Why retirement village contracts need to be regulated like insurance

Timothy Kyng, Macquarie University

While you may think signing a retirement village contract is similar to buying a house or apartment, it isn’t. Retirement village contracts resemble insurance contracts more than purchase agreements, only they aren’t regulated like insurance products.

The lack of regulation increases the risk for retirees. They face considerable delays in receiving their payments when they leave, costs due to the delay, and the potential loss of all payment from companies that don’t need to meet the financial standards of an insurance company.

Most retirement village contracts provide the consumer with a combination of the right to reside in the retirement village (until death, incapacity for independent living, or voluntarily relocation) and an “exit payment” upon leaving. As both the amount and timing of this payment depends on the resident’s death or ill health, the payment is a de facto insurance payout.

This makes the retirement village contract a combination of the right to reside and a de facto insurance policy. But the insurance policy comes from companies that wouldn’t normally be allowed to sell insurance.

Retirement villages are mostly small private companies or not-for-profit organisations. This means they aren’t required to publish their annual financial statements, hold reserves, or have reinsurance arrangements like an insurance company. The consumer can’t be confident that the retirement village is financially healthy and able to pay out the exit fee, due to the absence of information about their accounts and financial condition.

Fees and more fees

There is a great variation in the structure of the fees that retirement villages charge – entry fees, ongoing fees and a so-called “deferred management fee”, which is an amount taken out of the money refunded to departing residents.

These fees can be substantial – the entry fee alone is often comparable with the cost of buying an apartment. Although the amount varies by location, one operator told a Victorian parliamentary inquiry the entry fee was equivalent to 80% of the cost of a house nearby.

A retirement village contract might have an entry fee of A$1 million, a deferred management fee of 6% of the entry fee per year of residence, and a maintenance fee of A$500 per month.

For a contract with a A$1 million entry fee, after five or more years of residence, the deferred management fee is A$300,000, so the exit payment is A$700,000. But the deferred management fee can vary greatly. It may be 10% per year for three years, or 3% for 10 years etc.

The exit payment can also include some share of the resale value of the apartment. But the retirement village needs to be able to pay out this exit payment.

The need for proper regulation

The assets held by retirement villages are almost all invested in real estate. This is risky, as they aren’t diversified and their assets can’t be easily turned into cash.

When a retirement village has to pay a departing resident their exit payment it may take a long time to sell their apartment, which could involve a loss on resale. This can also lead to delays in receiving exit payments.

After signing their retirement village contract, residents are also in a weaker bargaining position than a traditional tenant in a normal pay-as-you-go rental arrangement. This is because residents have already paid their rent in advance for the rest of their life, and it usually costs a lot of money to get out of these contracts.

In some retirement village contracts the resident may be forced to spend a lot of money on renovations – such as for a new bathroom and kitchen – so that the apartment can be sold and they can get the exit payment.

This issue is compounded by the complexity of the contracts, which can be hard for both consumers and financial advisers to understand.

This creates substantial risk for consumers, and the lack of a requirement to publish financial statements and related information makes it very difficult to assess the financial soundness of a retirement village operator.

If retirement village contracts are in fact insurance agreements, then they should be regulated differently – by the Australian Prudential Regulatory Authority and not by state governments, as is now the case.

If retirement villages were properly regulated then consumers would be better protected from failure of operators and better protected from delays and capital losses when they get their exit payment.

Timothy Kyng, Senior Lecturer, Department of Applied Finance and Actuarial Studies, Macquarie University

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

Nepal: The Village of Stolen Kidneys

Latest Persecution News – 31 March 2012

Lao Officials Arrest Five Christians in Southern Village

The following article reports on the latest persecution against Christians in Laos – this time for leading a religious movement without approval.

http://www.compassdirect.org/english/country/laos/article_1463400.html

 

Briefs: Recent Incidents of Persecution in India

The following article reports on the latest incidents of persecution in India.

http://www.compassdirect.org/english/country/india/article_1488858.html

 

Sudan’s Aerial Bombing Aims at Churches in Nuba Mountains

The following article reports on Sudanese air strikes aimed at churches in South Kordofan state.

http://www.compassdirect.org/english/country/sudan/article_1489959.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an
indication of persecution being faced by Christians around the world.

