Conviction of Legislator in India Falls Short of Expectations

In murder of Christian, Hindu nationalist sentenced to seven years for causing ‘grievous hurt.’

NEW DELHI, July 2 (CDN) — Christians in Orissa state had mixed feelings about the sentencing on Tuesday (June 29) of state legislator Manoj Pradhan to seven years in prison for causing grievous hurt and rioting – but not for murder.

“Pradhan is not convicted of murder, but offenses of voluntarily causing grievous hurt by dangerous weapons and rioting were upheld,” attorney Bibhu Dutta Das told Compass. “Pradhan will be debarred from attending the Orissa Legislative Assembly unless the order of conviction is stayed by the Orissa High Court, or if special permission is granted by the court allowing him to attend.”

Kanaka Rekha Nayak, widow of murdered Christian Parikhita Nayak, acknowledged that the verdict on Pradhan and fellow Hindu nationalist Prafulla Mallick in the August-September 2008 violence against Christians did not meet her expectations. She said she was happy that Pradhan was finally behind bars, but that she “expected the court to at least pronounce life imprisonment on Pradhan and Mallick for the gruesome act that they committed.”

Das said he will try to increase the sentence.

“Pradhan spearheaded the riots and has several criminal charges against him – he cannot be let off with a simple punishment,” Das said. “We will be filing a criminal revision in the Orissa High Court for enhancing the period to life imprisonment.”

The day after Pradhan was sentenced, two Hindu nationalists were reportedly convicted of “culpable homicide not amounting to murder” in the burning death of a paralyzed Christian during the 2008 attacks on Christians in Orissa state’s Kandhamal district and sentenced to only six years of prison.

UCAN agency reported that Sushanta Sahu and Tukuna Sahu were convicted and sentenced on Wednesday (June 30) in the death of Rasananda Pradhan, a paralytic burned alive when Hindu extremists set his house on fire on Aug. 24, 2008. Church leaders criticized the lenient sentences.

Manoj Pradhan 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 this one, 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.

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats kept witnesses from testifying, the testimony of Nayak’s daughter, 6-year-old Lipsa Nayak, helped seal Pradhan’s conviction.

His widow, Rekha Nayak, told Compass that due to the severe threats on her life that she has received, she and her two daughters were forced to flee the area and go into hiding.

There were around 1,500 Hindu supporters present for this week’s verdict, a source in the courtroom told Compass on condition of anonymity.

“We had to leave the place before the judgment was pronounced and could not enter that area for three or four days after the verdict,” said the source, adding that prosecuting lawyers and human rights activists received the main threats.

Along with the seven years of prison, the Phulbani Court sentenced the Hindu nationalist Bharatiya Janata Party (BJP) member of the Legislative Assembly of Orissa from G. Udayagiri, Kandhamal to a fine a little more than US$100, as it did for Mallick. The verdict came from Fast Track Sessions Court I Judge Sobhan Kumar Das in the Aug. 27, 2008 murder of 31-year-old Parikhita Nayak, a Dalit Christian from Tiangia, Budedipada, in Raikia block of Kandhamal district.

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

“I have the highest regard for the judiciary,” Pradhan told Press Trust of India after this week’s verdict. “We will appeal against the verdict in the higher court.”

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.

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that the judgment was “a good boost to the Christian community.”

“When the trials were on, the Nayak family faced terrible times,” Parichha added. “Pradhan and his associates threatened Kanaka Rekha, the widow of the deceased, right inside the courtroom of dire consequences if they testified about them.”

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar diocese issued a statement saying that the verdict had boosted confidence in the judiciary that criminals will be punished.

“People have been waiting for good judgment, and we have confidence in the judiciary that criminals will be punished,” Cheenath said, adding that the sentence will show criminals that the law will not spare any one. “One day or other, they will be punished.”

The Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass that the verdict offered some hope.

“The fact that something has happened gives us some hope that more convictions would take place in the trials to come,” he said.

Calling the conviction “justice that was long overdue,” Howell said that not much can be expected from Fast Track Courts as no security is provided to witnesses.


Girl’s Testimony

During the 2008 anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa Nayak’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and then 2-year-old sister, Amisha Nayak, watched in horror as the crowd allegedly beat her father for two hours and then killed him by cutting him into pieces and burning him.

Rekha Nayak filed a complaint and a case was registered against Pradhan, 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 was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district. He had campaigned inside jail.

On March 14, Rekha Nayak and her daughter Lipsa testified in court in spite of the threats. Rekha Nayak reportedly testified that when the Hindu mob demanded that her husband renounce Christianity or face death, he kept quiet, which led to his death.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan.

