Light Sentences for Attack on Christians in Indonesia Condemned

Prosecutors’ refusal to file felony charges said to encourage more violence.

JAKARTA, Indonesia, March 10 (CDN) — Human rights and Christian leaders said a West Java court’s light sentence for Islamic extremists who injured a church pastor and an elder will encourage more violence and religious intolerance.

After those involved in the Sept. 12, 2010 clubbing of the Rev. Luspida Simanjuntak and the stabbing of elder Hasian Lumbantoruan Sihombing of the Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) in Ciketing received sentences of only five to seven months, the Setara Institute for Democracy and Peace released a statement asserting that the judges’ panel was acting under pressure from Muslim extremists.

“The public will think that violence, intolerance, and obstruction of worship are part of their religious worship and duties,” the institute stated regarding the Feb. 24 sentences.

After prosecutors decided to file minor charges citing “insufficient evidence” for assault charges, the judges issued verdicts that have injured people’s sense of justice, and the light sentences set a “rotten” precedent for strengthening the rule of law in Indonesia, according to the institute.

“Specifically, the verdict neither is a deterrent nor does it educate the public that violent acts in the name of religion are serious matters,” according to the Setara statement.

Saor Siagian, attorney for the church, told Compass that the facts of the case had shown that the assailants should have been charged with joint assault under Section 170 of Indonesia’s penal code, which could have resulted in sentences of five to nine years. Instead, prosecutors opted to charge them only with maltreatment under Section 351.

The alleged planner of the attack, Murhali Barda, head of the Bekasi chapter of the Islamic Defenders Front (FPI), received a sentence of only five months and 15 days for “disorderly conduct” (Section 335) even though he should have been prosecuted for incitement and joint assault, Siagian said.

“The trial brought to light facts that pointed toward incitement by Murhali Barda via Facebook, text messages, and orders to the defendants to attack the congregation of HKBP on Sept. 12, 2010 at Ciketing,” said Siagian. “If he had been charged with Section 170 he would have been facing a five-to-nine-year sentence, and Section 160 [incitement] carries a six-year sentence. These are both felonies.”

Judges of the State Court in Bekasi, West Java handed down a seven-month sentence to Adji Ahmad Faisal, who stabbed church elder Sihombing; the prosecutor had asked for sentence of 10 months. Ade Firman, who clubbed Pastor Simanjuntak hard enough to send her to the hospital for treatment, was given a six-month sentence; prosecutors had requested an eight-month sentence. Two under-age defendants were found guilty and turned over to their parents.

Along with Barda of the FPI, eight other defendants received sentences of five months and 15 days: Ismail, Dede Tri Sutrisna, Panca Rano, Khaerul Anwar, Nunu Nurhadi, Roy Karyadi, Kiki Nurdiansyah, Suprianto and one identified only as Ismail; prosecutors had asked for six-month sentences.

During the trial, 100 members of the FPI demonstrated in front of the courthouse, demanding that Barda and the others be immediately released. As each sentence was read out, the demonstrators shouted “Allahu Akbar [God is greater].”

The lawyer for Barda, Shalih Mangara Sitompul, said the verdicts brought about peace between both parties. His client was found guilty of incidents that took place on Aug. 1 and 8, 2010, he said, questioning why the Sept. 12 attack became the basis for criminal prosecution as Barda did not even encounter Pastor Simanjuntak on that date.

Sitompul said he would appeal the verdict.

Pastor Simanjuntak said the light sentences showed that the state was unable to fully enforce the law.

“This country is more afraid of the masses than standing for justice,” she said. “That’s what happened in the state court in Bekasi. With heavy hearts we accept the verdict.”

The stabbing victim, Sihombing, said that he was not surprised by the light sentences.

“The verdicts were not just, but I don’t know what else to do,” he said. “I’ve just got to accept things.”

Indonesia is a country that follows the rule of law, he said, and therefore it is not right to give a light sentence for stabbing.

“Even so, as a Christian and elder of the congregation, I have forgiven the person who attacked me,” he said.

Attorney Siagian said the sentences will fail to act as a deterrent.

“It passively encourages future violence in the name of religion by radical groups against minorities – not only against the HKBP church, but also against citizens in other areas,” he said. “Also, the verdict shows that the judge sides with those who committed violent acts in the name of religion, and it is a threat to pluralism and diversity in Indonesia.”

