Judges Rule Church in Bekasi, Indonesia Can Worship

Court revokes decree prohibiting Christian activities of HKBP Filadelfia.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News

Christians Most Hit by Religious Freedom Violations

Mob succeeds in getting local official to shut down HKBP church in West Java.

JAKARTA, Indonesia, January 21 (CDN) — A moderate Muslim research institute focusing on interfaith issues in Indonesia reported 35 cases of government violations of religious freedom – including 28 against Christians – and 93 instances of community intolerance of churches in 2009.

The Wahid Institute issued a year-end report of violations that included the revocation of the building permit for the HKBP Cinere Church – later overturned in court – opposition to a Catholic Church in Purwakarta and an order forbidding worship by the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi, West Java.

The highest number of violations occurred in West Java, with 10 cases, including seven against Christians; next was East Java with eight, including four against Christians, followed by Jakarta Province with four (three against Christians). In Central Java, two of three religious violation cases were against Christians, and in West Nusa Tenggara, one of the three violations violated Christians’ rights.

Government infractions included closing churches and failing to intervene in mob actions. Police were cited in 18 cases, provincial governments in eight, village and sub-district governments in six cases each and courts in two incidents.

Just as government violations were highest in West Java, community intolerance there was also highest with 32 cases, of which 14 were against Christians. Next was Jakarta, where eight of 15 cases of community intolerance were against Christians, then East Java where six of 14 cases hurt Christians. In Central Java, Christians were the victims in five of the 13 cases of community intolerance.

In West Java, the root problem is the spread of hatred against religious groups, including Christians and Jews, according to the report.

While the reported violations of religious freedom were lower than in 2008, the issue of religious intolerance continued to grow during 2009, aided by legislative and presidential elections as religion is often used to gain votes in Indonesian elections, according to the study. The overall figure of 128 cases of violations of religious freedom by government or society in 2009 represents a drop from the 2008 figure of 234 cases, according to the Wahid Institute.

Yenny Zanuba Wahid, director of the institute, told Compass that the government has not considered freedom of religion an important issue that needed attention. As a result, the government has not addressed reports of intolerance even in the face of international pressure.

“The government has been timid to acknowledge violations of religious freedom, but these are real and are carried out directly by government bodies or indirectly as a result [of government] policies,” Wahid said.

Muslims make up 88.2 percent of Indonesia’s population of about 240 million people, with Protestant Christians making up 5.9 percent, Catholics 3.1 percent, Hindus 0.8 percent, Buddhists 0.2 percent, and other religions 0.2 percent.

Church Closure

In West Java, mob efforts to shut down the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi succeeded on Dec. 31 when the district officer issued a decree ordering a stop to all worship activities at the site of the church building under construction.

The decree ordered that the construction of the building stop, and that the structure not be used for worship until the building permit process was final. The district officer based his recommendation upon a 1990 rule regarding building permits in Bekasi.

Tigor Tambubolon, head of the church building committee, acknowledged that the building permit had not been formally granted even though the process had been under way since 2000.

“We already have the permission of the Jejalen citizens,” Tambubolon told Compass. “That’s why we were brave enough to hold Christmas Eve services.”

Last Christmas Eve hundreds of protestors demanding a halt to worship demonstrated against services at the site, where 279 Christians had gathered.

A New Year’s service scheduled to take place at the site moved to the office of the village head due to fears that protestors would become unruly. Police Chief Herry Wibowo said his officers guarded the church site at that time.

The Rev. Palti Panjaitan of Filadelfia HKBP told Compass that the church had been worshipping in the area since 2000 by meeting at various members’ homes. As the congregation grew, they rented a building combining a home and store in Vila Bekasi 2 Tambun.

“The local citizens demonstrated against our worship services,” said Panjaitan. “From there we moved to a member’s home in Jejalan village. We profited because the Jejalan citizens were very good.”

Eventually the church bought a piece of land there. A number of the community leaders and the village head gave their agreement to build the Filadelfia HKBP church there.