Hindu Extremists in India Beat Pastor Unconscious

Evangelist was traveling with sons from one village to another.

NEW DELHI, April 22 (CDN) — Hindu extremists beat a pastor and evangelist unconscious in front of his sons earlier this month in Madhya Pradesh state.

Ramesh Devda, 30, from Dhadhniya, Meghnagar district, said he was attacked on April 4 at about 11 a.m. after leading a prayer meeting in Chikklia village. He said he was on his way to Bhajidongra, at the border of Madhya Pradesh and Gujarat states, by motorcycle with his two sons, 10-year-old Elias, and 8-year-old Shimon, to lead another prayer meeting.

When he reached Raseda village, he said, suddenly three people on two motorcycles blocked his way and forced him to stop.

“Suddenly out of nowhere these three men appeared in two motorcycles – they blocked me and tilted my motorcycle,” Pastor Devda told Compass. “We fell down. They were carrying big bamboo sticks and clubs. They started beating me, and then they called and three more men came and started to attack me.”

He said he was thankful that his sons were spared from beating, though his older son sustained a leg injury in the course of the attack.

“They were angry at me and were threatening to kill me and were warning me not to come to their area again,” he said. “My sons were screaming at the top of their voices, and they were afraid. One of the men hit me on my forehead with a big bamboo stick, cracking my skull. The others were also beating me on my body, especially my back with bamboo sticks.”

A blow to the forehead temporarily blinded him, he said.

“My eyes were darkened, and I fell down, and they proceeded to beat me even more,” he said. “The men were also abusive in the foulest language that I had heard, and they were drunk.”

People passing by heard the two boys crying out and came to help, and the attackers fled, he said, leaving the unconscious pastor and his sons.

“I do not know who helped me, as I was unconscious,” Pastor Devda said. “But I came to know later that local Christians also came in and called the emergency helpline. As a result, an ambulance came, which then took me to the hospital.”

He was taken to Anita Surgical Hospital on Station Road in Dahod, Gujarat. There a physician identified only as Dr. Bharpoda told him that he had fractured his skull.

“I am being treated for my wounds now, but there is still a lot of pain,” Pastor Devda said.

A Christian for 15 years, Pastor Devda has been in Christian leadership for 11 years and now serves with the Christian Reformed Fellowship of India. He has two other children, Ashish and 4-year-old Sakina, and his wife Lalita, 28, is active with him in Christian service.

Pastor Devda leads congregations in Chikklia, Bhajidongra and Dhadhniya villages.

“I have heard that I was attacked because the people of Chikklia did not like me conducting the Sunday service there,” he said. “The people who beat me up do belong to a Hindu fundamentalist outfit, and some believers in Chikklia know them. I can recognize them if I see them again.”

He said, however, that he does not want to file a First Information Report (FIR) with police.

“There is no one supporting me or standing with me in my village or my mission, and I am myself fearful, as I have to continue to minister to these very people,” Pastor Devda said. “I know my attack was pre-planned, but I do not want to report it to the police.”

A Christian co-worker from Rajasthan was also attacked about a month ago in equally brutal fashion, he said, but also refrained from filing an FIR because of fear of repercussions.

Vijayesh Lal, secretary of the Evangelical Fellowship of India’s Religious Liberty Commission, said the tribal belt that extends to the border areas of Madhya Pradesh, Gujarat and Rajasthan, has been a hot spot for anti-Christian activity since the late 1990s.

“Only recently a 65-year-old evangelist was beaten and stripped by Hindu extremists,” he said. “It is a worrisome trend, and one that should be dealt with not only by the government but by the secular media and civil society in general.”

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

Suspected Islamists Burn Down Two Homes in Ethiopia

Two thatched-grass structures belonged to evangelist who received threats.

