims making up 89 percent of its population of 164.4 million, according to Operation World. Christians are less than 1 percent of the total, and Hindus 9 percent.

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

Blast Kills 21 outside Church in Alexandria, Egypt

Bomb explodes as Christians leave New Year’s Eve Mass.

LOS ANGELES, January 3 (CDN) — At least 21 people were killed and scores were wounded on Saturday (Jan. 1) when a bomb outside a church in Alexandria, Egypt exploded as congregants were leaving a New Year’s Eve Mass celebration.

The explosion ripped through the crowd shortly after midnight, killing instantly most of those who died, and leaving the entrance-way to the Church of the Two Saints, a Coptic Orthodox congregation, covered with blood and severed body parts.

The blast overturned at least one car, set several others on fire and shattered windows throughout the block on which the church is located.

Egyptian authorities reportedly said 20 of the victims have been identified. At least 90 other people were injured in the blast, 10 seriously. Among the injured were eight Muslims. Many of the injured received treatment at St. Mark’s Hospital.

Burial services for some of the victims started Sunday (Jan. 2) in Alexandria, located in northern Egypt on the Mediterranean Sea.

Witnesses reportedly said a driver parked a car at the entrance of the church and then ran away seconds before it exploded. Government officials have claimed they found remnants of the bomb, filled with nails and other make-shift shrapnel, at the site; they suspect an unidentified suicide bomber, rather than a car bombing.

No one has claimed responsibility for the bombing, but the attack comes two months after an Islamic group known as the Islamic State of Iraq (ISI) issued a threat stating that, “All Christian centers, organizations and institutions, leaders and followers are legitimate targets for the muhajedeen [Muslim fighters] wherever they can reach them.”

Claiming they would open “rivers of blood” upon Christians, the group specifically threatened Egyptian Christians based an unsubstantiated rumor that two Coptic women, both wives of Orthodox clergy, were being held against their will after converting to Islam. The statement came after ISI claimed responsibility for an attack on a Baghdad church during mass in which 58 people were killed.

The Egyptian government continues to suspect foreign elements mounted the Alexandria attack, but an unconfirmed report by The Associated Press, citing anonymous government sources, said an Egyptian Islamic group is being investigated.

Bishop Mouneer Anis, head of the Episcopal Diocese of Egypt, said in a written statement that he thinks the attack was linked to the Iraqi threats. He added that his church has taken greater security measures at its downtown Cairo location.

“We pray with all the people of Egypt, Christians and Muslims, [that they] would unite against this new wave of religious fanaticism and terrorism,” he said.

For weeks before the ISI issued its threat, Alexandria was the site of massive protests against the Orthodox Church and its spiritual leader, Pope Shenouda III. Immediately after Friday prayers, Muslims would stream out into the streets surrounding mosques, chant slogans against the church and demand the “return” of the two women. Before that, as early as June, clerics from at least one central Alexandria mosque could be heard broadcasting anti-Christian vitriol from minaret loudspeakers during prayers, instructing Muslims to separate themselves entirely from their Christian countrymen.

The Alexandria bombing comes almost a year after a shooting in Nag Hammadi, Egypt left six Christians and one Muslim security guard dead. In the Jan. 6, 2010 attack, a group of men drove by St. John’s Church, 455 kilometers (282 miles) south of Cairo, and sprayed with gunfire a crowd leaving a Coptic Christmas Eve service.

Three men were eventually charged with the shootings, but the case has yet to be resolved.

Egypt wasn’t the only place in the Middle East plagued with anti-Christian violence over the holiday season.

The day before bombers struck the Alexandria church, an elderly Christian couple in Baghdad was killed when terrorists placed a bomb outside of their home, rang the doorbell and walked away, according to media and human rights reports. The bombing happened at the same time other Christian-owned homes and neighborhoods throughout Baghdad were being attacked.

Estimates of the number of people wounded in the attacks in Iraq range from nine to more than 13.

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

Christians in Turkey Acquitted of ‘Insulting Turkishness’

But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

 

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” Polat told Compass last year. “In Turkey, constitutionally speaking, it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Report from Compass Direct News

Church in Indonesia Forced to Accept Worship Terms of Islamists

Muslim groups, city officials dictate where church can hold services.

