Doctors do not face a greater legal risk if they give AstraZeneca to younger Australians — here’s why

Simon Santi/AAP

Cameron Stewart, University of SydneyLast week, the federal government changed its recommendation for COVID-19 vaccines. The Pfizer vaccine is now the “preferred” jab for adults under 50.

Amid the political fallout and worries about what it means for Australia’s COVID recovery, doctors have expressed concern about their liability. Some said they would even stop giving the AstraZeneca jab until they were more certain of their position.

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Read more:
New AstraZeneca advice is a safer path, but it’s damaged vaccine confidence. The government must urgently restore it

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Are they at greater legal risk if they give AstraZeneca to younger Australians? The government insists they are not. This is correct — here’s why.

Proving fault

In Australia, medical liability is, for the most part, fault-based. This means patients who are injured by medicines, medical devices and medical interventions must prove the doctors who used them were to blame for any injury they suffered before any compensation will be paid.

Australian liability laws are state-based, but generally speaking, fault can only be proven when the doctor has acted outside of the professional standard of care in a way that is not supported widely in Australia by professional peers.

What is the standard of care?

The standard of care for diagnosis and treatment is effectively set by the medical profession. In cases — such as COVID vaccines — where the treatment is new and knowledge about the treatment is emerging, the standard of care is also developing.

Importantly, doctors are judged by measuring their behaviour against the standard of care at the time the treatment was given. This means that if, in 2020 a doctor administers a COVID vaccine in a way that was supported by their peers at that time, they will not be found to have breached the standard of care if, years later, other side effects become known.

Last week the Morrison government changed its advice around the AstraZeneca vaccine.
David Caird/AAP

We should also be careful not to automatically equate the government’s advice concerning the AstraZeneca vaccine with what the standard of care should be at the individual level.

The government’s advice is concerned with the big picture and with risks across a population. Doctors have the task of treating individuals. So, the government’s advice should be considered by doctors when working out which vaccines to offer to patients, but there may well be situations where the AstraZeneca is the best option for individual adult patients under 50.

Giving advice and accepting risks

Doctors also have a duty to inform individual patients about material risks of the treatments they provide. Every intervention comes with a set of risks but only the material ones need to be disclosed.

Material risks include those the profession would usually notify patients of (objective material risks), as well as risks the individual patient may have a particular concern about (subjective material risks).

The classic example of this is the 1993 case of Rogers v Whitaker where a woman who was blind in one eye was considering cosmetic surgery on that eye. She was concerned about any risk (no matter how remote) of going blind in her “good eye”. Later, she became blind from a complication of her treatment, which was known but very rare. The doctor’s failure to inform her was considered a breach of the duty to inform — even though it was not a risk normally disclosed — because the risk was subjectively material to her.

Again, the doctor will always be judged by what the profession knew at the time regarding these risks. If a patient is told about the material risks of the treatment and decides to go ahead with the treatment, the doctor has satisfied their legal duty to advise and cannot be held liable for subsequent injuries.

What now for GPs and AstraZeneca?

As long as doctors consider the government advice, keep up with professional news about best practice and communicate material risks to patients, they face no greater liability for providing COVID vaccines than they do for any other treatment.

The reality is the risks of people being injured by vaccines, and of doctors being sued for vaccine-related injury, is incredibly low.

At the weekend, the Australian Medical Association also said if a patient makes an informed decision to receive the AstraZeneca vaccine, GPs are protected under professional indemnity insurance.

Of course, the reality of low risk may not match the fear practitioners experience. So, are there things we can do to reduce the anxiety practitioners feel regarding liability?

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Read more:
Bad reactions to the COVID vaccine will be rare, but Australians deserve a proper compensation scheme

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One obvious measure is to move to no-fault systems of compensation. Many countries including the United States and New Zealand have no-fault compensation schemes for vaccine-related injury. Putting such a scheme in place may very well help doctors get over the fear of being sued. It might also give patients confidence knowing that in an extremely rare case of injury, they will be covered.

This could be done either with a one-off scheme or by expanding the National Injury Insurance Scheme, which covers personal injuries from motor vehicle accidents.

Without such schemes, Australian patients will only have access to compensation for vaccine-related injury if they can prove it was caused by a failure to act according to medical standards of care or a failure to properly inform the patient of material risks.

