Convicted Hindu Nationalist Legislator in India Released on Bail


Stunned Christians suspect bias in case of politician’s role in Orissa violence.

NEW DELHI, July 30 (CDN) — Less than a month after Orissa state legislator Manoj Pradhan was sentenced to seven years of prison for his part in anti-Christian mob violence in 2008, he was released on bail pending his appeal.

Along with fellow Hindu nationalist Prafulla Mallick, Pradhan on June 29 was convicted of causing grievous hurt and rioting in connection with the murder of a Christian, Parikhita Nayak. Justice B.P. Ray heard the petition on July 7, and the same day he granted Pradhan and Mallick bail conditional on posting bail bond of 20,000 rupees (US$430) each.

Pradhan and Mallick were released from jail on July 12 and await the outcome of an appeal to the Orissa High Court.  

Attorney Bibhu Dutta Das said that ordinary people don’t get bail so easily when convicted of such crimes, and he questioned how Pradhan could be granted release just for being a legislator.

“It takes years for convictions in High Court,” Das told Compass. “We will not sit silent. We will challenge this bail order in the [New Delhi] Supreme Court very soon.”

The Christian community expressed shock that someone sentenced to seven years in prison would get bail within seven days of applying for it.

“I am very disappointed with the judiciary system,” said Nayak’s widow, Kanaka Rekha Nayak, who along with her two daughters has been forced into hiding because of threats against her. “I went through several life threats, but still I took my daughters for hearings whenever I was called by the court, risking my daughters’ lives – certainly not for this day.”

In addition to the bail, the court has issued a stay order on the 5,000 rupee (US$107) fine imposed on Pradhan and Mallick. Attorney Das told Compass the decision was biased, as the Lower Court Record was not even consulted beforehand.

“This is the normal court procedure, and it was bypassed for Pradhan,” he said. “The judgment was pre-determined.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass, “Sometimes the judicial system seems mockery to me. One court convicts him, and another one grants him bail.”

The rulings are demoralizing to those who look toward the courts for justice, he said.

“There is a very powerful force behind this. It is not as simple as it looks,” Parichha said.

Dr. John Dayal, secretary general of the All India Christian Council, said he was surprised by the orders.

“While it is a legal right for anybody to get bail, it is surprising that Pradhan was wanted in so many cases, and he can coerce and influence witnesses,” Dayal said. “His petition should not have been granted.”

The two Hindu nationalists were convicted by the Phulbani Fast Track Sessions Court I Judge Sobhan Kumar Das. Pradhan, member of the state Legislative Assembly (MLA) from G. Udayagiri, Kandhamal for the Hindu nationalist Bharatiya Janata Party (BJP), filed a petition stating that his name was not mentioned in the original First Information Report filed by Kanaka Rekha Nayak, but that he was dragged into the case later.

The bail order includes a warning to Pradhan to refrain from intimidating witnesses, stating, “The petitioner shall not threaten the witnesses examined.”

Rekha Nayak, along with her daughters Lipsa Nayak (4 years old when her father was killed) and Amisha Nayak (then 2 years old) were eyewitnesses to the murder of her 31-year-old husband, a Dalit Christian from Tiangia, Budedipada, in Kandhamal district. He was murdered on Aug. 27, 2008.

Rev. Dr. Richard Howell, general secretary of the Evangelical Fellowship of India, urged the Christian community to keep hope.

“The case is still on, not that it has come to an end,” he said. “There is a move that is being made to take the case further.”

Attorney Das has said he plans to appeal Pradhan’s sentence of seven years, in hopes of increasing it to life imprisonment.

 

Cases

Pradhan, who denies any wrongdoing, has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in the Nayak case, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

Rekha Nayak filed a complaint and a case was registered against Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan – campaigning from jail – was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district.

In recent court actions, Fast Track Court-II Additional Sessions Judge Chittaranjan Das on July 21 acquitted nine persons who had been arrested in the Tikabali area for various offenses, including arson, due to “lack of evidence.” The main charge against them was torching of a church on Aug. 28, 2008 at Beladevi village.

At least 132 persons have been convicted in different cases related to the 2008 violence in Orissa’s Kandhamal district, state Chief Minister Naveen Patnaik said on July 19. Patnaik said that 24 members of the Hindu extremist Bajrang Dal (Youth Wing of World Hindu Council) and VHP have been arrested and jailed.

Revenue and Disaster Management minister S.N. Patro said on July 21 that the 55 Christian places of worship were damaged in Tikabali block; 44 in G. Udaygiri; 39 in Raikia; 34 in K. Nuagaon; 19 in Baliguda; 16 in Daringbadi; nine in Phulbani; six in Kotgarh; five in Tumudibandha; and one each in Phiringia and Chakapada blocks.

 

SIDEBAR

India Briefs: Recent Incidents of Persecution

Karnataka – Hindu extremists from the Rashtriya Swayamsevak Sangh accused a pastor in Aldur of forceful conversion on July 24 and threatened him, telling him not to preach about Jesus. The All India Christian Council reported that the extremists filed a police complaint against Pastor Anand Kumar of forceful conversion. Both police and extremists ordered Pastor Kumar to remove the cross and name plate of the church. At press time area Christians were taking steps to resolve the issue.

Jammu and Kashmir – The state’s Foreigners Registration Officer reportedly issued a notice to a senior Christian worker to leave India by July 20 after a false complaint of forceful conversion was filed against him. The Global Council of Indian Christians reported that the state succumbed to pressure by Muslim extremists to deport Father Jim Borst, who has run Good Shepherd School in the Kashmir Valley since 1963. The school has been attacked on two occasions by members of other schools who felt they were unable to compete with it. For eight years these groups have led a campaign against Borst, claiming he was forcibly converting people under the guise of providing education. Borst, who denies the charge, has a valid visa till 2014. The interior minister reportedly said he had no knowledge of the deportation order, and Borst’s superiors indicated he would not leave.

Madhya Pradesh – Hindutva (Hindu nationalist) extremists on July 18 disrupted Christian worship in Barwaha, near Indore. The Global Council of Indian Christians reported that Pastor Subash Chouhan of the Indian Evangelical Team was leading Sunday worship when the extremists stormed in on the terrified Christians. They accused Pastor Chouhan of forceful conversion, photographed the congregation and told the pastor to close his tailoring school, which includes non-Christian students. This is the second time Pastor Chouhan has been arrested on false charges of forceful conversion; previously he was jailed for three days. The case was pending at press time.