So far he has been exonerated of murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of the Legislative Assembly.

The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Trials are being held for 38 cases in which 154 people have been convicted and more than twice that many have been acquitted, as high as 621 by one count. Victims filed 3,232 complaints in the various police stations of Kandhamal district. Of these, police registered cases in only 832 instances.

“Nearly 12,000 people are accused in the riot case – 11,803 are out on bail,” said attorney Das.

Report from Compass Direct News

Pakistani Authorities Allegedly Torture Christian Girl, Family

Air Force police illegally detain 14-year-old, relatives after allegations of theft.

ISLAMABAD, Pakistan, April 29 (CDN) — Local authorities on Monday (April 26) recovered a 14-year-old Christian girl from Pakistan Air Force (PAF) police who allegedly tortured her and her family for five days here as Christian “soft targets” over false theft allegations, sources said.

Islamabad police in predominantly Sunni Muslim Pakistan removed Sumera Pervaiz from a PAF hospital, where she was recovering from injuries that a doctor said could cripple her for life. Earlier this month, according to family and police sources, PAF police were said to have illegally detained her and members of her family after PAF Wing Commander Faheem Cheema, who had hired Sumera as a maid, found gold ornaments and other valuables missing from his home in PAF Colony, Islamabad.

Cheema filed a theft complaint with local police without naming any suspects, but without informing local officers the wing commander on April 15 allegedly directed PAF police to detain Sumera and four members of her family – Pervaiz Masih, Sana Bibi, Parveen Masih and Kala Masih – who live in PAF Colony in Islamabad. PAF police allegedly failed to inform local police about detaining the family.

Cheema has denied that he ordered PAF police to detain the girl and her family members.

When District and Session Court Judge Mazhar Hussain Barlas ordered Sumera to appear at a hearing on April 22, she testified that on April 15 three persons who were not in uniform arrived at her house at midnight and detained her, her father Pervaiz Masih and the other family members.

“For many days we remained in the custody of those people, who severely tortured me during their ‘interrogation,’” she said.

When the judge asked her who had brought her to the PAF hospital, she replied that during questioning she had lost consciousness and later found herself in the hospital.

“So I don’t know who brought me there,” she said.

Because of injuries sustained during torture, Sumera is barely able to walk, said Dr. Nusrat Saleem of the PAF hospital.

“Sumera is under treatment, we are trying our best, but unfortunately the reports indicate that she might not be able to walk for the rest of her life,” Saleem told Compass.

The Pervaiz family’s Roman Catholic parish priest, Samuel James, said that the theft accusation, illegal detainment and torture would not have happened to fellow Muslims.

“I am really disturbed to see that this innocent family has been severely tortured by the police,” he said. “They have been targeted because of their faith.”

At the April 22 hearing, Sumera testified that as PAF police were questioning her, she saw her brother Imran Pervaiz also was there. The judge instructed the court to take note that PAF police had also taken her brother into custody.

In denying that he had ordered PAF to detain Sumera and her family members, Cheema reportedly said, “I don’t know anything about the illegal detention of the family, nor have I asked the police to interrogate them. They detained the family and tortured them on their own.”

Inspector Saleem Khan of the PAF police, however, indicated otherwise.

“Faheem’s family expressed their doubts about Sumera and her family, saying they are Christians and don’t belong in PAF Colony,” he said.

Initially police had tried to keep Sumera from testifying, with Station House Officer Mumtaz Sheikh telling the court, “Sumera’s health doesn’t allow her to come in the court, and she was therefore admitted in the PAF Hospital.” 

The family’s attorneys, Jamila Aslam and Shamoona Javid, replied that their client was in the hospital because she had been tortured and requested that the judge direct that she be produced in court. Barlas so ordered, and a few hours later police brought her from the PAF hospital. It was the judge also who ordered that she and her family members be removed from PAF hospital custody on Monday (April 26).

Barlas also directed police to produce Sumera’s brother, Imran Pervaiz, before the court, saying that failure to do so would result in an order for police to file a First Information Report against Cheema based on testimony by Sumera and her father.

The judge also directed police to ensure that Sumera gets a medical exam, with the results to be shown to the court.

Christian organizations including Ephlal Ministry, Peace Pakistan, Protect Foundation, Life for All and others have condemned the incident. Ephlal Ministry Chairman Mehboob Alam has called on other Christian leaders to assist the family, as they have been evicted from their PAF quarters. 

Report from Compass Direct News 

Signs of Witness Intimidation Mount in Orissa, India

Fear factor results in transfer of rape case; meantime, 6-year-old girl says politician is killer.