Report from Compass Direct News

Christians in Turkey Acquitted of ‘Insulting Turkishness’

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

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

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

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

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

Tastan expressed mixed feelings about the verdicts.

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

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

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

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

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

Still, he expressed qualified happiness.

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

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

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

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

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

 

Christianity on Trial

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News

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

Special Investigations Team Sought in Orissa Violence

Acquittals increasingly surpass convictions due to shoddy or corrupt police investigators.

NEW DELHI, December 7 (CDN) — Christian leaders in India have called for a special investigations team to counter the shoddy or corrupt police investigations into anti-Christian violence in Orissa state in August-September 2008.

Of the 100 cases handled by two-fast track courts, 32 have been heard as of Nov. 30, resulting in 48 convictions and more than 164 acquittals. A legislator for the main Hindu extremist party has been exonerated “for lack of evidence” in six cases, most of them involving murder charges. The number of cases registered total 787.

“Christians are extremely shocked by this travesty of justice in Orissa,” attorney Bibhu Dutta Das told Compass.

The government of Orissa set up two fast-track courts in Kandhamal district headquarters for cases related to the violence that began in August 2008 after the killing of Swami Laxmanananda Saraswati and four of his disciples in Jalespetta on Aug. 23, 2008. The chief minister of Orissa state has admitted that Hindu extremist umbrella group Sangh Parivar was involved in the anti-Christian violence (see sidebar below), and Christian leaders have said they are increasingly concerned over verdicts in the fast-track courts based in Phulbani.

Among those exonerated “for lack of evidence” was Manoj Pradhan, a legislator from the Hindu extremist Bharatiya Janata Party (BJP), who was acquitted of murder on Nov. 24. He was accused of killing Trinath Digal of Tiangia village on Aug. 25, 2008.

Thus far, Pradhan has been cleared in six of 14 cases against him.

“Manoj Pradhan has been let off in all the major cases against him, mostly murder cases, for lack of evidence,” attorney Das told Compass. “Now only small cases of arson remain against him.”

Attorneys said acquittals have resulted from police investigations that were intentionally defective to cover up for Hindu extremist attackers. In many cases, for example, police have fraudulently misrepresented the ages of suspects so they would not match with those denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

Nine people were convicted, and five suspects, including Pradhan, were acquitted “for lack of evidence” on Nov. 18 for burning the house of Ratha Nayak in Mlahupanga village, Kandhamal on Aug. 27, 2008. Those convicted were sentenced to four years of prison and fined 3,500 rupees (US$75) each.

In a previous 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 Member of the Legislative Assembly from the G. Udayagiri constituency while in jail.

On Nov. 24, Judge C.R. Das acquitted six suspects: Budhdeb Kanhar, Purander Kanhar, Gadadhar Kanhar, Sudhir Pradhan, Ajibana Pradhan and Dadhi Mallick. They were accused of killing Meghanad Digal and his wife Priyatama from Dutukagam village, Tikabali on Sept. 25, 2008.

Judge S.K. Das sentenced 12 persons to four years of prison along with a fine of 2,000 rupees (US$43) each on Nov. 28 for torching houses and shops at Sirtiguda village, under Nuagaon police jurisdiction, on Sept. 13, 2008.

Indo-Asian News Service reported that on Nov. 30 Sanjeev Pradhan was convicted of torching the house of Shravan Kumar Digal of Penagari village on Aug. 25, 2008. Sanjeev Pradhan was sentenced to prison for five years and fined 7,500 rupees (US$160).

Special Investigation Team Sought

Christian leaders are calling for a special investigation team like the one created after communal violence wracked Gujarat state in 2002.

“The need of the hour is a special investigation team, for the investigations of the Orissa police have caused doubts,” attorney Das said. 

He added that the cases should be transferred out of Kandhamal, as Christian leaders feel justice cannot be served in the district’s Hindu extremist atmosphere.

Many of the Christians displaced as a result of the violence have yet to return to their villages. The archbishop of Bhubaneswar-Cuttack, Raphael Cheenath, told media that out of 50,000 people displaced, about half have returned, “but they are facing housing problems. The state government should take it up earnestly.”

Dr. John Dayal of the All India Christian Council stated in a Dec. 4 report that “several thousand of the 50,000 Christian refugees are still to return home. Many cannot, as they have been told they have to convert to Hinduism before they will be accepted in the villages. The threats and coercion continue till today.”