Punjab – Police arrested Christians on July 10 after Hindu nationalists beat them, falsely accusing them of forcible conversion in Gurdaspur. Members of the Indian Pentecostal Church of God (IPCG) Western Region were visiting houses in the area on a social outreach mission when a group of extremists began to argue with them and then started beating four of them with their fists and shoes. Later they handed the Christians over to police, along with three more Christian men and five Christian women, complaining that they were converting people from the Hindu religion. Pastor Promod Samuel, along with the IPCG head A.M. Samuel, rushed to the Gurdaspur City police station to help the Christians, but officers detained them as well. Samuel told Compass that the president of the Hindu extremist groups Shiva Sena and Bajrang Dal, as well as many other Hindu nationalist leaders, gathered at the police station clamoring for officers to file charges against the 14 Christians. Hearing of the arrests, Christian leaders of Gurdaspur requested their release. The Christians were not released until Samuel signed an agreement assuring that Christians would not enter any non-Christian home. “The extremists are continuously following us around, to keep a check on us.” Samuel said.

Andhra Pradesh – Hindu extremists toppled a church building and attacked Christians on July 6 in Parawada, Visakhapatnam. The All India Christian Council (AICC) reported that local Hindu extremists were jealous and angry that a church stood at the entrance of the village and urged the Christians to move. The extremists threatened to attack the Christian community, claiming that they would allow no church in the area. When the church pastor refused to give in to their demand, they began damaging his household goods and pulled down the church building. The extremists also stopped the Christians from drawing water from a well. AICC was taking steps to resolve the matter at press time.

Madhya Pradesh – Police on July 4 arrested and charged two Christians under the state’s controversial “anti-conversion” law at Jawahar Nadar, Adharthal. According to the Global Council of Indian Christians (GCIC), a member of the Apostolic Christian Assembly, Shravan Kuman Dubey, invited Vishal Lal to lead a prayer service for his 6-year-old son Ravi’s birthday. Around 7:30 p.m., during prayer, a mob of nearly 75 Hindu nationalist extremists accompanied by police entered the house and falsely accused those present of forced conversion, taking 14 Christians to the Adhartal police station. After nearly four hours, police charged Shravan Kumar and Vishal Lal with forcible conversion and sent the others home. With GCIC intervention, both were released on bail the next day.

Madhya Pradesh – Hindu extremists belonging to the Dharma Raksha Samithi (Religion Protection Council) on June 28 stopped a Christian school bus and questioned young elementary students in Indore. The Global Council of Indian Christians reported that the bus was carrying Christian students from Orissa to their school in Indore. The extremists ordered the young students to get out of the bus and asked them whether forceful conversion was taking place, frightening the schoolchildren as police remained mere spectators. After threatening to harm the Christians if they carried out any Christian activities, they let them go. Area Christian leaders condemned the incident as a sign of Hindu extremists’ “reign of terror” in the state and demanded an investigation.

Karnataka – On June 13 in Anekal, Bangalore, Hindu extremists from the Rashtriya Swayamsevak Sangh beat a pastor whom they accused of forceful conversion. The Evangelical Fellowship of India reported that, in an apparently premeditated attack, an unidentified extremist telephoned Pastor Sam Joseph to come and pray for a sick person. The pastor agreed, only to be taken to a gathering of Hindu extremists with media people. The extremists accused the pastor of forceful conversion, beat him up and dragged him to Hebbagudi police station. Police released the pastor without charges after forcing him to agree that he would no longer lead Christian meetings.

Himachal Pradesh – State officials on June 5 sealed a Mission India building, claiming that it belongs to “outsiders,” in Bari, Mandi district. The Evangelical Fellowship of India’s (EFI) advocacy desk reported that the government closed the building, which functioned as a Bible study center and orphanage, claiming that no land in the area could be owned by non-native people. Pastor Sam Abraham told Compass that Mission India purchased the plot in 2005, constructed a building in 2007 and began using it as a Bible study center and orphanage in 2008. In July 2008, Hindu extremists filed a complaint against Mission India of forceful conversion and demanded the building be shut down. The extremists have since accused the Christians of forceful conversion, verbally abused them for their faith and threatened to kill them if they did not leave. Mission India officials asserted that the land legally belongs to them and that they have all necessary documents. At press time the Christians were looking for a place to rent that would accommodate at least 10 orphans.

Report from Compass Direct News

Christians Accused of ‘Blasphemy’ Slain in Pakistan


Two leaders shot outside courtroom after handwriting report threatened to exonerate them.

FAISALABAD, Pakistan, July 19 (CDN) — Today suspected Islamic extremists outside a courthouse here shot dead two Christians accused of “blaspheming” Muhammad, the prophet of Islam.

The gunmen shot the Rev. Rashid Emmanuel, 32, and his 30-year-old brother Sajid Emmanuel, days after handwriting experts on Wednesday (July 14) notified police that signatures on papers denigrating Muhammad did not match those of the accused. Expected to be exonerated soon, the two leaders of United Ministries Pakistan were being led in handcuffs back to jail under police custody when they were shot at 2:17 p.m., Christians present said.

Rizwan Paul, president of advocacy group Life for All, said five armed, masked men opened fire on the two Christians amid crowds outside Faisalabad District and Sessions Court.

“Five armed, masked men attacked and opened fire on the two accused,” Paul said. “Sajid died on the spot,” while Rashid Emmanuel died later.

Rai Naveed Zafar Bhatti of the Christian Lawyers’ Foundation (CLF) and Atif Jamil Pagaan, coordinator of Harmony Foundation, said an unknown assailant shot Sajid Emmanuel in the heart, killing him instantly, and also shot Rashid Emmanuel in the chest. Pagaan said Sub-Inspector Zafar Hussein was also shot trying to protect the suspects and was in critical condition at Allied Hospital in Faisalabad.   

CLF President Khalid Gill said the bodies of the two Christians bore cuts and other signs of having been tortured, including marks on their faces, while the brothers were in police custody.

As news of the murders reached the slain brothers’ neighborhood of Dawood Nagar, Waris Pura, Faisalabad, Christians came out of their homes to vent their anger, Pagaan said. Police fired teargas cannons at Christian protestors, who in turn threw stones.