NEW DELHI, April 2 (CDN) — Due in part to intimidation of witnesses in Kandhamal district, a judge this week granted a change of venue for the trial of men accused of gang-raping a nun during anti-Christian attacks in Orissa in 2008.

The trial will be transferred from Baliguda, Kandhamal to Cuttack, near the Orissa state capital of Bhubaneswar. Justice Indrajit Mohanty of the Orissa High Court on Tuesday (March 30) ordered the inter-district transfer of the trial. The nun, Meena Lilita Barwa, had argued that witnesses would be intimidated into refraining from testifying if the trial were held in Kandhamal district.

She also argued that Kandhamal’s intimidating atmosphere made it too dangerous for her appear in court there. Christians were hopeful that the transfer would lead the administration to review police and court processes in Kandhamal district.

Police have arrested 19 people for allegedly assaulting the nun on Aug. 25, 2008 and parading her half-naked through the streets.

Hindu Politician Identified as Killer

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats have kept witnesses from testifying, a 6-year-old girl has identified a powerful local politician as the man who killed her father.

In testimony at Fast Track Court No. 1 on March 14, Lipsa Nayak of Kandhamal identified Manoj Pradhan, a member of the Legislative Assembly of Orissa, as the man who cut and burned her father to death when Hindu extremists attacked Christians following the Aug. 23, 2008 death of a local Hindu leader.

Pradhan has been accused in nine cases of murder and in 14 cases of arson. So far he has been exonerated on the murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of Legislative Assembly. Lipsa’s mother, 32-year-old Kanak Rekha Nayak, has said that Pradhan and his associates have threatened to harm her family if they identified him as the killer.

The Nayak family lived in Tiangia, Budedipada, in Raikia block of Kandhamal district. During the anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and 2-year-old sister, watched in horror as the crowd allegedly beat her father, Parikhita Nayak, for two hours and then killed him by cutting him into pieces and burning him.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan, the MLA from the Hindu nationalist Bharatiya Janata Party (BJP) from G. Udayagiri, Kandhamal.

Her mother later told media, “They played with him for a few hours before cutting him into pieces and dousing him with kerosene.”

Accused as a primary suspect in the murder along with Pradhan is Kali Pradhan. The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. Maoists have taken responsibility for the killing, though Hindu extremists accused Christians in an effort to spark anti-Christian violence. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Christian leaders have denounced the legal process in the Kandhamal violence, saying not only that witnesses have been threatened and the intimidated but that police investigations have been negligent or corrupt.

“There has been no conviction in any case of murder,” said Dr. John Dayal, a member of the National Integration Council. “More than 70 people were killed, and trial is being held only for 38 or so of those deaths. Eleven murder cases have been tried with no one being indicted or sentenced for murder so far – because of terrible investigation by the police, a poor show by the prosecuting lawyers and shoddy judicial process.”

The 123 cases tried in the Fast track courts have resulted in 97 convictions and 323 acquittals, including several cases decided on Wednesday (March 31). Seven people in two separate cases were convicted of arson and rioting cases. Nata Pradhan, Jahala Pradhan, Ashok Mallick, Bapa Pradhan, and Udayanath Pradhan from Raikhala-Gadiapada village were sentenced for two years imprisonment for destroying the house of Birendra Nayak of the same village. They were also fined 2,500 rupees (US$55). In the other case, Ratnakar Pradhan and Parsuram Pradhan from village Tatamaha, Raikia block were convicted of riot and arson.

At the same time, Fast Track Court I Judge S.K. Das acquitted 20 people persons in three separate cases for lack of evidence.

“Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial,” said Archbishop of Orissa Raphael Cheenath in a statement. Previously he had demanded that the cases of politically powerful persons such as Manoj Pradhan be transferred out of Kandhamal to ensure proper justice.

“We are deeply concerned about the high rate of acquittals in the Fast Track Courts,” Cheenath said. “Victims filed 3,232 complaints in the various police stations of Kandhamal. Of these, the police registered cases in only 832 instances.”

Orissa Chief Minister Naveen Patnaik filed a written admission in the Orissa Assembly in November 2009 in which he said 85 members of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS), 321 persons of Hindu nationalist umbrella group Vishwa Hindu Parishad (VHP) and 118 persons of Hindu extremist youth wing, the Bajrang Dal, had been arrested for their involvement in the Kandhamal riots.

While the government says that situation is normalizing in Kandhamal, Christian leader like Dr. John Dayal give a different story.