NAIROBI, Kenya, April 21 (CDN) — A Christian near Ethiopia’s southern town of Moyale said suspected Islamic extremists on March 29 burned down his two thatched-grass homes.

Evangelist Wako Hanake of the Mekane Yesus Church told Compass he had been receiving anonymous messages warning him to stop converting Muslims to Christ. The Muslims who became Christians included several children.

“Inside the house were iron sheets and timber stored in preparation for putting up a permanent house,” said Hanake, who is in his late 30s. “I have lost everything.”

The incident in Tuka, five kilometers (nearly three miles) from Moyale in southern Ethiopia’s Oromia Region, happened while Hanake was away on an evangelistic trip. A neighbor said he and others rescued Hanake’s wife and children ages 8, 6 and 2.

“We had to rescue the wife with her three children who were inside one of the houses that the fire was already beginning to burn,” said the neighbor, who requested anonymity.

Church leaders said neighbors are still housing Hanake and his family.

“The family has lost everything, and they feel fearful for their lives,” said a local church leader. “We are doing all we can to provide clothing and food to them. We are appealing to all well wishers to support Hanake’s family.”

Hanake said he has reported the case to Moyale police.

“I hope the culprits will be found,” he said.

An area church leader who requested anonymity told Compass that Christians in Moyale are concerned that those in Tuka are especially vulnerable to a harsh environment in which religious rights are routinely violated.

“The Ethiopian constitution allows for religious tolerance,” said another area church leader, also under condition of anonymity, “but we are concerned that such ugly incidents like this might go unpunished. To date no action has been taken.”

Tuka village, on Ethiopia’s border with Kenya, is populated mainly by ethnic Oromo who are predominantly Muslim. The area Muslims restrict the preaching of non-Muslim faiths, in spite of provisions for religious freedom in Ethiopia’s constitution.

Hostility toward those spreading faiths different from Islam is a common occurrence in predominantly Muslim areas of Ethiopia and neighboring countries, area Christians said, adding that they are often subject to harassment and intimidation.

Ethiopia’s constitution, laws and policies generally respect freedom of religion, but occasionally some local authorities infringe on this right, according to the U.S. Department of State’s 2010 International Religious Freedom Report.

According to Operation World, nearly 40 percent of Ethiopia’s population affiliates with the Ethiopian Orthodox Church, 19 percent are evangelical and Pentecostal and 34 percent are Sunni Muslim. The remainder are Catholic (3 percent) and ethno-religious (3.7 percent).

 

Jimma Violence

In Jimma Zone in the country’s southwest, where thousands of Christians in and around Asendabo have been displaced as a result of attacks that began on March 2 after Muslims accused a Christian of desecrating the Quran, the number of churches burned has reached 71, and two people have reportedly been killed. Their identities, however, were still unconfirmed.

When the anti-Christian violence of thousands of Muslims subsided by the end of March, 30 homes had reportedly been destroyed and as many as 10,000 Christians may have been displaced from Asendabo, Chiltie, Gilgel Gibe, Gibe, Nada, Dimtu, Uragay, Busa and Koticha.

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

New Christian Convert from Islam Murdered

Muslim militants shoot young man dead after learning he had begun to follow Christ.

NAIROBI, Kenya, April 20 (CDN) — Two Muslim extremists in Somalia on Monday (April 18) murdered a member of a secret Christian community in Lower Shabele region as part of a campaign to rid the country of Christianity, sources said.

An area source told Compass two al Shabaab militants shot 21-year-old Hassan Adawe Adan in Shalambod town after entering his house at 7:30 p.m.

“Two al Shabaab members dragged him out of his house, and after 10 minutes they fired several shots on him,” said an area source who requested anonymity. “He then died immediately.”

The militants then shouted “Allahu Akbar [God is greater]” before fleeing, he said.

Adan, single and living with his Muslim family, was said to have converted to Christianity several months ago. Area Christians said they suspected someone had informed the Islamic militants of his conversion. One source said that a relative who belonged to al Shabaab had told Adan’s mother that he suspected her son was a Christian.

