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

‘Pinpricks’ of Truth Making Way into North Korea

Citizens increasingly enlightened about world’s worst violator of religious freedom.

DUBLIN, April 26 (CDN) — As refugees from North Korea and activists from Non-Governmental Organizations (NGOs) gather in Seoul, South Korea this week to highlight human rights violations in the hermit kingdom, there are signs that North Korean citizens are accessing more truth than was previously thought.

A recent survey by the Peterson Institute found that a startling 60 percent of North Koreans now have access to information outside of government propaganda.

“North Koreans are increasingly finding out that their misery is a direct result of the Kim Jong-Il regime, not South Korea and America as we were brainwashed from birth to believe,” Kim Seung Min of Free North Korea Radio said in a press statement. The radio station is a partner in the North Korea Freedom Coalition (NKFC), which is holding its annual North Korea Freedom Week (NKFW) in Seoul rather than Washington, D.C. for the first time in the seven-year history of the event.

“We set out to double the radio listenership of 8 or 9 percent, and we’ve seen a dramatic increase in the number of people who have access to information,” said NKFC Co-Chair Suzanne Scholte. She described the flow of information as “pinpricks in a dark veil over North Korea. Now those pinpricks are becoming huge holes.”

The radio station now air-drops radios into North Korea and broadcasts into the country for five hours a day, adding to information gleaned by refugees and merchants who cross the border regularly to buy Chinese goods.

In recent years the government has been forced to allow a limited market economy, but trade has brought with it illegal technology such as VCR machines, televisions, radios and cell phones that can detect signals from across the border. Previously all televisions and radios available in North Korea could only receive official frequencies. 

“The government hasn’t been able to stamp out the markets, so they begrudgingly allow them to continue,” Scholte confirmed. “This means North Koreans aren’t relying solely on the regime anymore.”

Holding the annual event in Seoul this year sends a significant message, Scholte told Compass.

“This is a spiritual conflict as well as a physical one – some people didn’t want us to call it freedom week,” she said. “But we’re making a statement … God gives us freedom by the very nature of being human and North Koreans are entitled to that too.”

All people say they would never allow the World War II holocaust to be repeated, Scholte said, “but this is a holocaust, a genocide. I firmly believe we will be judged if we fail to intervene.”

The coalition hopes this week’s event will empower the 17,000 strong North Korean defectors in South Korea, awaken the consciousness of the world about human rights conditions in North Korea, and inform all who are suffering in North Korea that others will “work together until the day their freedom, human rights and dignity are realized,” Scholte said in the press statement.

As part of the week’s activities, the coalition will send leaflets into North Korea via balloon stating in part, “In the same year the Universal Declaration of Human Rights was passed, Kim Il-Sung was ensuring that you wouldn’t have any of those rights.”

Religious freedom in particular is almost non-existent. The only accepted belief is Juche – an ideology that strictly enforces worship of the country’s leaders.

“The regime is a perversion of Christianity,” Scholte told Compass. Juche has a holy trinity just as Christianity does, with Father Kim Il-Sung, son Kim Jong-Il, and the spirit of Juche said to give strength to the people.

“Kim Il-Sung is God; a real God can’t replace him,” a former North Korean security agent confirmed in David Hawke’s 2005 report, “A Prison Without Bars.”

While four churches exist in the capital, Pyongyang, experts believe these are largely showpieces for foreign visitors.

The government has allowed token visits from high-profile foreign Christians such as Franklin Graham, president of the Billy Graham Evangelistic Association, who preached at Bongsu Protestant church in Pyongyang in August 2008; and two U.S. Christian bands, Casting Crowns and Annie Moses, attended and won awards at the Spring Friendship Arts Festival in April 2009.

Worship outside limited official venues is simply not tolerated, giving North Korea first place on Christian support organization Open Doors’ 2010 World Watch List for persecution of Christians.

Ordinary citizens caught with a Bible or in a clandestine prayer meeting are immediately labeled members of the hostile class and either executed or placed in prison labor camps, along with three generations of their immediate family. Every North Korean belongs to either the “hostile,” “wavering” or “core” class, affecting privileges from food and housing to education and physical freedom, according to Hawke’s report.

There are no churches outside the capital, but the regime in 2001 estimated there were 12,000 Protestants and 800 Catholics in North Korea. In July 2002 the government also reported the existence of 500 vaguely-defined “family worship centers” catering to a population of approximately 22.7 million, according to a September 2009 International Religious Freedom report issued by the U.S. State Department.