“While it is possible to visit one half of the district of Kandhamal and discover only peace, it is the other half of the district which speaks of the continuing tyranny,” he said. “The bloodshed has stopped because of belated police action, but the miscarriage of justice and the lost peace continue to haunt thousands of people who have not been able to go back to their homes for fear of their lives. Thousands of children cannot go to school, especially the girls. What is worse is that many girls have been trafficked.”

The district collector banned all Christian organizations from coming to the district to bring aid to victims after the 2008 violence, he added, “and it took an appeal to the Supreme Court of India by the archbishop of Bhubaneswar for much needed relief to be given to the people in the then refugee camps.”

He expressed doubts about the government portrait of normalcy in Kandhamal.

“Even if the church does its best, only half of the 5,600 or so houses burned to the ground will ever be rebuilt,” he said. “The district collector and other officers of the civil and police system who are guilty of gross dereliction of duty continue to be in control. Thousands of men continue to be without jobs. Is this normalcy?”

Firebrand Arrested

On March 20, a controversial leader of the VHP, Praveen Togadia, was arrested as he tried to defy orders prohibiting him from entering Kandhamal. Togadia had played a major role in whipping up passions among the Hindus of Kandhamal after the killing of Saraswati.

Togadia had led a procession with the body of Saraswati through different areas of the district for more than 100 kilometers, sparking off or intensifying violence against Christians.

The government of Orissa came under heavy fire from civil society for allowing the procession, and on the latest occasion the local administration was careful to detain Togadia under the Section 151 of the Code of Criminal Procedure, which provides for authorities to make arrests to prevent potential offenses. Togadia was later released on bail.

Togadia termed the prohibition on his visit a “ban” that was “illegal and undemocratic.” In response to the “ban” on Togadia, the Hindu extremist Sangh Parivar and the BJP protested with a 12-hour bandh (shut down) in Kandhamal on March 20, while the VHP held demonstrations in Bhubaneswar, Berhampur, Bolangir, Sambalpur and Cuttack. VHP also blocked National Highway 217 for one hour and burned an effigy of Chief Minister Patnaik.

“The state government didn’t stop foreign missionaries from going to tribal areas of Kandhamal and other parts of Orissa,” VHP leader Swadesh Pal Gupta said. “They were being provided with full support and freedom. But when a leader who is an International Secretary General of VHP tries to go to Kandhamal, the government stopped him. We are staging a nationwide protest against this.”

Report from Compass Direct News 

Recent Incidents of Persecution

Chhattisgarh, India, November 17 (CDN) — Police on Nov. 8 detained Christians based on false allegations of “allurement to conversion” in Yadunandan Nagar, near Bilaspur. The Global Council of Indian Christians reported that at 8:45 p.m., nearly 150 locals stormed the house where a prayer service led by Kesboram Bhagel and his sister-in-law, Sangeetha Daniel, was taking place for a sick boy. Led by Hindu extremists from the Dharam Sena and Bajrang Dal shouting “Jai Shri Ram [Hail Lord Ram],” area Hindus dragged Bhagel out of the house as they slapped and kicked him. Police came to the site but remained mute spectators as the extremists continued beating Bhagel. Officers took Bhagel and other Christians to the Civil Lines Police Station at 10:10 p.m., followed by nearly 70 Hindu extremists, and released them at 3:30 a.m. without being charged. Police officials told Compass that they could not arrest any of the Hindu aggressors because Bhagel stated that he could not identify any of them. 

Karnataka – Police along with Hindu nationalist extremists on Nov. 6 disrupted a house church service in Bhadravathi, Shimoga district, falsely accused a physically challenged pastor of forcible conversion and verbally abused him. The Global Council of Indian Christians reported that around 12:30 p.m. nearly 20 intolerant Hindus barged into the Faith in Christ house church as three families assembled for their weekly service. Pastor Kannan Ramesh, owner of a small tailoring shop out of the same house, told Compass that the extremists angrily questioned two Christians identified only as Thrimurthi and Kumar about “conversion activities” at the church. They also tried to coerce Kumar into falsely testifying that Pastor Ramesh was forcibly converting local villagers, which Kumar refused to do in spite of threats. The extremists took Pastor Ramesh by auto-rickshaw to Old Town Rural Police Station in Bhadravathi, along with Kumar and Thrimurthi. Police questioned Pastor Ramesh about his tailoring business and warned him against using the place as a church, and then released the Christians without charges at about 11 p.m.