The Interfaith Harmony Forum of Bekasi district gave approval for the building with the stipulation that the church obey a joint ministerial decree revised in 2006 regarding construction of houses of worship. The building committee obtained signatures of 259 non-Christians endorsing the project, though the joint decree required only 60 signatures. Then the building committee wrote a formal request for a building permit.

Church elder Tambubolon, however, added that a sub-district officer collected signatures from citizens opposed to the construction of a house of worship in Jejalan. The total number of signatures is unknown, but the sub-district office sent a letter to the district officer rejecting the building permit.

Nevertheless, Tambubolon said, the church is not considering a lawsuit over the district officer’s decree.

“We are going to continue worshipping, because it is the right of every citizen,” he said. “If we are forbidden to worship even in the village office, we will continue to do so.”

Report from Compass Direct News 

3 Christians arrested in Eritrea, whereabouts are uncertain

Evangelical Christians are facing even more problems in the east African nation of Eritrea, reports MNN.

According to Open Doors USA, Eritrean security forces raided the home of the founding elder of the Full Gospel Church in Asmara, Pastor Tewelde Hailom. Three people were arrested during the raid. Pastor Hailom was not arrested, apparently because of his frail health due to an ulcer. He was however placed under house arrest with guards positioned outside his home. On Friday, seven more people from this congregation were taken in.

Those arrested during the Wednesday October 15 raid are Pastor Hailom’s assistant, Pastor Samuiel Oqba, a woman called Senait Tekle and a man called Gebreberhane Kifle. On Friday, a woman called Besrat Gebray, along with six other men whose names are unknown at this time, were arrested. Open Doors has so far been unable to find out where these Christians are being kept.

The government’s arrest and detention without trial of its citizens continue amidst reports of hunger and desperation in the country. However, in a May interview, President Isaias Afwerki told Reuters, “We are not children. We were not born yesterday. No one can educate us on what freedom means. It is not a question of human rights, religious rights. It is part of a fight, of a powerful opposition, and this powerful opposition has not succeeded in achieving anything.”

More than 2,800 Christians remain behind bars for their persistence to worship outside of the state sanctioned Orthodox, Lutheran and Catholic churches. At least ten believers have died as a result of the harsh treatment and medical neglect they endure while being incarcerated.

Report from the Christian Telegraph

Prisoners Freed in Acteal, Mexico Case Yet to Return Home

 

Christians bear no grudges, fear no threats from accusers.

TUXTLA GUTIERREZ, Mexico, October 12 (CDN) — Alonso Lopez Entzin, a Tzotzil-speaking Christian in Chiapas state, Mexico, spent 11 years and eight months in prison for a crime he did not commit. Accused of participating in the tragic “Acteal massacre” in December 1997 in which 45 persons died near San Cristobal de las Casas, he and more than 80 of his neighbors were summarily arrested and charged with the murders.On Aug. 12, the Federal Supreme Court of Mexico ordered that Lopez Entzin and 19 other indigenous men accused in the Acteal killings – 18 are Christian, including Lopez Entzin – be freed from El Amate Penal facility in Chiapas. Their release came as a surprise to him and his fellow prisoners, as well as to thousands of people in Mexico and around the world advocating their release.

Of the 18 Christians released, only five were Christians when they were arrested; the rest came to trust in Christ while in prison. At least 27 innocent men who were Christians at the time of their arrest remain in prison, according to advocacy organizations.

“I thank God that I have been granted freedom,” Lopez Entzin told Compass. “We are no longer imprisoned thanks to the power of God. There is no other person that has this kind of power, only God.”

The court is reviewing the cases of another 31 men convicted in connection with the massacre. Six more defendants will be granted new trials.

“Right now we see the first fruits of our prayers,” said Tomas Perez Mendez, another of the 20 freed prisoners. “We are confident in the Lord that the rest of the brothers are going to obtain their freedom as well.”

Lopez Entzin added that winning their freedom will not be easy.

“When we were inside El Amate, we began to pray, fast and glorify our Lord Jesus Christ. There are thousands and thousands of brothers who prayed for us inside the jail – thank God He answered those prayers,” he said through tears. “That’s why those brothers who remain behind in El Amate believe that if God’s will is done, they will soon be free.”