“The situation is very tense,” Gill said. “Police have arrested eight people for damaging property and burning tires.”

Paul of Life for All said tensions remained high.

“The situation in Faisalabad has deteriorated,” Paul said. “Indiscriminate shootings between Christians and Muslims have ensued. The situation has become very volatile, and local police have initiated a curfew.”

The courthouse shooters escaped, and Punjab’s inspector general has reportedly suspended the superintendent of police and his deputy superintendent for their failure to provide security to the slain brothers.

 

Lynch Mob Mentality

The report by handwriting experts to Civil Lines police station in Faisalabad presented a major setback to the case filed against Emmanuel and his younger brother under Section 295-C of Pakistan’s widely condemned blasphemy laws.

Muslims staged large demonstrations in the past week calling for the death penalty for the brothers, who were arrested when Rashid Emmanuel agreed to meet a mysterious caller at a train station but was instead surrounded by police carrying photocopied papers that denigrated Muhammad – supposedly signed by the pastor and his brother and bearing their telephone numbers.

The Muslim who allegedly placed the anonymous call to the pastor, Muhammad Khurram Shehzad, was the same man who filed blasphemy charges against Emmanuel and his brother and was already present at the Civil Lines police station when the pastor and an unnamed Christian arrived in handcuffs, said Pagaan of Harmony Foundation. Civil Lines police station is located in Dawood Nagar, Waris Pura, in Faisalabad.

Pagaan said that on July 1 Rashid Emmanuel received an anonymous phone call from a man requesting to see him, but the pastor declined as he was due to lead a prayer service in Railways Colony, Faisalabad. After the service, Emmanuel received a call at about 8 p.m. from the same man, who this time described himself as a respectable school teacher.

Pagaan said that Emmanuel agreed to meet him at the train station, accompanied by the unnamed Christian. As they reached the station, Civil Lines police surrounded them, showed them photocopies of a three-page document and arrested them for blaspheming Muhammad.

Sources told Compass that police released the young, unnamed Christian after a couple hours, and on July 4 officers arrested Emmanuel’s younger brother, a graduate student of business.

On July 10 and 11 hundreds of enraged Muslims paraded to the predominantly Christian colony of Dawood Nagar calling for the immediate death of the two Christian brothers. Some chanted, “Hang the blasphemers to death immediately,” sources said, adding that the mob hurled obscenities at Christ, Christians and Christianity.

Islamic extremists led the protests, and most participants were teenagers who pelted the main gate of the Waris Pura Catholic Church with stones, bricks and shards of glass and pounded the gate with bamboo clubs.

Some 500 protestors gathered on July 10, while on July 11 more than 1,600 demonstrated, according to Joseph Francis, head of Centre for Legal Aid Assistance and Settlement. Fearful Christians locked their homes, while others fled the area, as the demonstrators had threatened a repeat of the violence wreaked on Korian and Gojra towns in July and August 2009.

Nazim Gill, a resident of Waris Pura, told Compass that Muslims burned tires and chanted slogans against Christians last week, and that on Friday (July 16) announcements blared from mosque loudspeakers calling on Muslims “burn the houses of Christians.”

Khalid Gill contacted authorities to request help, and police forbid anyone to do any damage.

Saying “continuous gunshots have been heard for the past five hours now,” Kashif Mazhar of Life for All today said that Punjab Chief Minister Mian Shahbaz Sharif had ordered the provincial inspector general to restore law and order and arrest the murderers of the Christian brothers.

 

Other Victims

Khurram Shehzad had filed the blasphemy case on July 1 under Section 295-C of Pakistan’s blasphemy laws, which are commonly abused to settle personal scores.

Section 295-C states that “whoever by words, either spoken or written, or by visible representation, or by imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (PBUH) shall be punishable with death, or imprisonment for life, and shall be liable to fine.”

Section 295-A of the blasphemy laws prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment.

Khalid Gill said Khurram Shehzad, a merchant of Rail Bazar, Faisalabad, filed the charge after his servant told him that the two Christians had put up blasphemous posters at a truck station.

The Emmanuel brothers had been running United Ministries Pakistan for the last two years in Dawood Nagar, area Christians said.

The last known Christian to die as a result of a false blasphemy charge was Robert Danish on Sept. 15, 2009. The 22-year-old Christian was allegedly tortured to death while in custody in Sialkot on a charge of blaspheming the Quran. Local authorities claimed he committed suicide.

Area Christians suspect police killed Danish, nicknamed “Fanish” or “Falish” by friends, by torturing him to death after the mother of his Muslim girlfriend contrived a charge against him of desecrating Islam’s scripture. The allegation led to calls from mosque loudspeakers to punish Christians, prompting an Islamic mob to attack a church building in Jathikai village on Sept. 11 and the beating of several of the 30 families forced to flee their homes. Jathikai was Danish’s native village.

Three prison officials were reportedly suspended after Danish died in custody.

In other recent blasphemy cases, on July 5 a Christian family from Model Town, Lahore, fled their home after Yousaf Masih, his wife Bashrian Bibi and their son-in-law Zahid Masih were accused of blaspheming the Quran. Some 2,000 Muslims protested and tried to burn their house, Christian sources aid.

Police have filed a case against them due to pressure from Muslim mobs, but local sources say the allegations grew out of personal enmity.

Faisalabad was the site of the suicidal protest of Bishop John Joseph. The late Roman Catholic bishop of Faisalabad took his own life in May 6, 1998 to protest the injustice of Pakistan’s blasphemy laws.

Report from Compass Direct News

Indonesian Muslims Call for Halt to ‘Christianization’


Forum highlights religious tensions in Bekasi, West Java.

DUBLIN, July 2 (CDN) — Muslim organizations in Bekasi, West Java, on Sunday (June 27) declared their intention to establish paramilitary units in local mosques and a “mission center” to oppose “ongoing attempts to convert people to Christianity,” according to the national Antara news agency.

At a gathering at the large Al Azhar mosque, the leaders of nine organizations announced the results of a Bekasi Islamic Congress meeting on June 20, where they agreed to establish a mission center to halt “Christianization,” form a Laskar Pemuda youth army and push for implementation of sharia (Islamic law) in the region, The Jakarta Post reported.