He added that most of the more than 5,000 houses destroyed in December 2007 and August-October 2008 mayhem have yet to be rebuilt.

Attorney Das told Compass many of those who fled their village fear returning home.

“It is true that in many cases, the pre-condition of converting to Hinduism and facing violence if they do not has been the factor that has prevented the people from returning to their homes,” he said. “The fear of being attacked again has also stopped many from going into their villages. The government has not been very successful in instilling trust in the Christian community that such incidents can be prevented in the future.”

Orissa police yesterday arrested a man accused in the rape of a nun during the violence in Kandhamal. Gururam Patra was reportedly arrested in Dharampur.

He was accused of leading a mob that attacked the nun at on Aug. 25, 2008. Police have so far arrested 19 people in the incident, with another 11 still at large. The 29-year-old nun has told police she was raped and paraded naked by a Hindu extremist mob, and that officers only stood by when she pleaded for help.

SIDEBAR

Official Names Hindu Nationalist Groups in Orissa Violence

NEW DELHI, December 7 (Compass Direct News) – The ruling party of Orissa state, which labelled last year’s mayhem in Kandhamal district as “ethnic violence,” has publicly admitted that Hindu nationalist groups were behind the killings and arson of Christians and their property.

“It is learnt from the investigation into the riot cases that the members of the RSS [Rashtriya Swayamsevak Sangh], the VHP [World Hindu Council] and the Bajrang Dal were involved in the violence that took place last year,” Orissa Chief Minister Naveen Patnaik told the state legislative assembly last month.

Patnaik, in response to a question by a member of the Communist Party of India, also disclosed that police had arrested 85 people from the RSS, 321 members of the VHP and 118 Bajrang Dal members in the attacks. He said that only 27 members from these groups were still in jail.

The others were either bailed out or acquitted for lack of evidence, which Christians say is due to shoddy or corrupt investigation by police and prosecutors (government attorneys).

Soon after violence in Kandhamal broke out in August 2008, Patnaik blamed it on “conflict of interest” between Dalits (people at the bottom of the caste hierarchy in Hinduism and formerly known as “untouchables”) and tribal people.

National media speculated that Patnaik was seeking to deflect attention from the Bajrang Dal, which had been accused of the attacks on the Christians. The Bajrang Dal (Army of Hindu God Hanuman) is the youth wing of the VHP, which is seen as part of the RSS family.

Local Christians had suspected the role of the RSS and related outfits since the violence began on Aug. 24, 2008 – one day after Hindu nationalist leader Laxmanananda Saraswati was killed by Maoists (extreme Marxists) and RSS members blamed Christians for it.

The RSS is a Hindu nationalist conglomerate whose political wing, the Bharatiya Janata Party (BJP), was part of the ruling coalition during the 2008 eruption of the violence that killed more than 100 people, mostly hacked to death or burned alive, and incinerated more than 4,500 houses, over 250 churches and 13 educational institutions.

Patnaik’s party, the Biju Janata Dal (BJD) broke up its 11-year-old alliance with the BJP in March 2009, a month before state assembly and national elections were held. The BJD, which fought the two elections alone, won a majority in the state assembly and most seats in parliament from the state.

It was only after the coalition’s break-up that the BJD began to hint at the culpability of the RSS and related groups.

“It was important to break up with the BJP, because I don’t consider them healthy any longer for my state after Kandhamal [violence] – which I think is very apparent to everyone,” Patnaik told CNN-IBN, a private TV news channel, on April 19.

A state government-constituted panel, the Justice Mohapatra Commission of Inquiry, is probing the Kandhamal violence but has yet to issue its final report.

Meantime, a report of another panel, the Justice M.S. Liberhan Commission of Inquiry, said that top leaders of the BJP, the RSS, the VHP and the Bajrang Dal “meticulously planned” the demolition of the 17th century Babri Mosque 17 years ago.

More than 2,000 people were killed in communal violence across the country following the demolition of the mosque on Dec. 6, 1992. The incident polarized voters along religious lines and subsequently contributed to the BJP’s rise in Indian politics.

The Liberhan report, presented to parliament on Nov. 25, indicted several Hindu nationalist leaders, including former Prime Minister Atal Bihari Vajpayee, current Leader of Opposition in the People’s House L.K. Advani, VHP leader Ashok Singhal and former RSS chief K.S. Sudarshan.