Most of the remaining Acteal inmates are evangelical Protestant Christians sentenced to 25- and 36-year prison terms. For years, human rights advocates and legal experts have presented legal arguments showing that the men were convicted on dubious evidence. The district court of the state of Chiapas, however, has consistently ruled against the defendants in appeals.

Attorneys for the defendants finally succeeded in bringing the case before the Federal Supreme Court in Mexico City. The justices who reviewed the case found clear violations of due process and on Aug. 12 overturned the convictions in a 4-1 decision.

The court ruling stated that the decision was not a determination of the guilt or innocence of the men, only that their constitutional rights had been violated during their arrest and conviction.

Though grateful to be free at last, Agustin Gomez Perez admitted that prison was “very difficult, very difficult indeed.”

“There inside the jail, everybody loses,” Gomez Perez said. “I saw it. Many lost their wives, their families, their homes. In the years I was in jail I lost my son. It was May 7, 2005. Twelve families were traveling in a truck to visit us in El Amate. They had an accident, and my 3-year-old son Juan Carlos was killed.”

Inmates expressed gratitude for church groups and international organizations that lent support to their families during their incarceration. Some groups supplied chicks, piglets and coffee plants for wives and children to raise on family plots. A volunteer team of doctors and nurses from Veracruz provides free treatment to prisoners and their dependents.

The prisoners said that one of the greatest helps was regular visits from their families. International Christian organizations raised money for bus fares and chartered vehicles to ensure that the prisoners’ families, who could not otherwise afford the travel, saw their husbands and fathers as often as possible.

Normalcy Not Returned

Despite being freed, the 20 men have yet to resume normal life with their families.

“When I left jail, I didn’t think I would be stuck half-way home,” Gomez Perez said. “I was thinking I would come home and see my wife and children. But we haven’t got there. We are left here half-way home.”

“Half-way home” for the released men is the market district in hot, bustling Tuxtla Gutierrez. They are living in makeshift half-way houses provided by the federal government, awaiting resettlement on land that state authorities have promised them.

Compass met with seven of the former inmates in a rented building they occupy with their wives, children and, in some cases, grandchildren. The families share windowless, sparsely furnished rooms with bare cement floors. Government food rations sustain them. While the half-way house is better than prison, it is nothing like the lush, green Chiapas mountains to which they long to return.

The men agreed to the relocation scheme because the farms they worked before going to prison have long since reverted to their heirs or, in some cases, neighbors. They welcome the assistance to get back on their feet financially.

Government officials, however, insist that the Acteal prisoners must relocate to new communities because they fear violent clashes will flare between them and their old rivals.

The seven freed men were unanimous in their opinion that such confrontations would not happen.

“In the first place, we do not agree with what the government is saying,” Gomez Perez said. “We hold no grudges against those who accused us. What happened, happened. We are not thinking vengeance.”

Perez Mendez agreed with Gomez Perez that the men feel no ill will against those who accused them and no resentment for what they suffered in jail.

“God does not want that we hold grudges or take vengeance against anyone,” he said. “There is not really much danger out there in our communities either. When people saw the news on television on Aug. 12 that we were getting out, they were happy. Well, now we hear that they found out we are not coming home, that we are here in Tuxtla, and some are saying, ‘Why don’t they come home? Tell them to come.’”

The Acteal prisoners have reason to hold grudges. Their attorneys say many of them were arrested in random police sweeps in the days following the massacre simply by being in the wrong place at the wrong time. Public indignation over the brutal slayings, fueled by numerous inflammatory press releases from Las Abejas, a civic group whose members were primary targets in the massacre, as well as by the left-leaning human rights organization Fray Bartolomé de las Casas, swelled to fever pitch in December 1997.

Authorities responded by arresting dozens of “suspects,” without evidence or warrants, to quell the outcry.

Some Acteal defendants found themselves accused of the crime by allies of the rebel Zapatista guerrilla army. A land dispute between Zapatista sympathizers and opponents of the rebels intensified during the waning months of 1997, claiming the lives of 18 indigenous men, the majority of them Protestant Christians. Attorneys say indifferent law enforcement officers failed even to investigate the murders, let alone arrest the perpetrators.