“If the Muslims in the city can unite, there will be no more story about us being openly insulted by other religions,” Ahmad Salimin Dani, head of the Bekasi Islamic Missionary Council, announced at the gathering. “The center will ensure that Christians do not act out of order.”

Observing an increasing number of house churches, Muslim organizations have accused Bekasi Christians of aggressive proselytizing. The Rev. Simon Timorason of the West Java Christian Communication Forum (FKKB), however, told Compass that most Christians in the area do not proselytize and meet only in small home fellowships due to the lack of officially recognized worship venues.

Many Christian seminary graduates prefer to remain on Java rather than relocate to distant islands, Timorason added, making West Java the ideal place to launch new home-based fellowships for different denominations. But neighbors see only the multiplication of churches, he said, and therefore suspect Muslims are converting to the Christian faith.

“The ideal solution is to have one building with a permit to be used by different denominations in each housing complex,” Timorason said. “If every denomination wants their own church in the same area, it’s a problem.”

 

Declaration of Intent

Kanti Prajogo, chairman of the Congress committee, had hoped to present a written declaration of intent to city officials at the mosque gathering, but officials did not respond to his invitation, according to The Jakarta Post.

Around 200 people attended the June 20 Congress, representing local organizations such as the Bekasi Interfaith Dialogue Forum, the Bekasi Movement Against Apostasy, the local chapters of Muhammadiyah and the Indonesian Ulema Council (MUI) – two of Indonesia’s largest Muslim organizations – and the Islamic Defenders Front (FPI), well known for its aggressive opposition to Christians and other non-Muslim groups.

Government officials on Monday (June 28) called for the FPI to be declared a forbidden organization, claiming that FPI members were implicated in “too many” violent incidents.

“We are not concerned about their mission,” legislator Eva Kusuma Sundari reportedly said at a press conference in Jakarta, “but we are concerned about the way they implement their goals.”

A spokesman for another large organization, Nahdlatul Ulama (NU), said Tuesday (July 28) that despite one member being present at the congress in an unofficial capacity, NU had not approved the joint declaration, contradicting a statement made the previous day by Bekasi NU official Abul Mutholib Jaelani, who told The Jakarta Post that he had asked all 56 NU branches in the city to contribute at least 10 members to the youth army.

 

Contributing to Religious Conflict

Rapid residential and industrial development has created huge social problems in Bekasi. Sociologist Andi Sopandi of Bekasi Islamic University told The Jakarta Post that the call for sharia was a warning signal, and that local officials should urgently pursue dialogue between Muslim and Christian leaders.

Locals and newcomers will get along well only if they share similar basic values, particularly religious ones, Sopandi reportedly said, pointing to sharp disputes over the Filadelfia Huria Kristen Batak Protestan (HKBP) church in Jejalen Jaya sub-district earlier this year as an example.

A neighbor of the church confessed to The Jakarta Post that local clerics had asked him and other residents to sign a petition against constructing the HKBP church building and threatened not to pray at their funerals if they failed to cooperate; the majority of his neighbors signed the document under duress.

Under a 2006 Joint Ministerial Decree (SKB), at least 60 local residents must approve the establishment of a house of worship, whether a mosque or a church. The congregation must also have at least 90 members and obtain letters of recommendation from the local interfaith communication forum (FKUB) and religious affairs office before gaining final approval from district officials.

These terms make it virtually impossible for churches in Bekasi to obtain building permits. Bekasi regency has a population of 1.9 million, of which 98.2 percent are Muslim, according to 2006 data from the Bekasi Regency Religious Affairs office. Protestants, who form 0.67 percent (approximately 12,700 people) of the population, and Catholics who make up 0.55 percent, are served by only 16 officially recognized churches in seven of the 23 sub-districts.

Sudarno Soemodimedjo, deputy chief of the Bekasi FKUB, told The Jakarta Post in February that even if a church construction committee gained the approval of 60 local residents, the FKUB would not issue a letter of recommendation if there were any public objections.

“The SKB orders us to maintain public order, which means we have to refuse the establishment of a house of worship we believe may trigger a conflict in the future,” he said.

As a result, many Christians meet in unrecognized worship venues, giving Muslim groups legal grounds to oppose church gatherings.

“If the SKB was applied consistently, many mosques that were built without permits would have to close,” Timorason told Compass.

The government wants each new settlement to have a place of worship, he added, “but it’s always a mosque. There should be one of each to be fair.”

“Violations against freedom of religion remain rampant [in Indonesia],” confirmed the chairman of the Setara Institute for Democracy and Peace, who goes by the single name of Hendardi, at a press conference announcing the release of its January 2010 “Report on the Condition of Religious and Faith Freedom in Indonesia.”

“This is mostly because the government is half-hearted in its upholding of the right to worship,” he said.

Of 139 violations recorded by the institute last year, West Java took first place with 57 incidents, followed closely by Jakarta at 38.

Report from Compass Direct News

Trial over ‘Insulting Turkishness’ Again Yields No Evidence


Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, 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 for the past two years, ever 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.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News

Construction of Two Churches Stopped in Indonesia


Government unduly seals shut one church building, Islamic mob forces halt to another.

JAKARTA, Indonesia, March 25 (CDN) — An Islamic mob stopped construction of Santa Maria Immaculata Catholic Church in Citra Garden, West Jakarta earlier this month even as government officials in Yasmin Park, Bogor, West Java halted work on an Indonesian Christian Church (GKI) building.

On March 12, the same day GKI faced closure from government officials, protestors led by the United Islam Forum (FUIB) blockaded the entrance to Citra Garden, demanding that construction of the Catholic church building there cease. They based their demand on the claim that it did not have the approval of the local citizens, but the church had official permission and therefore has been under construction for several weeks.

The building permit was posted in plain view, but the Islamic protestors said they felt that not all citizens had agreed to allow the building.

The Rev. Peter Kurniawan Subagyo of Santa Maria Immaculata said the church belonged to the parochial district of Cengkareng, but that the district became so large (20,000 people) that a separate parish needed to be established. The church had found an 8,000-square- meter lot in Citra Garden.

The building permit was processed normally, and all necessary citizen signatures were secured, he said. The Jakarta provincial government approved the permit, which was formally published in state-owned media on Jan. 18.

Shortly after approval of the building permit, the church building committee went to work. Construction had been under way for only a few weeks before Islamic crowds began demonstrating in the name of the local citizens.