“This incident is making other converts live in extreme fear, as the militants always keep an open eye to anyone professing the Christian faith,” the source said.

Two months ago there was heavy fighting between the rebel al Shabaab militants and forces of the Transitional Federal Government (TFG), in which the TFG managed to recover some areas controlled by the rebels. Al Shabaab insurgents control much of southern and central Somalia.

With estimates of al Shabaab’s size ranging from 3,000 to 7,000, the insurgents seek to impose a strict version of sharia (Islamic law), but the transitional government in Mogadishu fighting to retain control of the country treats Christians little better than the al Shabaab extremists do. While proclaiming himself a moderate, President Sheikh Sharif Sheik Ahmed has embraced a version of sharia that mandates the death penalty for those who leave Islam.

Al Shabaab was among several splinter groups that emerged after Ethiopian forces removed the Islamic Courts Union, a group of sharia courts, from power in Somalia in 2006. Said to have ties with al Qaeda, al Shabaab has been designated a terrorist organization by several western governments.

On Jan. 7, a mother of four was killed for her Christian faith on the outskirts of Mogadishu by al Shabaab militia, according to a relative. The relative, who requested anonymity, said Asha Mberwa, 36, was killed in Warbhigly village when the Islamic extremists cut her throat in front of villagers who came out of their homes as witnesses.

She is survived by her children – ages 12, 8, 6 and 4 – and her husband, who was not home at the time she was apprehended. Her husband and children have fled to an undisclosed location.

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

Pakistani Christian Falsely Accused of ‘Blasphemy’ Illegally Detained

Policeman says Arif Masih, held at an undisclosed location, is innocent.

LAHORE, Pakistan, April 15 (CDN) — Police in Punjab Province, Pakistan have illegally detained a Christian on a “blasphemy” accusation, even though one officer said he was certain an area Muslim falsely accused 40-year-old Arif Masih because of a property dispute.

On April 5 Shahid Yousuf Bajwa, Masih’s next-door neighbor, initially filed a First Information Report (FIR) against “an unidentified person” for desecrating the Quran after finding threatening letters and pages with quranic verses on the street outside his home in Village 129 RB-Tibbi, Chak Jhumra, Faisalabad district. Desecrating the Quran under Section 295-B of Pakistan’s blasphemy statutes is punishable by up to 25 years in prison.

“Some identified person has desecrated the Holy Quran and has tried to incite sentiments of the Muslims,” Bajwa wrote in the FIR. Clearly stating that he did not know who had done it, he wrote, “It is my humble submission to the higher authorities that those found guilty must be given exemplary punishment.”

Bajwa charges in the FIR that when he went outside his home at 9 p.m. and found the pages, he looked at them by the light of his cell phone and thought they were pages of the Quran. Masih’s uncle, Amjad Chaudhry, told Compass the pages look like those of a school textbook containing quranic verses.

Chaudhry said Bajwa and his two brothers are policemen. After Bajwa found the pages and the threatening letters, Chaudhry said, he arranged for an announcement to be made from the loudspeaker of the area mosque.

“The message urged all the Muslims of the village to gather there due to the urgency and sensitivity of the matter,” Chaudhry said.

He said initially local Muslims were very angry and suggested that Christian homes be set ablaze, but that others said the Christians should be first given a chance to explain whether they were responsible.

“Then some Muslims began saying that because Arif Masih lived on this street, he would be the person who could have done this crime,” he said. “However, most of the people who gathered there said that they knew Arif Masih well and they could not imagine he could do such a vile thing. But others insisted that because Masih was the only Christian who lived on the street, only he could be suspected of the crime.”

At about 10 p.m. on April 5, Chaudhry said, Bajwa’s brother Abdullah Bajwa called Masih to the Siyanwala police station, where he was arrested; Masih’s family members were unaware that he had been arrested.