Frustrated with the authorities’ foot-dragging and desperate to defend themselves against further aggression, nine indigenous young men armed themselves and confronted their enemies on Dec. 22, 1997. The ensuing firefight and subsequent massacre at the Catholic hermitage in Acteal ended with 45 dead, many of them women and children who were participating in an Abejas-sponsored program that day.

Five of the nine armed men have confessed to participating in the Acteal shootings and insist they acted alone. Those five are serving prison terms in El Amate. Two others were arrested and released because they were minors at the time of the crime. Two more remain at large and, ironically, have reportedly come under the protection of the Zapatistas.

Las Abejas and its allies continue to assert that that the Acteal killings were carried out by “paramilitary” units equipped and assisted by the Mexican army. With the passage of time, many of those who hold this thesis have admitted that most of the Acteal prisoners did not, in fact, participate in the shooting. Nevertheless, they insist that until the “intellectual authors” of the atrocity come forward and confess, not one prisoner – even though innocent of the crime – should be released.

That strange logic has helped to keep more than 50 innocent men in prison for nearly 12 years.

“It is certain that we suffered an injustice for nearly 12 years,” Perez Mendez said. “A lot of people tell us that we are guilty. But as far as we are concerned, God knows all. We did not commit that crime.

He implored Christians to pray for the innocent men who have yet to be released.

Pray as well for we who are not at home in our communities,” he said. “I ask that you not forget us.”Report from Compass Direct News 

Islamic Groups Shut Down Worship of Church in Indonesia

Under pressure from Islamists, local officials order halt to services in home.

JAKARTA, Indonesia, October 5 (CDN) — Several Islamic organizations have pressed officials in a sub-district near Indonesia’s capital city to forbid Jakarta Christian Baptist Church to worship in a house, resulting in an order to cease services.

The Islamic Defenders Front (FPI), the Betawi Forum Group, and political party Hizbut Tahrir have told officials in Sepatan sub-district, Tangerang district, near Jakarta that worship activities cannot be conducted in a residence. The house belongs to the Rev. Bedali Hulu.

Both District Officer Ismet Iskandar and a sub-district officer support the closure and have ordered Hulu to use his home only as a residence, the pastor said. The sub-district officer, who goes by the single name of Rusdy, has sent a notice ordering an end to all worship at the house.

“But they have not put forth a solution,” Hulu said. “For a long time we have suggested that we build a place of worship, but there has been no response from the local government.”

On Sept. 27 a large crowd came to the house and demanded a stop to the Sunday worship service, Hulu said. Visibly frightened and anxious, the congregation hurried through the service.

An Islamic throng also came to the house on Sept. 13, with hundreds barging in and forcing the congregation out, Hulu said. Worship did not take place that day.

In another incident on the night of Sept. 19, unknown persons burned a vehicle belonging to the church. Hulu said the car was parked in front of his house. The next day Hulu reported the incident to police, who promised to catch the culprit, though at press time no one had been arrested.

Security forces, however, were able to maintain peace the next day when a mob showed up at the house, Hulu said; worship took place free of incident.

Church members feel terrorized by the mobs, the pastor said, but the nearest house of worship is several miles away, and many congregants do not have access to transportation. The Sepatan church has been serving worshippers, mostly day laborers, in Pisangan village since 2005.

“In the beginning we approached religious and community leaders and asked for permission to worship,” Hulu said. “They had no objections.”

Hulu established the church in June 2005 and held services in his home until December 2006 without objection from neighbors. He had obtained written permission from a local official to hold the services, and the church was registered with Religious Affairs authorities.

When the church planned to hold a Christmas celebration in December 2006, however, FPI members began an extended intimidation campaign with the express goal of ending “illegal” Christian activity in the village.

A Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires a congregation of at least 90 adult members, the permission of at least 60 neighbors and a permit from local authorities to establish a place of worship. Church leaders say it is virtually impossible to obtain a permit under these terms.