Church leader Albertus Suriata said the congregation never has had problems with local people.

“We have had good relations,” Suriata told Compass. “I don’t think that anyone near the church had objections. We suspect outsiders.”

He said that the church had attempted to resolve the problems posed by the protestors through a number of informal channels.

“We had just begun to build,” he said. “Do we have to stop just because of demonstrations? Besides, we have official permission from the government.”

SealedIn West Java, Bogor city police on March 12 sealed the construction site of the Yasmin Park Indonesian Christian Church. Previously the Bogor city government had revoked the church building permit, claiming that the congregation created “uneasiness” among local people.

Sources said the permit revocation and closure were the direct result of pressure from organizations such as the Muslim Communication Forum of Indonesia (FORKAMI), Hizbut Tahrir Indonesia, and the Muslim Lawyers’ Team (TPM), which had repeatedly called for a halt to church construction.

Chief Abdul Rahman of the Bogor police said he sealed the building site on instructions from Area Secretary Bambang Gunawan.

“We followed the instructions of the Bogor Area Secretary and sealed the church,” Rahman told Compass.

The Bogor city government’s claim that the church caused “uneasiness” among the local people is false, said a source who requested anonymity. The source said the Bogor city government came under pressure from several Muslim organizations to revoke the building permit, and that in fact Yasmin Park residents had no objection to a church in their midst.

“Relations between the church and the residents were always good,” the source said.

Ayu Augustina, leader of Muslim Communication Forum of Indonesia in Bogor, was resolute in his opposition.

“We intend to continue meeting – we will pursue this matter to the end,” he told Compass. “The church must be sealed.”

GKI spokesperson Ujang Sujai said that the church is working to arrange a meeting between the Area Secretary Gunawan and Yasmin Park residents said to be opposed to the building.

Report from Compass Direct News 

Recent Incidents of Persecution


Punjab, India, March 1 (CDN) — Hindu extremists from the Bajrang Dal and Shiv Sena on Feb. 20 beat Christians and vandalized two churches in Batala after a protest against an objectionable picture of Christ. Christians had noticed the picture posted as part of a composite poster for an upcoming Hindu festival, Ram Naumi. The poster contained pictures of other religious deities as they normally appear, while Jesus was portrayed with a cigarette and a beer, reported the Evangelical Fellowship of India. In response to the Christian protest, the Hindu extremists went on a rampage, beating the pastor of the Church of North India and a Salvation Army officer and burning and looting the two churches. With church leaders’ pressure, police registered a case against Hindu extremists Pratap Singh and Raj Kumar, who were said to have put up the picture of Jesus, for a “malicious act intended to outrage religious feelings of others” and “punishment of criminal conspiracy.”

Orissa – Police on Feb. 20 arrested the Rev. Anant Prasad Samantray after Hindu extremists filed a complaint against him of making derogatory remarks against Hinduism in Bhabanipatna, Kalahandi district. Having obtained written permission from local police, Samantray, a former Hindu priest, spoke at a revival meeting of his journey to becoming a Christian pastor, remarking that “Jesus is the only way, the truth and the life,” a local source told Compass. After hearing his speech, some Hindu hardliners dragged him to a police station and filed a complaint against him of speaking ill against Hinduism. Officers arrested the Christian for “malicious acts to outrage religious feelings of others” and “uttering words to wounds religious feelings.”

Karnataka – Hindu extremists from the Bajrang Dal and the Rashtriya Swayamsevak Sangh on Feb. 15 attacked Christians in Gokalam, Mysore. A source told Compass that Hindu extremists attacked church members of Shekinah Assembly of God Church because of their faith. Running from one house to another, the extremists beat the Christians in their homes, took Bibles and Christian literature and burned them. A Christian identified only as Shivmurthy sustained serious head injuries, lost four teeth and underwent an operation on his right ear. Jaylaxmi Puram police refused to register a complaint filed by the Christians, who left the area out of fear of further attacks; at press time 22 families had taken refuge among Christians in a neighboring area. 

Karnataka – Hindu extremists on Feb. 14 stopped the inaugural service of Native Village Vision Church’s new building and accused Christians of forceful conversion in Mysore. The Global Council of Indian Christians (GCIC) reported that at about 5 p.m. a mob of intolerant Hindu radicals barged into the inaugural service of the new church building, verbally abused the Christians and accused them of forceful conversion. The extremists filed a complaint against the Christians of forceful conversion at the Beechanahalli police station. Officers told the Christians to cease future worship, though GCIC reported that Pastor N.S. Suresh had obtained permission from the village head to construct a church building and had produced required legal documents. Nevertheless, revenue officials locked up the church building on Feb. 15. At press time area Christian leaders were meeting with authorities to resolve the matter. 

Karnataka – Hindu extremists from the Rakshana Vedike, affiliated with the Rashtriya Swayamsevak Sangh, on Feb. 8 attacked a pastor identified only as Timothy G. and two Bible students in Bangalore. An Evangelical Fellowship of India representative reported that the extremists attacked the Christians, who belong to Lord Living Hope Church, as they made their way home after visiting a sick Christian in the area. The extremists verbally insulted them and manhandled them, shoving them and threatening to do more harm if they continued Christian activity in the area. The Christians reported the matter to the police and continued to conduct worship meetings in the area. 

Orissa – Hindu extremists on Feb. 7 attempted to rape a refugee at Mondakai Camp and threatened to harm Christians there if they filed a police complaint against them in Phulbani, Raikia P.S. area. A Christian Legal Association (CLA) representative reported that one unidentified man from the Hindu extremist community followed Afasari Nayak, who had fled her home during 2008 anti-Christian violence, as she went to take bath in a river near the camp after work. Nayak shouted for help as the man started attacking her, and people rushed to rescue her. At about 7 p.m. the suspect along with four other extremists went to the camp and threatened to hurt the Christians if they filed a complaint, saying also that the refugee Christians should not return to the village unless they convert to Hinduism, the CLA source said. 