According to Section 61 of Pakistan’s Criminal Procedure Code, an arrested person must be produced within 24 hours before a court; Masih has been detained at an undisclosed location without a court appearance since April 5, with police failing to register his arrest in any legal document, making his detention illegal. Investigating Officer Qaisar Younus denied that Masih was in police custody, but Superintendent of the Police Abdul Qadir told Compass that Masih had been detained for his own safety.

Younus told Compass that he was sure Masih was innocent, but that he had been falsely accused because of a land dispute.

 

Property Conflict

According to Chaudhry, about two years ago Masih bought a plot next to his house that another villager, Liaquat Ali Bajwa (no relation to Shahid Yousuf Bajwa) wanted to buy – and who despised Masih for it, telling the previous owner, “How come a Christian can buy the plot that I wanted to buy?”

The parcel owner had given Masih preference as he knew him well, and he understood that the homeowner adjacent to the property had the first rights to it anyway.

At the same time, Ali Bajwa was able to seize about five square feet of the house of a Christian named Ghulam Masih after the wall of his home was destroyed in last year’s flooding. Feeling he was not in position to challenge Ali Bajwa, Ghulam Masih sold the land to Arif Masih so that he could take charge, Chaudhry said.

Arif Masih subsequently filed a civil suit against Ali Bajwa to evict him from his property. Chaudhry said Arif Masih was about to win that case, and that Ali Bajwa thought he could retain that property and obtain the one Arif Masih had purchased by accusing him of blasphemy with the help of police officer Shahid Yousuf Bajwa.

Ali Bajwa had been threatening Masih, saying, “You will not only give me this plot, but I will even take your house,” Chaudhry said.

Chaudhry said he had learned that Shahid Yousuf Bajwa felt badly after villagers criticized him for falsely accusing an innocent man of blasphemy, but that Bajwa feared that if he withdrew the case he himself would be open to blasphemy charges.

 

Neighbors

Arif Masih’s family has remained steadfast throughout the case, refusing to flee the area in spite of the possibility of Muslim villagers being incited to attack them, Chaudhry said.

“It all became possible because of Muslim villagers who sided with us,” he said.

Chaudhry said that when police arrived at the scene of the Muslims who had gathered with the pages and the threatening letters, the villagers told officers that they had not seen who threw them on the street. He said that the letters included the threat, “You Muslims have failed in doing any harm to us, and now I order you all to convert to Christianity or else I will shoot you all.”

The letters did not bear the name of the person who wrote them, he added.

On Monday (April 11), Chaudhry managed to meet with Masih, though Masih’s wife has yet to see him. Chaudhry told Compass that the first thing Masih asked him was whether everyone was safe, as there are only three Christian families in the area of about 150 Muslim homes.

“If the mob had decided to harm our houses, then it would have been very devastating,” Chaudhry said.

After Masih was arrested, at midnight police came to his house and began beating on the main gate, Chaudhry said. When Masih’s wife, Razia Bibi opened the door, the officers rushed into the house and searched it.

“They were looking for some proof, but thank God they could not find anything that could even be remotely linked with the incident,” he said.

Chaudhry added that police have not mistreated Masih, but he said the matter has lingered so long that he feared police may involve him in the case, or that “things may go wrong like in most blasphemy cases.”

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

India Briefs: Recent Incidents of Persecution

Karnataka, India, April 8 (CDN) — Four Christians, including a police constable, were beaten on April 1 in Madikeri district on allegations of “religious conversion abetment,” as if conversion were illegal in India. Daijiworld Media Network reported that K. Nidugane villagers were enraged when a Christian constable identified only as Prasanna, along with three others identified only as Diwakar, Lawrence and Dias, went door-to-door distributing pamphlets and books in Nandimotte village. A few enraged Hindu villagers beat them, tore their clothes half-off, and brought them to a police station. Hindu extremist leaders who found out rushed to the village, but before they could manhandle the four, policemen intervened and took the accused Christians into custody. Deputy Superintendent of Police J.D. Prakash said that a recommendation had been sent to the superintendent of police seeking Prasanna’s suspension from service, the Daijiworld report stated. Diwakar, along with his wife Telcy Diwakar, had also been arrested and released on bail when they visited Devastoor village on March 26. A police official told Compass that the Christians have been charged with “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”