Karnataka – Nearly 20 Hindu nationalist extremists from the Bajrang Dal on Nov. 3 attacked a Christian identified only as Manjunath on the pretext of “forcible conversions” near an apartment complex in Attavar, Mangalore. The Daijiworld Media Network reported that the extremists struck Manjunath, a construction worker, with their hands at the BG Court Apartments as he stood outside his rental unit. They entered Manjunath’s apartment and found Christian literature. Neighbors said they had no knowledge of any conversion activity at his apartment; local sources confirmed this to Compass, and police arrived at the same conclusion after an investigation. Occasionally Manjunath’s friends assembled for prayer at his house, sources said, and Hindu extremists noticed and mobilized a mob, bringing along local television crew that filmed the attack.

Chhattisgarh – Nearly 100 Hindu nationalist extremists on Nov. 1 stormed a Sunday service, attacking a pastor, his family and the congregation and spewing baseless accusations of forceful conversion in Fukagirola, 30 kilometers (19 miles) from Kondagaon, Bastar district. The Evangelical Fellowship of India (EFI) reported that at 11 a.m. the mob barged into Milan Prarthana Mandir church, accused Pastor Angel Natham of forcible conversion and started beating him. They snatched his 1-year-old son, Akush Raj, from his wife and threw him to the ground, then beat her and 10 others. EFI reported that Kondagaon police arrived at 1 p.m. and took the pastor to the police station, and only afterward was he sent to a hospital where he underwent treatment. His son’s left ear was reportedly injured, and the infant was having difficulty hearing. A police official told Compass a complaint of forcible conversion against the pastor was filed by a person identified only as Shuklal, and that an investigation into the assault was in progress.

Chhattisgarh – Suspected Hindu extremists attacked a Sunday worship service on Oct. 25 at Masturi, 17 kilometers (10 miles) from Bilaspur district, injuring the backbone, arms and chest of Pastor Pavitra Kumar Beshra. The 27-year-old pastor of Beersheba Church of God, who works with Indian Evangelical Team (IET), was attacked by masked men dressed in cricket uniforms at 1:30 p.m. They arrived on motorcycles and called Pastor Beshra out of the church, then started to beat him with a cricket bat and stumps, Anish Charan told Compass. The pastor managed to escape and shut himself into the church building. The attackers also injured another church member, Triveni Basanti, 34, according to IET, and damaged a church member’s motorcycle. The unidentified men left the place shouting “Jai Shri Ram [Hail Lord Ram].” Pastor Beshra has filed a First Information Report with local police.

Karnataka – Hindu extremists attacked a school for street children in Hubli district on Oct. 22. Some 25 members of the Sri Ram Sene (Army of Lord Ram) forcefully entered the school building of the Adarsha Children’s Education Centre, which belongs to the minority Christian community, and damaged school property, Bibles and other books, reported the Global Council of Indian Christians. After vandalizing the school, the extremists went to a police station and pressed charges against school authorities for allegedly “forcefully converting” students to Christianity. This educational center, managed by Daniel Lingaraju, was started in July and is dedicated to training and teaching poor street children.

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 


Two key figures in Malatya murder trial again fail to show despite court orders.

MALATYA, Turkey, July 21 (Compass Direct News) – Under the pretext of recovering from medical treatment he received earlier this month, a key suspect in the murders of three Christians in southeast Turkey dodged court for the second time, further stalling the legal process, prosecuting attorneys said.

Journalist Varol Bulent Aral, one of the suspected “middlemen” who allegedly incited five young men to brutally murder Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske at the Zirve Publishing Co. in Malatya two years ago, again failed to show at a hearing on Friday (July 17).

The three Christians were bound and tortured before they were murdered on April 18, 2007 at the Christian publishing house, where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught trying to escape from the scene of the crime.

Aral was admitted for mental health treatment a few days after the last hearing in June and was released from the Adiyaman penitentiary hospital on July 8. The gendarmerie, however, failed to produce him in court on Friday (July 17) claiming that he was recovering from treatment.

Prosecuting attorneys pointed out that the reason the gendarmerie did not bring him to the June hearing from the penitentiary in Adana, nearly 300 kilometers (186 miles) from Malatya, was due to lack of funds – yet the gendarmerie seemed to have no trouble finding funds to take him for treatment in Adiyaman, which is the same distance from Adana as is Malatya.

“Last time [in June] they said they couldn’t bring him because of insufficient funds,” said prosecuting lawyer Erdal Dogan. “This is unacceptable… now in the same way they make excuses, saying they took him to the hospital. It seems they are mocking us, especially since previous health reports said that he was in good health.”

Prosecuting attorneys also pointed out that it was suspicious that Aral was admitted to the hospital only days after a court order that he appear at the July 17 hearing.

“It seems to us that they are trying to silence him by making him evade court,” said prosecuting attorney Dogan of the “deep state” officials that he and his colleagues believe masterminded the murders of the three Christians. “I truly hope that is not the case.”