The Rev. Wilhelmus Latumahina, head of the Fellowship of Pentecostal Churches of Banten Province, said that for years different groups have requested permission to build places of worship in Sepatan sub-district, with no response from officials.

He added that if the government closes a church, it is obligated to provide a solution.

Hulu said he would like to negotiate a solution. The pastor said he has tried repeatedly to meet with Sub-district Officer Rusdy but has been told that the official was not in the office.

Outside Agitators

Hulu said outside Islamists have incited local people to oppose the church.

Two years ago Islamists succeeded in closing the church, and Hulu was temporarily forced from the area. On Nov. 4, 2007, as children attended Sunday school at the church, a group of around 10 FPI members arrived and broke up the meeting. On Nov. 19 of that year, several FPI associates sent a letter to Hulu warning him and his family to leave the village within six days or the extremists would chase them out.

Hulu left temporarily on the advice of police, but his wife and mother-in-law were allowed to remain.

When Hulu filed another police report, the police summoned him to a meeting at the home of FPI leader Habib Muhammad Assegaf. While Hulu and his wife met with Assegaf, a church member sent a text message informing them that a small mob had attacked the church, breaking windows and taking church property. The mob also forced Hulu’s mother-in-law to leave the building.

Hulu reported this incident to district police in Tangerang, who informed him that he could either return to Pisangan village and cease all religious activity, or pursue the matter through legal channels. Weary of the constant pressure, Hulu filed an official complaint.

A Pisangan FPI leader who goes by the single name of Ocit then demanded that Hulu withdraw his complaint or else FPI members would raid the homes of individual church members.

Tensions were subsequently resolved through dialogue facilitated by a member of the Tangerang Parliament, Hanie Lawrence, and worship was permitted to resume. A number of radical Muslim organizations, however, have now resumed the fight to close the church.

Agus Andrianto, police chief of Tangerang district, said his forces are doing everything possible to maintain peace in Sepatan.

“It is our job to curb excesses,” he said. “We don’t want anything to get out of hand.”

Report from Compass Direct News 

EGYPT: VIOLENCE AGAIN ERUPTS OVER QUEST FOR WORSHIP SITE

Two Copts wounded in Minya province over plan to use building as church venue.

ISTANBUL July 31 (Compass Direct News) – The recent eruption of sectarian violence in Egypt’s Minya province continued last week as local Christians again faced harsh reprisals from Muslims for trying to convert a building into a worship facility.

On July 24 security forces in the village of Hawasliya were able to prevent a crowd of Muslims, which numbered in the hundreds according to some reports, from torching the building. But the mob succeeded in setting fire to four neighboring stables, killing sheep and cows belonging to Copts.

During the melee two Copts, including an elderly woman, were wounded. Both received hospital treatment.

“When Muslims see that Christians are making a church, they get upset about it,” said Teresa Kamal, a local journalist. “Why are people full of hate like this? Something has happened to radicalize the people.”

Pastor Milad Shehata, 39, heads up the project to convert the four-story property into a church building. He told Compass that the village’s Protestant Christians had no other place to worship.

“I have no intention of leaving this place at any price,” said Shehata. “This place has been built from the sweat and hard-earned money of very poor people. Even if I or my family is killed, it doesn’t matter. I will not leave this place.”

Shehata had begun to refurbish the building to accommodate church meetings and was planning to apply for permission to use it as a place of worship before holding services on the premises.

On July 23, officers investigating complaints from Muslim villagers about two crosses Shehata had installed on the outside of the building took him to the local police station. After questioning, they released him with orders to return the next morning. At that time two policemen escorted him to the main prison in Minya, where he was held without charge until Saturday afternoon (July 25).

“I don’t know why I was arrested,” said Shehata. “I was there for 37 hours, but no one even gave me even a cup of water.”

Since the attack on July 24, elders from the Muslim community have extended the offer of a reconciliation meeting on condition the church is never opened.

“There is no point in holding a reconciliation meeting if we have to close the church,” said Shehata. “The church is the whole point.”

Recent Troubles

There have long been drafts of a unified law for the building of places of worship in Egypt aimed at resolving recurrent conflicts faced by new churches. Such legislation, however, has been consistently passed over in parliamentary sessions.