Karnataka – Police on April 1 arrested Christians after Hindu nationalists registered false complaints of “conversion” against them (religious conversion is legal in India) in Kodihalli, Bangalore. The Global Council of Indian Christians (GCIC) reported that citizens identified only as Vincent, Johnson, Satyan and Naveenand Vinod were at a prayer and fellowship meeting in the home of a Christian when area Hindu extremists led by a person identified only Prashanth stormed the house, made the accusation and forced them to the Kodihalli police station. A GCIC coordinator told Compass that the intolerant Hindus shouted anti-Christian rants along the way, and that police were mute spectators as the extremists mocked the Christians at the police station. Police charged the Christians with “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”

Himachal Pradesh – On March 17 at Rekong Peo in Kinnur district, Hindu extremists ostracized the Christian community and warned them under threat of violence to conduct no future worship meetings. The All India Christian Council (AICC) reported that Hindu nationalist extremists barred Christians from using a public road, collecting drinking water and entering a local forest. A group of 20 Christians filed a complaint at the Bhavannagar police station, but officials failed to protect the victims at the behest of the local Hindu extremists. AICC submitted a detailed report to the National Commission for Minorities, requesting an investigation.

Kerala – On March 31 on Kara Beach Road, Kodungallur, Hindu extremists attacked Pastor N.V. Eliyas and Pastor Milton George of New India Church of God as they were returning home with their families from a house dedication prayer service. The extremists shouted slogans against the Christians as they accused them of “forceful conversions,” reported the Global Council of Indian Christians. The Hindu extremists damaged the Christians’ vehicles. Pastor Eliyas sustained injuries on his head and ear and was rushed to the Kodungallur Government Hospital. Police arrested 35 Hindu extremists who were involved in the incident.

Uttar Pradesh – On March 20 in Lonianpurawa, Balrampur district, an irate mob of 60 Hindu extremists barged into the worship meeting of The Healing Church and beat those present. An earlier incident had taken place the previous Sunday (March 13), when Hindu extremists threatened the worship led by convert Gudgi Verma and his wife Saroja Verma, according to the Evangelical Fellowship of India (EFI). Opposing their thriving ministry in the area, local Member of the Legislative Assembly Gorakhnath Baba allegedly had sent about 25 Hindu extremists to the church to deliver the warning to discontinue church services. The Christians continued, and on March 16 Baba and 50 Hindu extremists went to the site, urged the couple to stop all Christian worship meetings and restore Hindu idols to the house, give offerings to the temple and observe all Hindu festivals, according to EFI. Evangelists Abhay Kumar and Keshov Parsad went to Lonianpurawa on March 20 to lead worship, and the Hindu extremists suddenly barged in, verbally abused the Christians for their faith and beat them. The situation in the area is reported as tense, and local Christians are praying to be able to resume regular Sunday worship meetings.  

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

Islamic Mob Burns Down Church in Egypt

‘Kill all the Christians,’ local imam tells villagers.

CAIRO, March 8 (CDN) — A Muslim mob in a village south of Cairo last weekend attacked a church building and burned it down, almost killing the parish priest after an imam issued a call to “Kill all the Christians,”  according to local sources.

The attack started on Friday evening (March 4) in the village of Sool, located in the city of Helwan 35 kilometers (22 miles) from Cairo, and lasted through most of Saturday. A local imam, Sheik Ahmed Abu Al-Dahab, issued the call during Friday afternoon prayers, telling area Muslims to kill the Christians because they had “no right” to live in the village. The attack started several hours later.

The Rev. Hoshea Abd Al-Missieh, a parish priest who narrowly escaped death in the fire, said the clamor of the church being torn apart sounded like “hatred.”

“I was in the attack, but I can’t describe it,” he said. “The sound of the church being destroyed that I heard – I can’t describe it, how horrible it was.”