Charged with high-security cases, the gendarmerie are holding Aral, but some believe the gendarmerie and its intelligence services are connected with Turkey’s “deep state.”

In the last year, nearly 150 people have been arrested in Turkey under suspicion of being connected to a cabal of retired generals and politicians called Ergenekon, accused of trying to overthrow Turkey’s Islamic-leaning but secular government. Some key figures of the Ergenekon case are believed to be behind the Malatya slayings and the murders of Italian Catholic priest Andrea Santoro, killed in the Black Sea coastal town of Trabzon in February 2006, and Armenian Christian editor Hrant Dink, who was shot in front of the weekly Agos three months before the slaughter in Malatya.

The Malatya and Ergenekon prosecutors, however, are still researching links between the murders and have yet to try them jointly.

Aral has been arrested in conjunction with both cases. In a previous statement, he had complained that retired Gen. Veli Kucuk, who has also been arrested in connection to Ergenekon, had threatened him about testifying. Aral testified to the Ergenekon case state judges privately in May, but the content of his testimony has not been publicized.

Judges have found the phone numbers of ultranationalist lawyer Kemal Kerincsiz and Sevgi Erenerol, spokesperson for the Turkish Orthodox Church – a Turkish nationalist denomination – in Aral’s personal phone book. Both figures are accused of playing leading roles in Ergenekon and spearheaded prosecution of Christians Hakan Tastan and Turan Topal for speaking to people about their faith.

While in prison, alleged ring-leader Gunaydin testified to the state prosecutor that Aral had contacted him and instructed him to carry out the murders. Gunaydin had also testified that Huseyin Yelki, who worked as a volunteer at the Zirve office, had planned details of the crime with him.

Yelki is still obligated to appear at every court hearing and continues to be a suspected middleman. Thus far, however, his testimony has yielded no clear indication of his role.

Burcu Polat, Gunaydin’s girlfriend, also failed to appear in court on Friday, telling police that she was not ready because she is a student in Balikesir, in northwest Turkey. The prosecution noted in court that universities are not in session and requested that the court find her guilty of not fulfilling her duty to appear in court.

The court again has ordered Aral and Polat to appear in court at the next hearing on Aug. 21.

Report from Compass Direct News 


Alleged ring-leader retracts testimony implicating suspected link to ‘masterminds.’

MALATYA, Turkey, May 28 (Compass Direct News) – Prosecution efforts to tie the murderers of three Christians here to state-linked masterminds were set back on Friday (May 22) when the alleged ring-leader unexpectedly contradicted his previous testimony implicating a suspected “middleman.”

As the suspected middleman between the murderers and “deep state” elements, Huseyin Yelki, was testifying at Friday’s hearing, Emre Gunaydin – whose previous private testimony led to Yelki’s arrest – stood up and said, “Huseyin Yelki is not guilty, he’s being held in prison for no reason.”

The prosecuting team and judges at the Malatya Third Criminal Court froze at the statement, and then demanded to know why he had previously implicated Yelki. Gunaydin said he did so because Yelki was a Christian missionary.

Gunaydin has also implicated Varol Bulent Aral, a journalist allegedly attached to a far-reaching political conspiracy known as Ergenekon. Aral is the second suspected middleman.

For his part, Yelki testified during the court hearing that he had met Gunaydin only once prior to the murders. According to Gunaydin’s previous testimony, Yelki’s brother facilitated various meetings between Gunaydin and Yelki in which they planned the knife attack on the three Christians at a Christian publishing house. During a private hearing this past winter, a judge showed Gunaydin photos of different people, and he immediately identified Yelki’s brother.

Gunaydin’s retraction raised suspicion among the judges that in recent months he has received visits in prison from those behind the murders who have pressured him to change his statement.

“Tell me the truth, have you spoken to anyone?” the judge barked at him.

“I swear to God, I have not!” said Gunaydin.

The judges requested a list of everyone who has visited Gunaydin and the other four suspects – Salih Gurler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim – while they’ve been in prison over the last two years. Further questioning of Yelki failed to yield clear and incriminating answers, and the judges released him.

Lead prosecuting lawyer Orhan Kemal Cengiz told Compass that records of the jail visits to Gunaydin may be inconclusive.

“These visits might be off the record [unofficial], we don’t know,” Cengiz said. “But we have a tiny hope that we may catch something through these records.”

Yelki, a former volunteer at Zirve Publishing Co., was taken into custody in February on suspicion that he had incited the five young suspects to kill the three Christians, Turkish Necati Aydin and Ugur Yuksel, and German Tilmann Geske, in April 2007.