Cameron Stewart, Professor at Sydney Law School, University of Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Detained Pakistani Christian Released – But Two Others Held

Christian falsely accused of ‘blasphemy’ taken into custody, released – and detained again.

LAHORE, Pakistan, April 18 (CDN) — A Christian illegally detained in Faisalabad on false blasphemy charges was freed last night, while two other Christians in Gujranwala arrested on similar charges on Friday (April 15) were also released – until pressure from irate mullahs led police to detain them anew, sources said.

Masih and his family have relocated to a safe area, but just 10 days after he was falsely accused of desecrating the Quran in Faisalabad district of Punjab Province on April 5, in Gujranwala Mushtaq Gill and his son Farrukh Mushtaq were taken into “protective custody” on charges that the younger man had desecrated Islam’s holy book and blasphemed the religion’s prophet, Muhammad. A police official told Compass the charges were false.

Gill, an administrative employee of the Christian Technical Training Centre (CTTC) in Gujranwala in his late 60s, was resting when a Muslim mob gathered outside his home in Aziz Colony, Jinnah Road, Gujranwala, and began shouting slogans against the family. They accused his son, a business graduate working in the National Bank of Pakistan as a welfare officer and father of a little girl, of desecrating the Quran and blaspheming Muhammad.

The purported evidence against Farrukh were some burnt pages of the Quran and a handwritten note, allegedly in Farrukh’s handwriting, claiming that he had desecrated Islam’s holy book and used derogatory language against Muhammad. A Muslim youth allegedly found the pages and note outside the Gills’ residence.

Inspector Muhammad Nadeem Maalik, station house officer of the Jinnah Road police station, admitted that the charges against the accused were baseless.

“The initial investigation of the incident shows Mr. Gill and his son Farrukh are innocent,” he told Compass.

The two were kept at a safe-house, instead of the police station, out of fear that Islamist extremists might attack them; their subsequent release led to Islamic protests that compelled police to detain them anew today, sources said.

Despite police admitting that the two Christians were not guilty, a First Information Report (No. 171/2011) was registered against them under Sections 295-B and C in Jinnah Road Police Station early on Saturday (April 16).

“Yes, we have registered an FIR of the incident, yet we have sealed it until the completion of the investigation,” Inspector Maalik said, adding that the police had yet to formally arrest Gill and his son. “We registered the FIR for their own safety, otherwise the mob would have become extremely violent and things could have gone out of control.”

The police official said that after the Muslim youth made the accusation, he gathered area Muslims together.

“It seems to be a well thought-out scheme, because the perpetrators chose the time of the Friday prayers for carrying out their plan,” Maalik said. “They were sure that this news would spread quickly, and within no time people would come out of the mosques and react to the situation.”

He added that police were now inquiring of the Gills why they might suspect anyone of wanting to harm them.

“We are also looking for any signs of jealousy or old enmity,” Maalik said.

Soon after the Muslim youth found the alleged pages, announcements blared from the area’s mosques informing Muslims about the incident and asking them to gather at the “crime scene,” sources said.

There are about 300 Christian families residing in Aziz Colony, and news of the alleged desecration spread like jungle fire. Announcements from mosques sparked fear in the already shaken Christian families, and they started packing their things to leave the area, fearing the kind of carnage that ravaged Gojra on Aug. 1, 2009, killing at least seven Christians.

“It’s true…the news of the accusations against Gill and his son and the announcements being made from the mosque calling on Muslims to avenge the desecration sent shivers down our spines,” said Pastor Philip Dutt, who has known the Gill family for several years and lives in the same neighborhood. “The charges are completely baseless. I’m sure no person in his right frame of mind would even think of committing such a vile act. Someone has clearly conspired against the Gill family.”

He added that most of the area’s Christians had left their homes overnight, fearing an attack by Muslims.

Dutt said that a large police contingent arrived in time and took Gill and his son into custody after assuring the enraged mob that a case under the blasphemy laws would be registered against the two men. Police remained stationed in the area to provide protection to area Christians, but the atmosphere was tense.

According to some reports, a group of angry Muslims wanted to torch Gill’s house, but timely police intervention thwarted their plan.

At the same time, a group of Muslim extremists stormed into the house of Anwar Masih, a Christian factory owner in Aziz Colony, and started beating him and his son, sources said. The family managed to save themselves by calling the police and now they too are in “protective custody.”