According to villagers, the mob broke into the Church of the Two Martyrs St. George and St. Mina, and as they chanted “Allahu Akbar [God is greater],” looted it, demolished the walls with sledgehammers and set a fire that burned itself out the next morning. Looters removed anything valuable, including several containers holding the remains of venerated Copts – most of whom were killed in other waves of persecution – then stomped and kicked the containers like soccer balls, witnesses said.

After the fire went out, the mob tore down what little remained of the church structure. The group of Muslims then held prayers at the site and began collecting money to build a mosque where the church building once stood, said the assistant bishop of Giza the Rev. Balamoun Youaqeem.

“They destroyed the church completely,” he said. “All that was left is a few columns and things like that. As a building, it’s all gone.”

During the fire, Al-Missieh was trapped in a house near the church building that was filling up with smoke. He faced a difficult dilemma – choke or burn to death in the house, or face an angry mob of thousands screaming for blood.

“When the smoke was too much, I told myself, ‘I am dying anyway,’ so I decided I would go out and whatever happened, happened,” Al-Missieh said.

When he went outside, a man with a rifle told the priest to follow him. At first Al-Missieh was reluctant, he said, but the man fired off two rounds from the rifle and told the crowd to step away.

“No one will touch this man, he is with me,” the priest remembered the man yelling at the mob. Al-Missieh was taken to a house where he met three other workers who were at the church when it was attacked. The men all relayed stories similar to the priest’s.

Friday’s attack was another in a long list of disproportionate responses in Egypt to a rumor of an affair between a Muslim and a Copt. Earlier this month, Sool villagers accused a Muslim woman in her 30s and a Coptic man in his 40s, both of them married, of being involved with each other. On Wednesday (March 2) a village council of Coptic and Muslim leaders convened and agreed that the man should leave the village in order to avoid sectarian violence.

The next day, the woman’s cousin killed the woman’s father in a fight about the honor of the family. The same day, the cousin died of wounds he sustained in the fight. By Friday, Al-Dahab, the local imam, had blamed the entire incident on Christians in the village and called on all Muslims in Sool to kill them.

Because of the attack, Copts in Sool fled to adjacent villages. The women who remained in the village are now being sexually assaulted, according to Youaqeem, who added that he is receiving phone calls from women in the village begging for help. Those reports have not yet been independently confirmed.

“Everybody tried to find a way to get out,” Youaqeem said.

Groups of Muslims have set up blockades around Sool, declaring they intend to turn it into an “Islamic village,” Youaqeem said.

On Sunday (March 6), roughly 2,000 people gathered outside the Radio and Television Building in Cairo to protest the attack and what Copts see as a long-standing government refusal to address or even acknowledge the persecution of Christians in Egypt. Protestors also accused the government of not sending enough troops to the village to control the situation. Holding up crosses and signs, the protestors shouted the name of Jesus and chanted, “We need our church.”

Soldiers armed with AK-47s with fixed-sheathed bayonets held the crowd back from the building as several priests took turns addressing the crowd. When the Giza parish priest, Bishop Anba Theodosius, said the army had pledged to rebuild the church but would not give a written guarantee of the promise, the crowd became enraged and pushed through the line of soldiers.

No one was injured in the push. More protests about the attack continued Tuesday in Cairo.

Youaqeem said the attack has devastated and enraged the Coptic community, but he sees hope.

“As they say – ‘All things work to the good of those who love the Lord,’” he said.

Report from Compass Direct News

Supreme Court in India Rejects Bail of Orissa Legislator

BJP assemblyman convicted in two murders in 2008 violence says he’s innocent.

NEW DELHI, January 28 (CDN) — India’s Supreme Court on Tuesday (Jan. 25) rejected the bail granted to Hindu nationalist Orissa state legislator Manoj Pradhan following his conviction in the murder of a Christian, Parikhita Nayak.

Pradhan, of the Bharatiya Janata Party (BJP), was convicted on June 29, 2010 of “causing grievous hurt” and “rioting” and sentenced to seven years of prison in the murder of Nayak, of Budedi village, who died on Aug. 27, 2008. In its decision, the Supreme Court ordered the High Court to reconsider its decision to grant him bail.