Orissa – Police arrested 11 Christians after Hindu extremists filed a complaint against them of assault on Feb. 3 in Badimunda, Kandhamal. The Evangelical Fellowship of India (EFI) reported that Hindu extremists verbally abused two Christians and threatened harm unless they stopped worshipping Jesus; when the two Christians asserted their right to worship Christ, the extremists began beating them. People of both faiths amassed, and the two Christians managed to escape further attack. At about 7:30 p.m. the next day, five extremists showed up at the same place searching for the two Christians. Forcefully entering the house of Dibyakand Nayak, a Christian, one of the extremists hurt his own forehead, according to EFI. Upon seeing this, the extremists started beating Nayak. They damaged household goods and dragged him to the police station. Police arrested 11 Christians for allegedly causing hurt, causing hurt by dangerous weapons and obscene acts and songs. All except Nayak were released on bail.

Orissa – Two Fast-Track Courts on Jan. 30 convicted 15 people and acquitted 39 others in cases related to anti-Christian violence in August 2008. Judge Sobhan Kumar Das sentenced 13 people to five years imprisonment and fined them 2,500 rupees (US$54) each for torching houses in the Sarangarh area, Kandhamal district, between August 2008 and October 2008. The court, however, acquitted 17 people for “lack of evidence” in the same case. In a separate case related to arson at Ranjabadi village of Kandhamal district, the court sentenced two persons to five years of prison and imposed a fine of 2,000 rupees (US$43) on each of them. Judge C.R. Das of Fast-Track Court II acquitted four people who were accused of violence in Baliguda block, while 18 people were acquitted in another case of arson that took place in Phiringia block, Kandhamal. The district was rocked by anti-Christian violence that lasted more than three months after the Aug. 23, 2008 death of Swami Laxmanananda Saraswati, who was assassinated allegedly by Maoists.

Andhra Pradesh – About 50 Hindu extremists on Jan. 29 accused a pastor of forceful conversion and forced him to eat food offered to Hindu idols in Secunderabad. The All India Christian Council reported that the extremists stopped Pastor Satyam Yellasiri of Good Shepherd Community Church at about 9:30 p.m. as he was returning from a birthday celebration and accused him of forceful conversion. The extremists forced him to eat the food offered to Hindu idols and threatened to beat him when he refused. Police, alerted by the extremists, arrived and took the pastor to the police station, where they detained him for two hours. Officers initially refused to register his complaint against his assailants. The next day, though, with area Christian leaders intervening, police accepted the complaint. Officers claimed they detained the pastor as a safety measure and assured the Christians that immediate action would be taken against the attackers. 

Karnataka – On Jan. 24 in Bidarikere, Chitradurga, Hindu extremists from the Rashtriya Swayamsavak Sangh broke into the worship meeting of Indian Evangelical Mission and assaulted a Christian worker. The Evangelical Fellowship of India (EFI) reported that at about 10:30 a.m. the extremists barged into the meeting shouting slogans and started beating H. Raju, who was leading the meeting, and accused him of forceful conversion. They also burned Bibles and Christian literature and dragged him out to the streets, forcing him to identify Christians’ homes in the area, according to EFI. Entering three Christian houses, the Hindu hardliners threatened to harm Christians if they did not stop worshipping Jesus. Local Christian leaders on Jan. 27 filed a police complaint with Jagalur police, and the next day police arrested three extremists. 

Karnataka – Hindu extremists accompanied by local police stopped the worship service of Calvary Gospel Church (CGC) on Jan. 24 in Dudda, Hassan. Two local police stopped the Sunday worship in the rented house of Sekhar Chandra and his wife, Kala Chandra, and chased the Christian worshippers out of the house. Hindu extremists had filed a complaint against the couple, whose rented home was being used for the worship service. After the Jan. 24 disruption, Hindu extremists announced to all villagers they were not to allow any house be used for Christian worship. Subsequently, the landlord along with an agitated mob threw the couple out of their rented house, along with their household goods. The Christian workers are now renting the house of another Christian in the same area and are continuing their ministry. 

Madhya Pradesh – Hindu extremists from the Bajrang Dal accompanied by Madhya Pradesh police stopped the worship meeting of Central India Christian Mission’s (CICM) Shahdol Christian church on Jan. 23 and forced church members to falsely testify against Pastor S.K. Ashawan in Shahdol. A source reported that the extremists barged into the prayer meeting attended by about 35 Christians, verbally abused them and dragged them to Shahdol police station. Amassing at the police station, the angry extremists beat, punched and kicked the Christians, forcing them to testify falsely against the pastor by saying he offered each of them 5,000 rupees (US$108) to convert them to Christianity and also forced them to eat beef. Under pressure, the Christians gave a written statement with these accusations. Police summoned the pastor, detaining and questioning him for two hours. The town inspector told Pastor Ashawan that 35 Christians had testified against him, and he threatened to beat and arrest the pastor if he did not give him 100,000 rupees (US$2,168). “It was midnight, and I was under pressure with the police threatening to beat and put me in jail if I did not submit the money,” Pastor Ashawan told Compass. The pastor started calling area Christians for help. That night, a source said, 100,000 rupees arrived into the inspector’s hands. Ajay Lal, Director of the CICM, took the matter to administrative authorities, but state Chief Minister Shivraj C. Chauhan advised the area district collector to close the case immediately. Christian leaders planned take the matter to a higher court.

Andhra Pradesh – Hindu extremists on Jan. 10 stormed a house church, disrupting worship and beating a pastor in Jillelguda L.B. Nagar, Hyderabad. The Global Council of Indian Christians (GCIC) reported that at 9 a.m. nearly 50 area extremists belonging to the Rashtriya Swayamsevak Sangh barged into Heavens Glory Church, shouting Hindu devotional chants. Repeatedly slapping Pastor Benhur Johnson, they falsely accused him of forcible conversion and warned him against conducting Christian services in the area. The extremists also beat some who came forward to help the pastor. A GCIC regional coordinator told Compass that Christians telephoned police, who rushed to the church and stopped the attack. Pastor Johnson along with other Christians went to police to register a complaint, but an official mediated an agreement between them and the extremists. The pastor told Compass that no worship was held on Jan. 17 or 24 out of fear of another attack.

Report from Compass Direct News 

Victims of Bomb Blast in Israel Recovering as Suspect Indicted


Messianic Jews hope for punishment from courts, mercy from God, for confessed killer.

ISTANBUL, November 13 (CDN) — One morning during the week of March 10, 2008 in Ariel, Israel, David Ortiz opened his Bible randomly, read the words on the pages that opened before him and was filled with dread.