Observers said the indictment of extreme Hindu nationalists, however, has come too late, as the BJP no longer seems to be powerful at the national level.

Report from Compass Direct News 

Five More Christian Leaders Sentenced in China

Arbitrary administrative decision sends church leaders to re-education labor camp.

LOS ANGELES, December 3 (CDN) — Bypassing the court system, China arbitrarily sentenced five more leaders of the Fushan Church in Linfen City, Shanxi Province, on Monday (Nov. 30), this time to re-education labor camps for two years, according to China Aid Association (CAA).

A Chinese court last week sentenced five house church leaders to three to seven years in prison after they were arrested en route to Beijing to file a complaint about an attack on their church, according to the advocacy organization. The five leaders sentenced to labor camps this week were accused of “gathering people to disturb the public order” after they organized a prayer rally of 1,000 people the day after military police and others attacked their church members and building on Sept. 13.

In what CAA termed “an arbitrary administrative sentence by the Public Security Bureau enacted so the leaders would not be ‘required’ to go through the court and prosecution system,” China delivered the verdicts to church leaders Li Shuangping, Yang Hongzhen, Yang Caizhen (wife of Pastor Yang Xuan, who was sentenced to three years of prison on Nov. 25), Gao Qin (also known as Gao Fuqin), and Zhao Guoai.

“Yang Caizhen was seen being beaten severely during an interrogation,” CAA said in a press statement. “Having had one of her front teeth knocked out during a beating, and fasting and praying during her detention, Ms. Yang is reported to look very fragile.”

The church leaders, the latter four women, were arrested on Nov. 11. They had helped to organize a prayer rally after the Sept. 13 attack on the Fushan Church branch congregation in Linfen, when some 400 uniformed police and civilians bearing shovels, batons, bricks, iron hooks and other weapons had beaten members of the church who were sleeping at the nearly finished factory building used as a worship site.

With several Fushan County officials involved in the attack, more than 30 Christians were seriously injured among the 100 Christians who were hurt, CAA reported. According to the Epoch Times, a church member’s relative obtained a license to build the shoe factory and was allowing the group to meet there, as the church was growing too large to meet in homes and the building could hold up to 400 people.

As Chinese authorities had kept the families of Gao Qin and Zhao Guoai under tight surveillance, CAA relied on church sources to confirm their sentences to labor camp. The organization said family members had confirmed the sentences of the other three.

“Linfen house church Christians continue to be monitored by Chinese military police, including neighboring Golden Lampstand Church (Jin Dongtai) in Linfen City,” CAA stated.

The organization said authorities violated Chinese law by refusing to provide family members of the prisoners with copies of documents notifying them of the sentences.

All 10 of the Fushan Church leaders plan to appeal their sentences, according to CAA.

“To arbitrarily send five innocent citizens to labor camps is in direct violation against the international human rights covenants and norms the Chinese government has signed and even ratified,” said CAA President Bob Fu.

The five pastors previously sentenced were arrested on Sept. 25 without a warrant, according to CAA. Yang Rongli was sent to prison for seven years for “illegally occupying farming land” and “disturbing transportation order by gathering masses.”

She and four other pastors were sentenced on Wednesday (Nov. 25) at the People’s Court of Raodu district, Linfen City, Shanxi Province. Yang’s husband, Wang Xiaoguang, was handed a sentence of three years on the charge of “illegally occupying farming land.” Cui Jiaxing was sentenced to four and half years, and Yang Xuan to three and half years, on the same charge; Zhang Huamei received four years of prison for “disturbing transportation order by gathering masses.”

The pastors were arrested by Shanxi Province officers of the Public Security Bureau (PSB). Fu characterized their trial as a farce, saying the case demonstrated a deteriorating state of religious freedom in China.

Yang Rongli and Wang Xiaoguang had led the Fushan Church, part of a 50,000-strong house church network in Linfen and the surrounding villages, for more than 30 years.

The Beijing PSB has misrepresented the demolition and attack on the Linfen branch church as a response to a “violent uprising,” Fu said.

Report from Compass Direct News 

Wheels of Justice Begin Turning in Orissa Violence

Six sentenced for anti-Christian rampage; tensions persist.

NEW DELHI, September 10 (CDN) — A fast-track court in Orissa state on Monday (Sept. 7) sentenced six people to four years of “rigorous imprisonment” and a fine of 2,000 rupees (US$41) each for their role in anti-Christian violence in the state’s Kandhamal district a year ago.