Pradhan had been granted bail by the High Court on July 6 on grounds having won the April 2009 state assembly election. Contesting the election from jail, he had become a Member of the Legislative Assembly (MLA) representing Kandhamal’s G. Udayagiri constituency. On Sept. 9, 2010 he was convicted in the murder of Bikram Nayak of Budedipada, for which he was sentenced to six years of rigorous imprisonment (see http://www.compassdirect.org, “Court in India Convicts Legislator in Second Murder Case,”
Sept. 10, 2010). He received bail within 40 days of that conviction.

Parikhita Nayak’s widow, Kanaka Rekha Nayak, had challenged the granting of bail before the Supreme Court. She pointed out in her petition that there were seven other murder cases against Pradhan, including the second conviction.

“Being an MLA was not grounds for granting of bail,” she told Compass.

Nayak’s petition also argued that, because of his position, Pradhan intimidated witnesses outside of jail. She told Compass that, after receiving bail in spite of their convictions, Pradhan and an accomplice continued to roam the area, often intimidating her.

In the Supreme Court decision, Justice B. Sudarshan Reddy and Justice S.S. Nijjaron wrote that the High Court should have taken into consideration the findings of the trial court and the alleged involvement of the respondent in more than one case.

“The [bail] order clearly reflects that the High Court was mainly impressed by the fact that the respondent is a sitting MLA,” they wrote. “In the circumstances, we find it difficult to sustain the order.”

Pradhan was accused of stopping Parikhita Nayak and then calling together a large group of persons armed with axes and other weapons, who then hacked Nayak to death; afterward they sought to dispose of the body by burning it.

Pradhan denied all charges against him, telling Compass by telephone that they were “baseless.”

“I have full faith in the judiciary system, and justice will be done,” Pradhan said, adding that he and other “innocent people” have been arrested due to political pressure and that the real culprits are at large.

On his next move, he said he would surrender himself to police custody if necessary and then file another application for bail.

Dr. John Dayal, secretary general of the All India Christian Council, told Compass that he was pleased.

“Pradhan deserves to be behind bars in more than one case, and it was a travesty of justice that he was roaming around terrorizing people,” Dayal said. “He was not involved in every single act of violence, but he was the ring leader. He planned the violence; he led some of the gangs.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that police records showed that Pradhan was a “field commander of Hindu extremists sent to kill Christians.”

The state government’s standing counsel, Suresh Tripathy, supported this week’s cancellation of bail.

 

Cases against Legislator

Pradhan told Compass that a total of 289 complaints were registered against him in various police stations during the August-September 2008 attacks on Christians in Kandhamal district, Orissa, out of which charge sheets were filed in only 13 cases.

Of the 13, he has been acquitted in seven and convicted in two murder cases, with six more cases pending against him – “Three in Lower Court, two in the High Court and One in the Supreme Court,” Pradhan told Compass.

Of the 13 cases, seven involved 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.

 

Status of Trials

Expressing complete dissatisfaction in the trial system, Dayal told Compass that the two Fast Track courts are “meting out injustice at speed.”

“One of the main reasons,” he said, “is lack of police investigation, the inadequacy of the department of projections to find competent public prosecutors, and the inadequacy of the victim community to find a place in the justice process.”

As a result, he said, victims are not appropriately represented and killers are not appropriately prosecuted.

“Therefore, the two courts find enough reason to let people off,” Dayal said.

Complaints filed at a police station in Kandhamal after the violence of 2008 totaled 3,232, and the number of cases registered was 831.

The government of Orissa 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.

The number of violent cases in the Fast Track courts is 231 (non-violent cases numbered 46, with total cases thus reaching 277). Of the violent cases, 128 have resulted in acquittals and 59 in convictions; 44 are pending.

Of the 722 people facing trial, 183 have been convicted, while 639 have been acquitted.

Report from Compass Direct News