“I opened the book to Jeremiah, and a verse jumped out, “Ortiz said, referring to Jeremiah 9:21: “Death has climbed in through our windows and has entered our fortresses; it has cut off the children from the streets and the young men from the public squares.”

“I was afraid,” he said. “It was given to me like a promise, but of a different kind.”

For weeks, Ortiz had felt a premonition that something horrible was going to happen to him or his family. Six months prior, while in Norway, Ortiz watched a violent storm rip over the countryside. The wind tore out trees and threw them across a field. But still, through it all, some trees survived. Ortiz felt God was using the storm to speak to him.

“The ones that are rooted are the ones that remain,” he said.

On March 20, 2008, Ortiz’s fears came to pass. When his 15-year-old son lifted the lid of a Purim basket, left anonymously as a gift at their Ariel apartment, a bomb inside the basket exploded.

The bomb was devastating. It damaged the Ortiz family apartment and destroyed much of what they owned. When young Ami Ortiz was taken to the hospital, he was blind, covered with blood and burns and full of needles and screws contained in the bomb. The doctors told his mother, Leah Ortiz, that Ami was “Anush.”

“Literally, in Hebrew it means the spirit is leaving the body,” she said.

Now, 20 months later, Ami is 16, back in school and playing basketball. And yesterday the man that police say committed the crime was indicted for attempted murder.

Other than what has been released in court proceedings, little is known about Jack Teitel, the man accused of bombing the Ortiz family. One thing is certain – he believes he was acting in accordance with the will of God. Walking into court, the 37-year-old, U.S.-born West Bank settler shouted that God was proud of him.

“It was a pleasure and honor to serve my God,” Teitel reportedly said. “God is proud of what I have done. I have no regrets.”

Police said that Teitel is an ultra-Orthodox Jewish nationalist who picked out his targets based on his nationalist philosophy. Along with the Ortiz case, police said Teitel is responsible for the June 1997 shooting death of Samir Bablisi, a Palestinian taxi driver who was found in his cab with a single bullet wound to his head. Two months later, police said, Teitel shot Isa Jabarin, a Palestinian shepherd who was giving Teitel driving directions to Jerusalem.

Police also said that Teitel attempted to burn down a monastery and unsuccessfully planted several bombs. He is also accused of the September 2008 bombing of Zeev Sternhell of Hebrew University in Jerusalem. The bombing left the emeritus history professor slightly wounded.

Teitel has told police he was trying to kill David Ortiz, pastor of a church of Messianic Jews called Congregation of Ariel, not injure his son.

In all, Teitel has been indicted for two cases of pre-meditated murder, three cases of attempted murder, carrying a weapon, manufacturing a weapon, possession of illegal weapons and incitement to commit violence.

Adi Keidar, Teitel’s attorney, reportedly said his client is “mentally unstable.” He cited Teitel’s alleged confession to acts he did not commit. After a psychiatric evaluation by the state, Teitel was deemed fit to stand trial. Keidar is representing Teitel or behalf of the Honenu organization, a nationalistic law firm endorsed by Mordechai Eliyahu, a rabbi known for his far-right Orthodox views.

Honenu is known for defending, among others, Ami Popper. Popper was convicted in 1990 for shooting seven Palestinian workers who were waiting for a ride at a day labor pick-up site. Popper’s attack, like all others cited in Honenu’s website, was said to come “in response” to Palestinian aggression. Despite numerous attempts to contact Keidar, he could not be reached for comment.

David Ortiz said he is not surprised by Teitel’s claim that God is proud of him. Ortiz cited biblical verses where the early Christians were warned that one day people would kill them and think that they were doing the will of God. Teitel, Ortiz said, saw him as an enemy of the nation of Israel.

“He saw me and the professor as false prophets,” Ortiz said.

Police have brought no evidence linking Teitel to any other co-conspirator. But Leah Ortiz said she thinks Teitel worked with others. Teitel’s neighbor, Yosef Espinoza, was brought in for questioning and later released. Teitel does not speak Hebrew, but when he was arrested he was distributing handouts written in Hebrew criticizing homosexuals in Israel.

When his apartment was raided, police found a cache of illegal weapons he has been indicted for owning. Ortiz also said that a recording tape from a closed-circuit television camera taken on the day of the bombing shows Teitel was driven to the Ortiz apartment by another person.

Regardless, Leah Ortiz scoffs at the claim that Teitel was politically motivated. Instead, she said, he used politics and religion as a foil to justify murder.

“He is a serial killer,” she said.

In spite of all the pain that the Ortiz family has gone through, Leah Ortiz said she has seen much good come from the tragedy, including miraculous healings. She said that the bombing has helped soften the opinion of people in Israel toward Jews who believe that Jesus is the Messiah promised by the Jewish prophets.

“It has made them face the facts of how they see Jesus,” she said.

Howard Bass, a leader of a Messianic congregation in Beer Sheva, Israel, said he isn’t so sure.

“It’s not that simple,” he said, adding that such attacks may help tolerant people to eschew violence, but that others will actually be encouraged by the bombings. “It makes people aware of how far they [people set against the Messianic Jews] will be willing to go and abhor them. It’s bringing things to light and forcing people to make a decision: What is good and what is evil?”

Hostile Environment

Bass himself was a victim of at least one attack by anti-missionary, Orthodox extremists. On Dec. 24, 2005, several hundred Orthodox Jews mobbed an outdoor service held by Bass. The mob destroyed church equipment, terrorized congregants and threw Bass into a baptismal pool.

Bass has since sued Yad L’Achim, an Orthodox, anti-missionary organization he said is responsible for inciting the attack. A court decision in the case is due later this month.

On its website, Yad L’Achim asserts that missionaries are “devious” and are trying to “destroy the Jewish people.” The organization makes no distinction in its website between missionaries and Messianic Jews. The site also goes as far as to accuse Messianic Jews of “playing the victim to the hilt” in reference to the Ortiz bombing.

Despite numerous attempts to reach members of Yad L’Achim, no one was made available for comment.

According to the International Religious Freedom Report 2009 issued by the U.S. Department of State, there are 10,000 Messianic Jews in Israel. The report documents several cases of violence against Messianic Jews, including one case on May 15 in which “Ultra-Orthodox residents of the Tel Aviv suburb of Rehovot attacked and beat a group of Messianic Jews who were handing out New Testament pamphlets on the street.”