The court in Phulbani ordered them to remain in prison another three months if they are unable to pay the fine. Additional Sessions Judge Shobhan Kumar Das announced they were convicted of setting Christian houses on fire and engaging in unlawful assembly by defying curfew.

Following the assassination of a Hindu leader on Aug. 23, 2008, Kandhamal district was the epicenter of nearly three months of violence by Hindu extremists that killed at least 100 people and burned more than 4,500 houses and over 250 churches and 13 educational institutions; 50,000 people were displaced. Although Maoists took responsibility for the assassination, Hindu extremists blamed Christians in order to ignite large-scale violence on the minority community.

Sentenced on Monday were Kiringa Kanhar, Lasia Kanhar, Gananath Kanhar, Lankeswar Kanhar, Naresh Kanhar and Gorekh Pradhan. Police had charged 11 people, all residents of Tambasuga village, for burning the houses of Ladada Kanhar and his two sons in the same village in August of last year. The court acquitted five of them for lack of evidence.

The government has set up two fast-track courts at Phulbani, Kandhamal district to bring justice to the victims of violence. A total of 831 cases of violence have reportedly been filed.

“The police have dropped around 300 First Investigation Reports out of the 800-odd cases due to various reasons like lack of evidence,” Orissa High Court attorney Bibhu Dutta Das told Compass. 

On June 30, Fast Track Court-II had convicted and sentenced Chakra Mallick of Gochhapada for his involvement in the violence. Mallick was sentenced to four years in prison and a fine of 4,000 rupees (US$82). At the same time, 15 others were acquitted due to lack of evidence.

In addition, Fast Track Court-I had sentenced five people – Bisra Kanhar, Durbasha Kanhar, Rabi Kanhar, Gupteswar Kanhar and Naresh Kanhar of Salaguda village – to six years of prison and a fine of 6,000 rupees (US$123) each.

With the conviction of the six people on Sept. 7, the total number of convictions for the violence increased to 12, while at least 42 others have been acquitted.

Police reportedly arrested 680 persons for their alleged involvement in the violence, and 10,000 people were named in 827 cases registered during the anti-Christian rampage last August. Charge sheets have been filed in 437 cases, with investigations underway in another 354 incidents including the rape of a nun, Director General of Police Manmohan Praharaj told media.

The two Fast Track courts are expected to deliver more verdicts soon. But attorney Das told Compass that the two judges assigned to the Fast Track courts are capable of taking on more cases than they have so far; he predicted they would see an increase soon.

“We will request the [Orissa] High Court to intervene in this situation so that police can speed up investigations,” Das said.

Kandhamal District Collector Krishan Kumar said investigations had already concluded in two-thirds of all cases submitted to police, and that charge sheets had been filed.

“Ten to 12 people have already been convicted in the span of one year,” he said. “This shows that the Orissa government is very serious about justice.”

Fearful Witnesses Attorney Das told Compass that the distance between the Phulbani court and the villages of witnesses is 70 to 80 kilometers (nearly 50 miles), and that they refuse to attend hearings because they have not been provided security.

“Only after a warrant is issued by the court to the witness do they appear before the court,” he said, “for in that case the police usually accompany them to the court since it is a warrant.”

District Collector Kumar told Compass that no witnesses had filed First Information Reports asking for police protection.

“If anybody asks for protection, it will be given to them,” he said.

The state government has shut down the last of the relief camps for victims of the violence that began after the assassination of a Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati and four of his disciples at his Jalespata ashram (religious hermitage) in Kandhamal district on Aug. 23, 2008.

The last two camps at Tiangia and Mandakia had housed some 700 refugees from the violence. The government had set up 14 relief camps in Kandhamal alone to accommodate the thousands of people who came in searching for shelter; the violence eventually spread to 14 of Orissa’s 30 districts.

A relief camp in Tikabali in Kandhamal district was shut down on July 27, and when 35 families from there finally returned to their village of Bodimunda on Aug. 29, Hindu extremists attacked them at night. They damaged their tents, and fighting erupted as Christians tried to defend themselves.

“The superintendent of police of that area was informed, and the police intervened on time,” District Collector Kumar told Compass. “There were no casualties, and no one was hurt.”

Report from Compass Direct News