Human rights lawyer Naguib Gobraiel said there was a stark contrast between the freedom to practice religion given to Muslims and that afforded to Christians.

“Muslims can put a mat down anywhere and pray and no one objects,” he said, pointing out the contrast with Christians’ inability to secure worship sites. “Why do they differentiate? It implies that we can’t have private prayers.”

The July 24 incident marks the fourth time in as many weeks that planned new church buildings have sparked violent responses from inhabitants of villages surrounding the city of Minya.

Despite the recent high incidents of sectarian strife, Minya Gov. Ahmad Dia’a El-Din told Compass that inter-faith relations are not as strained as they may seem.

“These kinds of attacks are not as frequent as some people imagine,” he said. “They are not happening night and day. The proof is the businesses – you find many shops owned by Copts. People live together and Copts are wealthy, they are doing fine business.”

El-Din seemed eager to demonstrate that he led by example.

“I personally work closely with Christian people and have good relationships with them,” he said. “I harbor no personal animosity.”

Gobraiel, however, was not impressed.

“The governorate of Minya has the highest level of radicalization and intolerance,” he said. “The governor has totally failed in tackling this issue from all different aspects – education, media, culture and security.”

Report from Compass Direct News 

TURKEY: REGULATIONS HOBBLE PROTESTANT CHURCHES

Reclassifying buildings as places of worship nearly impossible.

ISTANBUL, December 15 (Compass Direct News) – In the city of Samsun on the north coast of Turkey, the beleaguered congregation of the Agape Church Association struggles against local Islamic hostility toward its presence.

In the last three years Agape church members have endured false allegations and verbal abuse from Muslim and nationalist locals. Their pastor has received death threats, and their building has been vandalized, all in an attempt to stop the 30 or so Christians from meeting.

Local authorities have also had their part in opposition to the church, threatening it with legal action based on spurious charges. Despite being an “association,” an official status that provides some legal protections and that the government encourages Christian congregations to obtain, the church was threatened with a lawsuit because members had hung verses of Scripture and a cross on the walls. The Provincial Directorate of Associations inspected the building and told them to remove the offending articles because their rented rooms looked too much like a church.

“We didn’t change the decorations, because having a cross or verses in a building is not a crime,” said Orhan Picaklar, pastor of the church. “If it were, then Muslim associations would have to take down their decorations: verses from the Quran, prayers of blessings and images of the Kaaba in Mecca. We didn’t change a thing.”

It was this sort of harassment that led the Alliance of Protestant Churches of Turkey (TEK) to write its latest report, published last month. TEK, established in 1989, represents 34 churches throughout Turkey and acts as a support and advocacy group.

The report focuses on the unfounded obstacles and challenges facing Christian congregations wishing to construct or reclassify church buildings. Authors of the report told Compass that congregations in principle should not have to meet under the pretext of an association, since the law in theory provides for the establishment of “places of worship.” They said the push on the side of authorities to form associations is in essence discriminatory.

“A place of worship for religious groups is crucially important; they need places of worship in order to survive and develop,” said a member of the TEK’s legal committee. “The process of becoming a place of worship, although legally possible, is in practice almost impossible. Because of that, we feel the need to put this issue on the agenda. We wanted to bring this issue to the attention of local and international bodies.”

In 2003 Public Works Statute 3194, which regulates the construction of religious buildings, was amended in response to pressure from the European Union. The revised regulation now uses the phrase “places of worship” rather than “mosques.” This has prompted Christians to apply for legal status changes for the “offices,” “residences” and “warehouses” in which they had been meeting.

This change in the law paved the way for Christian meeting places to be “rezoned” and legally registered as churches; applications for status change thus far, however, have been rejected by local municipalities on various grounds.

The Besiktas Protestant Church is awaiting a decision on its application to have its premises rezoned. No church has ever succeeded in such a quest.

“All the documents have been there for the last two years; it’s just been kept from coming,” said a member of the Besiktas church. “They don’t want to make a decision. That a group can take a non-church building and get it rezoned is not a precedent that they really want to see.”