By contrast, South Korea’s Dong-A Ilbo newspaper in July 2009 put the estimate at 30,000 Christians, some NGOs and academics estimate there may be up to several hundred thousand underground Christians.

Uncertain Future

As North Korea celebrated the birthday of Kim Jong-Il on Feb. 16, rumors spread that the elderly leader, currently battling heart problems, had chosen third son Kim Jong-Eun as his successor.

Documents extolling the virtues of Kim Jong-Eun began circulating as early as November, according to the Daily NK online news agency. An official “education” campaign for elite officials began in January and was extended to lesser officials in March. One document obtained by the agency described the “Youth Captain” as being “the embodiment of Kim Il-Sung’s appearance and ideology.”

“Kim picked this son because he’s ruthless and evil,” Scholte said, “but I don’t think they’re quite ready to hand over to him yet. There is an uncertainty, a vulnerability.”

Scholte believes this is the ideal time to “reach out, get information in there and push every possible way.”

“There are many double-thinkers among the elite,” she explained. “They know the regime is wrong, but they have the Mercedes, the education for their kids and so on, so they have no incentive to leave.”

The coalition is trying to persuade South Korea to establish a criminal tribunal, she said.

“North Koreans are actually citizens of South Korea by law,” she said. “We have to let these guys know there’s going to be a reckoning, to create a good reason for them not to cooperate [with authorities].”

Those in other countries have an obligation too, Scholte concluded. “When people walk out of the camps, it will haunt us. They’ll want to know, ‘What were you doing?’ We will be held accountable.”

Article 26 of North Korea’s constitution declares that the people have freedom of religion. The organizers of this year’s freedom week fervently hope that this declaration will soon become a reality.

SIDEBAR

The Cross at the Border: China’s Complicity in Refugees’ Suffering

Non-Governmental Organizations (NGOs) estimate anywhere from 30,000 to 250,000 refugees from North Korea are living in China, either in border areas or deeper inland. Few are Christians when they emerge from North Korea, but the whispered advice among refugees is to “head for a cross,” signaling a Chinese church that may assist them, according to a February 2009 National Geographic report.

Since China will not allow the United Nations High Commissioner for Refugees access to border areas, Chinese Christians work with Christian NGOs to provide an “underground railroad” moving refugees via several routes to safety, most often in South Korea.

Chun Ki-Won, director of Christian NGO Durihana, admits that some of the refugees adopt Christianity to win favor with their rescuers, but others retain and strengthen their faith on arrival in South Korea.

China insists that the refugees are economic migrants and pays police a bounty to arrest and return them to North Korea. On arrival, North Korean officials pointedly question the refugees about contact with Chinese Christians or Christian NGOs. If any contact is admitted, execution or imprisonment is likely, according to David Hawke’s 2005 report, “A Prison Without Bars.”

As one refugee told Hawke, “Having faith in God is an act of espionage.”

Still others choose to return to North Korea with Bibles and other Christian resources at great risk to themselves. For example, officials in June 2009 publicly executed Ri Hyon-Ok, caught distributing Bibles in Ryongchon, a city near the Chinese border, South Korean activists reported.

China remains impervious to the refugees’ plight.

“China fears being flooded by refugees if they show compassion,” said Suzanne Scholte, co-chair of the North Korea Freedom Coalition. “But refugee flows aren’t going to collapse the [North Korean] regime. If that was going to happen, it would have happened already during the famine, so their argument doesn’t hold water.”

She added that North Koreans don’t want to leave. “They leave because of Kim Jong-Il,” she said. “Those [North Korean refugees] in South Korea want to go back and take freedom with them.”

Two U.S. Christians entered North Korea in recent months with the same goal in mind. Robert Park, an evangelical Christian missionary, crossed the border on Dec. 25 with a letter calling for Kim Jong-Il to resign.

Officials immediately arrested Park, according to the regime’s Korean Central News Agency. He was later sentenced to eight years of hard labor but released in late February after making what many experts believe was a forced confession.

Fellow activist Aijalon Mahli Gomes entered North Korea on Jan. 25, the same news agency reported. Officials sentenced Gomes to nine years of hard labor and fined him 70 million new Won (US$518,520). At press time Gomes remained in detention.

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