Cengiz called Yelki’s testimony a “disaster.” Even though it is apparent to the court that Yelki has had many contacts with gendarmerie intelligence, Cengiz said, he was not able to explain the nature of his calls, claiming that he wanted to speak to them about the Bible.

“We are very suspicious about him,” Cengiz said. “Everyone is suspicious.”

As a result of the last hearing, the court also asked for a record of all of Yelki’s bank statements over the past few years to see if they point to ties with gendarmerie or other suspicious activities.

“To us it is obvious that Yelki is one of the links that connects these youngsters to upper levels,” said Cengiz. “But he refused to cooperate, and in my view it is also obvious that Emre was pressured to change his statement, because in his earlier statement that he gave the prosecutor, he accused Yelki of instigating them to commit this crime. But he changed after that.”

Cengiz said that Yelki made other misrepresentations, such as his claim in court to have stayed in bed for two months recovering from leg surgery, when telephone records showed he hopped between different southeastern Turkish cities during that time.

“It was obvious that he was telling a lot of lies, because he said that after the release from the hospital he rested for two months,” said Cengiz, “but according to his telephone he was traveling and very intensively, actually.”

Missionaries as Criminals

An undercover gendarme who works in drug and gun enforcement, Mehmet Çolak, also took the stand on Friday (May 22). Phone records show that he may have been one of the communication links between alleged masterminds and others, and his name was mentioned in an informant letter sent to the court.

His testimony, however, yielded no information helpful to prosecutors. When defense lawyers asked him which bureau of the gendarmerie follows missionary activities in Turkey, Çolak replied, “Counter-terrorism.” The response typified the defense argument that the Christian victims brought the murder upon themselves by undertaking missionary activity.

In their concluding statements, defense lawyers requested that the court conduct a thorough investigation involving police, the army and gendarmerie to establish whether missionary activities are a crime. The judges rejected their request.

Prosecuting lawyers said that the lawyers have been trying to vilify missionary activities from the beginning of the case in an attempt to gain a lighter sentence for the five young men and also to make a nationalist political point.

“It is a very poor tactic,” said Cengiz. “At the final hearing, they would like to make a defense that states, ‘This attack was provoked … You see these people [missionaries] are trying to divide our country.’ They want to say that this is an unjust provocation, and as a result these youngsters were very angry and lost their temper. But this is rubbish.”

Ergenekon Trial

Hearings and investigations of Ergenekon, a clandestine nationalist group believed to have sought to overthrow the government by engineering domestic chaos, continue apart from the Malatya trial.

Two suspects arrested in relation to the case, Aral and Veli Kucuk, a retired general, have also been implicated in the Malatya murders. They were both questioned by Ergenekon prosecutors and judges earlier this month.

Nearly 140 people have been arrested in connection to the case. Prime Minister Recep Tayyip Erdogan has been criticized for allegedly allowing indiscriminate arrests of people who oppose his political line and who are not connected to the “deep state” cabal.

Kemal Kerinçsiz, a Turkish lawyer famous for filing court cases and complaints against dozens of Turkish journalists and authors for “insulting Turkishness,” has also been arrested in relation to Ergenekon. Kerinçsiz is responsible for the cases opened against Turkish Christians Hakan Tastan and Turan Topal, who have been on trial for two years for “insulting Turkishness” because they spoke openly about their faith.

In the next Malatya court hearing scheduled for June 19, judges expect to hear the testimony of Aral and others who have been implicated.


Although it was expected that the Malatya hearings would become part of the Ergenekon trials, Cengiz said that chances are slim if the thin evidence thus far does not become more substantial.

Yelki’s release, he said, showed that although his testimony tainted his credibility, there was not enough evidence that he is connected to the case.

“My conclusion is that we’re going nowhere,” said a tired Cengiz, “because the powers behind the scenes were very successful in organizing everything. They organized everything, and we’re going nowhere.”

In order for the Malatya and Ergenekon hearings to merge, Cengiz said, the court will need something more solid than implicated names.

“We don’t have something concrete,” said Cengiz. “All these names are in the air … all connections show gendarmerie intelligence, but there is no concrete evidence yet, and apparently there will be none. The trouble is that it’s very frustrating – we know the story but we cannot prove it.”

Report from Compass Direct News


Government uses brothers as scapegoat in murder; officials claim violence not sectarian.

ISTANBUL, December 1 (Compass Direct News) – Two Coptic Christians wrongfully arrested for killing a Muslim during the May 31 attack on Abu Fana monastery in Egypt have been tortured and sent to a detention camp so authorities could try to extract a false confession, their lawyer said.