Another step towards obtaining credence came from a change of law in 2005 that removed previous restrictions on forming associations. At least nine churches have submitted applications to their local authorities to register as such.

“The government is recommending that – they want churches to become associations,” said the Besiktas church member. “We may well do that.”

Although this is a major step forward in Turkish churches’ struggle to gain legitimacy, registering as associations has not always kept them from harassment and maltreatment.

“Being organized as an association does not rezone your building,” said the Besiktas church member. Only gaining legal status as a “place of worship” would make holding church services legal. “You’re holding church services in a place that’s set aside for that.”

Along with the Besiktas church, the TEK report cites the cases of four other congregations that are facing closure based on charges of violating zoning laws. It is this sort of harassment that congregations hope to prevent by changing the classification of their buildings.

Four further congregations have had requests to build “places of worship” rejected; in each case, authorities told them that no suitable location was available.

 

Objections

The report outlines three main problems facing congregations wishing to build their own premises.

The first is the size requirement for any new building site. The allocation criteria stipulate that a plot cannot be fewer than 2,500 square meters, an excessive and overly expensive amount of land for a congregation of 30-40, the average Turkish Protestant congregation.

The Samsun church is a case in point. It has met in rented apartments since its inception and been forced to move on numerous occasions.

“The place we use now is a rental, and if the owner wants to kick us out, we’ll be forced to change our church’s location,” said Picaklar. “They [authorities] stipulate that the land be 2,500 square meters. This is impossible for us, because to buy that big of a plot we would need 700,000 to 800,000 U.S. dollars.”

The second issue the report cites is the vagueness of the permission criteria by which civil administration is to award or reject applications. The report suggests that “there is much room for arbitrary discretionary decisions.”

Thirdly, the report berates the unfairness of application denials based on lack of resident Christian population in areas for proposed worship buildings.

The report points out that it is unlikely that the Turkish Protestant community, with a ratio of one member per 20,000 people, would ever have the requisite presence in a single locale to justify the construction of a church building.

 

Proposed Solutions

The TEK report concludes with suggested solutions to the challenges that have dogged its member congregations. It first urges that the national government do a better job of educating and overseeing local authorities.

“The ministries of the Interior and of Justice should not only inform their local offices of the rights of non-Muslim groups but should also adequately train their civil servants and make every effort to prevent rights violations,” the report states.

The report also urges that regulations governing plot and building size be relaxed.

“Communities should be given the chance to buy and build places of worship according to their own needs and resources,” it states. “Christians should be allowed to have small places of worship just like the Muslim masjid [privately owned mosque].”  

Report from Compass Direct News

TURKEY: CHRISTIANS’ TRIAL FOR ‘INSULTING TURKISHNESS’ STALLS AGAIN

Case against two converts drags on; media already passed sentenced on Christianity.

ISTANBUL, November 12 (Compass Direct News) – Two years into a trial for “insulting Turkishness” that has been light on evidence and heavy on mud-slinging at Turkey’s Protestant community, a court proceeding last week brought no progress.

Another witness for the prosecution failed to appear in the trial of Turkish Christians Turan Topal and Hakan Tastan, charged with “insulting Turkishness” and spreading Christianity through illegal methods. Moreover, a Justice Ministry answer to the court about the viability of charges under Turkey’s controversial Article 301 had yet to arrive at the court last week.

In the last hearing in June, Silivri Criminal Court Judge Mehmet Ali Ozcan ordered a review of the two Christian converts’ alleged violations of the controversial article of the Turkish penal code on “insulting Turkishness.” But the court is still waiting for the Justice Ministry to decide whether they can be tried under Article 301 of the penal code.

The judge set the next hearing for Feb. 24, 2009 while the court awaits a response on whether the Christians can be charged under the controversial article.

Topal and Tastan are still charged with reviling Islam (Article 216) and compiling information files on private citizens (Article 135).

In what critics called “cosmetic” revisions of Article 301, the Turkish government amended it in May to require Justice Ministry permission to file such cases. Put into effect on May 8, the changes also redefined the vague offense of “insulting Turkishness” to read “insulting the Turkish nation.”