JAKARTA, Indonesia, October 15 (CDN) — A church in Banten Province that has been in conflict with Muslim groups for more than two years was compelled to cease meeting in the pastor’s home last week in a bid to put an end to harassment and threats.

The Sepatan Baptist Christian Church (GKB Sepatan) in Pisangan Jaya village, Sepatan, in Tangerang district, conceded that it would no longer worship in the home of the Rev. Bedali Hulu but rather in the facilities of two other churches.

In exchange, officials agreed to process a temporary worship permit that would presumably remove the pretext for Islamic protests against the church, but they refused to accept a deadline for doing so. Pastor Hulu argued at the Oct. 7 meeting with officials and Islamic groups that local government officials be given a three-month deadline for granting the temporary worship permit, but the officials insisted on a “flexible” time for issuing it.

Tangerang district authorities had issued a decree on Jan. 21 ordering all worship activities to cease at the church. Officials had pressured church leaders to sign a statement that they would stop all worship activities, but they refused.

Pastor Hulu said that he had received the government order on Jan. 26. The church had permission to worship from both local citizens and Christians in accordance with a Joint Ministerial Decree promulgated in 1969 and revised in 2006, he said, but pressure from Islamic groups forced local officials to try to close the church.

Representing Islamic interests in the five-hour long deliberations of Oct. 7 was the Communication Forum for Religious Harmony (FKUB) of Tangerang City. Local officials included the Sepatan district chief, Sepatan sector police chief, the sub-district military commander of Sepatan, Civil police, and an official from the Ministry of Religious Affairs of Tangerang.

Pastor Hulu said he felt forced to accept the terms of the Islamic group and officials.

“Actually, we want the district to facilitate our worship by letting us use the function room of their office,” he said. “Also, we hope for the government to grant permission for our worship in accordance with the Joint Decree.”

A member of the Tangerang FKUB, Abdul Razak, said the talks resulted in the city and the Tangerang FKUB committing to help the congregation to worship temporarily in the nearest church buildings, which are seven kilometers (more than four miles) away in Kedaung, East Sepatan and belong to the Assemblies of God and the Pentecostal Church in Indonesia.

But those two churches use their buildings from 6 a.m. until noon on Sundays, Pastor Hulu said.

“Our congregation wants to worship between 10 am to 12 noon, because after 12 worship would conflict with family customs that are usually done at that hour,” he said.

Because of the incompatibility in worship times, the pastor said, GKB Sepatan appealed to a member of the FKUB Tangerang identified only as Zabir, who only suggested Pastor Hulu adhere to the FKUB consensus.

Although the Muslim groups and city officials were able to dictate where the church should worship in the coming months, they allowed the congregation to worship in one of the church members’ homes on Sunday (Oct. 10), as long as it wasn’t Pastor Hulu’s house, he said.

“Next week, if the local government has not been able to facilitate a place of worship to us, then we will worship from house to house,” the pastor said.

The church had worshipped in Pastor Hulu’s house since November 2008. Previously worship rotated among various members’ homes, reducing the congregation from 90 people to 30, he said, but now the congregation numbers 150.

The church has established good relationships with communities, religious leaders and local government, he said.

“First, we helped victims of the tsunami in Aceh in 2007,” Pastor Hulu said. “Second, we provided basic food, rice, blankets to flood victims in the village of Pisangan Jaya. Third, we have helped provide free medical treatment for residents affected by flooding in the village of Pisangan Jaya.”

The Oct. 7 agreement is yet to be signed. Razak said that the FKUB would draft an agreement for all parties to sign.

“If these problems can be resolved properly, then this will be a moment in history that the district of Tangerang was able to resolve religious issues, particularly related to the establishment of houses of worship,” he said.

The chairman of the Tangerang City FKUB, M. Syuro, said the meetings were necessary to forestall tensions as Tangerang is so close to Jakarta, 20 kilometers (12 miles) east.

Report from Compass Direct News