Egyptian authorities sent brothers Refaat and Ibrahim Fawzy Abdo to El Wadi El Gadid Detention Camp near the Egypt-Sudan border on Nov. 22. A week earlier they were bailed out pending their court case – but never released – and held in a Mallawi police station until their transfer to the camp.

The brothers’ attorney, Zakary Kamal, said the timing of the murder at the monastery rules out any possibility of the two Copts having committed it.

Monks at Abu Fana say the Fawazy Abdo brothers were far from the monastery at the time of the May 31 attacks, which began at roughly 4 p.m. and continued until police arrived four hours later.

Security forces are detaining the brothers to blackmail the Coptic Church into testifying that the attack against Abu Fana monastery in Mallawi, Upper Egypt, was not religiously motivated, Kamal said.

“They want the whole issue to be seen by the public as if it were an exchange of gunfire and a criminal case that had nothing to do with persecution of Christians,” he told Compass.

At the beginning of Refaat and Ibrahim Fawzy Abdo’s captivity in June, police subjected the two men to electric shocks eight hours a day for three days to try to force them to testify that the Abu Fana monks were armed during the attack, sources said.

Kamal said those guilty in the attack knew the brothers were innocent but attempted to extort 5 million Egyptian pounds (US$920,000) from the Coptic church in exchange for testimony in support of the brothers during informal “reconciliation meetings.”

Such meetings are somewhat customary in Egypt, in which different parties come together to settle legal matters out of court. Egyptian parliamentarians attended the first meetings, but the parties did not reach a settlement.

Kamal said he worries that police and parliamentarians are using the meetings to pressure the Coptic Church to agree to their terms and take the focus of the case off of rising sectarian violence within Egypt.

Reconciliation meetings are part of a larger trend in Egypt of the government framing such clashes as cases of simple land disputes with no sectarian overtimes, the attorney claimed, and so far he has refused to pay money in exchange for a testimony.

“I completely refused any agreements of reconciliation, because if we accept those terms, that means we admitted [the brothers] killed someone,” he said.

The two men worked as building contractors on the walls of Abu Fana monastery when nearly 60 armed Muslim residents attacked it on May 31. The attack left one Muslim dead, four Christians injured, and three monks briefly kidnapped.

Ibrahim Tiqi Riad, the brother of resident monk Father Mina, was also kidnapped and remains missing. A Coptic priest who preferred to remain anonymous told Compass that they believe he may have been forcibly converted to Islam.

In the course of the violence, attackers tied two of the kidnapped monks to a palm tree, whipped and beat them, and forced them to spit on a cross and give the confession of Islam, according to a report by the Coptic Assembly of America.

Five days after the attacks, security forces arrested the Fawazy Abdo brothers, charging them with murder. Their case is pending.

The families of the two men are suffering in their absence as they were the sole breadwinners. The electricity in their families’ houses has been shut off since they can’t pay their bills, Kamal said.

The reasons behind the death of the Muslim at Abu Fana monastery remains a mystery. Police did not record the details of the killing in the investigation report of the monastery attack.

Bishop Demetrios Avanmina, head of the Mallawi diocese and abbot of Abu Fana monastery, is working to resolve the matter with local politicians and security forces.

Avanmina declined to comment to Compass on the brothers’ captivity, saying only that he and others were working with the police and the state to resolve the matter.


Government Spin

The nature of the May attacks against the monastery, located 200 kilometers (124 miles) south of Cairo, is in dispute. Coptic advocacy groups claim the attacks were motivated by growing hostility against Egypt’s Christian community.

But local Muslims say monastery leaders were illegally taking possession of land and attempting to frame the attacks in the form of religious persecution in order to gain sympathy for their cause.

Gov. Ahmed Dia el-Din said police reports have documented disputes over the land going back several years, and that Abu Fana obtained portions of its land from informal contracts, resulting in the governor’s rejection of the monastery’s claim of possessing valid land titles, according to Egyptian weekly Al-Maydan.

Following the attacks, hundreds of Coptic Christians took to the streets of Mallawi to demonstrate against the violence. They chanted, “With our blood and soul, we will defend the cross.”

The monastery has seen violent episodes in the past with its neighbors, typically over issues relating to land.

In January another group of a dozen men armed with automatic weapons burned the monastery’s library and destroyed many monastic cells, according to the Coptic Assembly advocacy group.

The Coptic Church makes up at least 10 percent of the Muslim-majority country’s population of 80 million. Its church dates back to the early centuries of Christianity.  

Report from Compass Direct News