Additionally, Bass cites a book published this week in Israel entitled, “The King’s Torah.” Bass said the book encourages the killing of gentiles and anyone else deemed to be a threat to Israel.

“We’re seeing a spirit rising,” Bass said, “where they feel they have a legitimate right to kill anyone who threatens the Jewish state.”

Mentioning the book, David Ortiz agreed with Bass, calling the bombing and recent anti-Christian aggression “a shadow of things to come.”

As for what the Ortiz family wishes for Teitel, Leah Ortiz said she hopes he will receive a sentence that is “equal to his crime.” Because Israel has no death penalty, this very likely would mean life in prison.

Regardless of what happens in court, members of the Ortiz family say they have forgiven Teitel.  David Ortiz hopes one day to sit down face-to-face with Teitel and talk. He said he hopes Teitel will become another Apostle Paul.

“There is something inside him that makes him want to kill people. If God has had mercy on me, maybe he’ll have mercy on others,” Ortiz said. “The Lord forgave David and many people in the Bible – my goal and my prayer for him is that he will repent and be saved.”

Report from Compass Direct News 

Convictions Few in Anti-Christian Violence in Orissa, India


BJP legislator, a key suspect in Kandhamal violence, acquitted again and out on bail.

NEW DELHI, November 11 (CDN) — Following six acquittals last week in trials for those accused of the 2008 anti-Christian violence in India’s Orissa state and the release on bail of a key suspect, Christians are losing heart to strive for justice, according to a prosecuting attorney.

The acquittal of six suspects last week raises the total to 121, with just 27 convicted in the Orissa violence by Hindu extremists.

“The victims are so discouraged due to the increasing number of acquittals that they neither have hope nor motivation for the criminal revision of their cases in the higher court,” attorney Bibhu Dutta Das of the Orissa High Court told Compass.

He said the acquittals are the result of defective investigations carried out by police.

“This has been done intentionally, to cover-up the fundamentalists,” he said.

Das said that in many cases police fraudulently misrepresented the ages of culprits so that the ages of the accused in court would not match the age denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

“There can be two persons by the same name, so age is a major identification factor that is considered,” said Das.

Christian leaders in Orissa said the state government’s claims of justice for the victims of the anti-Christian violence ring hollow as the number of acquittals is far more than convictions.

An Orissa state Member of Legislative Assembly (MLA) who was facing charges in 14 cases of “murder, burnings and assaults” in last year’s Kandhamal district violence against Christians has been released on bail in one of the murder cases.

Manoj Pradhan, MLA from the Hindu extremist Bharatiya Janata Party (BJP) in G. Udayagiri block, faces a murder charge in a slaying in Tiangia village. The Orissa High Court awarded him bail in the case, and he was released from Phulbani jail on Oct. 30.

On that day he was also acquitted of arson in a house-burning in Banjamaha village due to “lack of evidence.” In trials relating to the Orissa violence of August-September 2008, the Hindu extremist perpetrators have reportedly intimidated many witnesses to keep them from testifying.

“With Manoj Pradhan, who has charges of murder against him, released on bail, this is a big threat to the witnesses of cases against him,” attorney Das told Compass.

If Pradhan remains free, Das said, he likely will be acquitted in all other cases as he will be able to threaten witnesses.

“Pradhan is already acquitted in six cases, whereas eight cases are still pending against him,” Das said.

Special Public Prosecutor Bijay Pattnaik told reporters that Pradhan was acquitted of the arson charge as only one witness stepped forward.

“He was let off for want of evidence as there was a lone witness in the case,” Pattnaik said. “Only the victim testified in the case, and the charges against Pradhan could not be proved.”

Fast Track Court-I Judge Sobhan Kumar Das on Oct. 30 acquitted Pradhan of the house burning, which took place on Oct. 1, 2008. Earlier Pradhan was acquitted in two murder trials due to “lack of evidence.”

In another case, witnesses had testified to the involvement of Pradhan in the kidnapping of Kantheswar Digal – subsequently murdered on Aug. 25, 2008 – in Sankarakhole village, Phulbani district, but their testimony failed to convince the court to condemn the BJP politician. 

Pradhan was arrested and jailed in October 2008 and was elected as BJP MLA from the G. Udayagiri constituency while in jail.

Three Years of Prison

On Oct. 29 a fast track court at Phulbani sentenced three persons to three years rigorous imprisonment for destroying evidence in the murder of a man during the 2008 attacks in Kandhamal. Judge Das also imposed a fine of 1,000 rupees (US$21) each on Senapati Pradhan, 65, Revenswar Pradhan and Tidinja Pradhan, both 62. Failure to pay the fine would result in an additional three months of prison.

The three men were charged along with seven others for killing tribal elder Sidheswar Pradhan in the village of Solesoru, Tikabali block, on Aug. 25, 2008. 

Prosecutors said the three men clubbed Sidheswar Pradhan to death in front of villagers and family members, and that his body was set on fire. But the Judge Das convicted the three only of destruction of evidence in the case, exonerating them of the murder charges saying, “It could not be proved.”

Padisti Nayak, a 65-year-old widow, was reportedly burned alive on the same day. She had stayed back and not fled even after hearing the news of violence against Christians, believing the attackers would not harm an elderly woman.

Twelve days later Iswar Digal, her son-in-law who had fled to a refugee camp, contacted a district magistrate for information about her. When authorities inspected the family’s gutted home in Solesoru, they found only charred human remains, flesh and bones, which they collected as evidence of the violence.

The court acquitted the other seven of all charges due to lack of evidence against them.

Nabijini Pradhan, nephew of Sidheswar Pradhan, told Asia News that his family has since been receiving death threats.

“I cannot believe the murderers were acquitted,” he reportedly said. “Our family is at risk; we are getting death threats; they want to eliminate us. They killed and burned my uncle’s body to destroy every shred of evidence.”

Human rights activist Dhirendra Panda, a Hindu, told Asia News that some investigators are linked to Hindu extremists.

“Justice has been derailed, and some investigators are linked to the Sangh Parivar extremists,” Panda reportedly said. “They are determined to protect the accused, willing to manipulate cases rather than ensure justice for victims. Now not only are the religious rights of the population undermined, but also the core values of humanity and democracy.”

Report from Compass Direct News