While the court awaited a decision on Article 301, in the hearing on Nov. 4 it did free the defendants from forced attendance at future hearings. This, according to defense lawyer Haydar Polat, was the only progress made by the court; he added that a witness or evidence would have been better. For lack of these, he said, the prosecution has needlessly dragged out the case.

“In both cases [against them], the only acceptable progress is the testimony of a witness,” said Polat. “Then again, the fact that the defendants are free from having to attend every trial is in a sense progress too.”

 

Lame Witnesses

The initial charges prepared by the Silivri state prosecutor 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.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six named gendarme soldiers to testify as prosecution witnesses in the case, none have stepped forward to testify.

“They will be called in the next hearing as well,” Polat told Compass.

At the June 24 hearing, two teenage witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses have failed to show up on various trial dates, and last week another witness called by prosecution, Fatih Kose, did not appear.

“There is no lack of witnesses, but as far as we are concerned, these characters’ accounts are irrelevant to the truth and full of contradictions,” said Polat. “I mean there is no believable and persuasive argument, nor a coherent witness.”

Last week a police officer from the precinct where Topal and Tastan were allegedly seen doing missionary activities was summoned to court to testify. He told the court that he indeed worked in the precinct but knew nothing about the activities of the two Christians.

Eleven months ago, the appointed prosecutor himself had demanded that the court acquit the two Christians, declaring there was “not a single concrete, credible piece of evidence” to support the accusations against them. This prosecutor was removed from the case, and two months later the judge hearing the case withdrew over prosecution complaints that he was not impartial.

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial proceedings are now jailed themselves, unable to attend the hearings.

Both ultranationalist lawyer Kemal Kerincsiz and spokesperson Sevgi Erenerol of the Turkish Orthodox Church – a Turkish nationalist denomination with no significant following – are accused of playing leading roles in Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy.

Since mid-January, 47 people have been jailed and face trial for involvement in the alleged crime network, said to have orchestrated numerous killings and violence as part of a nationalist plot to overthrow the Turkish government by 2009.

Asked about the chances of closing the case that has made no progress for two years due to lack of evidence against the defendants, Polat said he was hopeful his clients would find justice in the Turkish legal labyrinth.

“As lawyers, we believe that both of our clients will be acquitted,” he said. “Come February we expect that the Justice Ministry will not approve the opening of a public case on the basis of ‘insulting Turkishness.’”

 

Slandering Christians

The trial of Topal and Tastan has included its share of mud-slinging at Turkish Protestants, estimated at 3,000 to 3,500 people in a country of 70 million, deepening the nation’s prejudices against them.

This legal battle has been less about guilt or innocence and more about tainting the community’s image, according to a member of the legal committee of the Alliance of Protestant Churches in Turkey.

The Christian Turk from the legal committee told Compass that in 2006, when the charges against Topal and Tastan first came to light, there were news reports for days claiming that Christians tricked children in elementary schools, paid people to come to church and gave women away for sex, among other absurd assertions.

“The goal was to create disinformation, and they succeeded at portraying Christians in a negative light,” he said.

The source said that this was the primary goal of ultranationalist lawyer Kerincsiz’s team, which he believes is behind the cases brought against Topal and Tastan as well as the delay in the outcome.

“On the first day of the hearings, when the case opened, I told those around me that nothing would come of this case,” he said.

The legal committee member said media created a psychological war against Turkish Christians. Other members of the Protestant community believe another goal was to deter any evangelism or outreach by Turkish Christians.

“It was to discourage the whole Christian community and quash them and discourage evangelism,” said another source.

The member of the legal committee said he believes that eventually Topal and Tastan will be acquitted. But even if they win the court case, the damage from the publicity war on the church will not be as easy to repair.

“I think everything will stay the same, because the case won’t be reported in the news,” he said. “The issue was not about whether these two were guilty or not. When this first broke out it was in the news for days. When it is over it will barely make it to a newspaper corner, and we won’t be able to give a message for the public because we don’t wield media power. We comfortably carry our quiet voice, and we will until then.”  

Report from Compass Direct News