The Rev. Arif Siraj, moderator of the Presbyterian Church of Pakistan, which also oversees the functioning of the Christian Technical Training Centre in Gujranwala, said the accusations against Farrukh were yet another example of how the country’s blasphemy laws are misused against innocent people.

“We have been engaged with the police and local Muslim leaders throughout the day to resolve this issue amicably,” Siraj said. “An eight-member committee comprising six Muslims and two Christian pastors has been formed to probe the incident, and they will make a report on Friday.”

The names of the Christians of the eight-member committee are Pastor Sharif Alam of Presbyterian Church Ghakarmandi and the Rev. Joseph Julius.

A large number of Muslims, including members of religious parties and banned outfits, came out to the roads of Gujranwala on Saturday (April 16) to protest the alleged desecration of the Quran and pressure police to take action against Gill and his son. The protestors reportedly gelled into one large demonstration on Church Road and headed towards the CTTC. Siraj said that some participants threw stones at a church on the road, but that Muslim elders immediately halted the stone-throwing.

“The district administration and Muslim leaders have now assured us that no one will target Christian churches and institutions,” he said, adding that both communities were now waiting for the committee’s report.

Sohail Johnson of Sharing Life Ministry expressed concern over the accusations.

“This case is a classic example of how Christians and Muslims continue to be charged with blasphemy on false accusations,” he said. “Isn’t it ridiculous that the accuser is claiming that Farrukh has confessed to burning the Quran in his note and thrown the burnt pages in front of his house – what sane person would even think of saying anything against prophet Muhammad in a country where passions run so deep?”

Arif Masih, the falsely accused Christian released last night, has reportedly been relocated along with this family to a safe location.

The original blasphemy law, introduced in British India in 1860, imposed a prison term of up to two years for any damage to a place of worship or sacred object carried out “with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion…”

The current provision in the Pakistan Penal Code, as amended in 1986, introduces both the death penalty for insulting Muhammad and drops the concept of intent. According to Section 295-C of the Penal Code, “Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life and shall also
be liable to fine.”

The laws have drawn condemnation across the world, and two senior government officials – Punjab Gov. Salman Taseer, a liberal Muslim, and Federal Minister for Minorities Shahbaz Bhatti, a Christian, have been assassinated this year for demanding a review of the legislation.

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

Recent Incidents of Persecution

Punjab, India, December 1 (CDN) — Hindu extremists on Nov. 14 beat a Christian in Moti Nagar, Ludhiana, threatening to harm him and his family if they attended Sunday worship. A source told Compass that a Hindu identified only as Munna had argued with a Christian identified only as Bindeshwar, insulting him for being a Christian, and beat him on Nov. 7. Munna then returned with a mob of about 50 Hindu extremists on Nov. 14. Armed with clubs and swords, they dragged Bindeshwar out of his house and severely beat him, claiming that Christians had offered money to Munna to convert. Local Christian leaders reported the matter to the police at Focal Point police station. Officers arrested three Hindu extremists, but under pressure from local Bharatiya Janata Party leaders released them without registering a First Information Report. Police brokered an agreement between the parties on Nov. 18 and vowed they would not allow further attacks on Christians.

Tripura – Hindu extremists attacked a prayer conference on Nov. 6 in Burburi, threatening Christians if they opened their mouths. A local evangelist known only as Hmunsiamliana told Compass that area Christian leaders organized a prayer conference on Nov. 5-7, but extremists ordered the participants not to open their mouth or make any sound. Christian leaders reported the threat to police, and the participants proceeded to pray aloud. On the nights of Nov. 6 and 7, a huge mob of Hindu extremists pelted the Christians with stones, but the participants continued praying. The meeting ended on the evening of Nov. 7 under police protection.

Chhattisgarh – Hindu extremists from the Vishwa Hindu Parishad (VHP or World Hindu Council) disrupted a Christian youth gathering in Raipur on Nov. 6 and accused organizers of forcible conversion. The Evangelical Fellowship of India reported that Vision India had organized the Central India Youth Festival with about 900 in attendance when the extremists stormed in at about 4:30 p.m. and began questioning leaders. The Christian and VHP leaders then held a meeting in the presence of police, with the Christian leaders explaining that it was a normal youth meeting with no forceful conversion taking place. Nevertheless, officers and VHP leaders proceeded to observe the gathering and proceedings, and the Christians were made to submit a list of participants. In this tense atmosphere, the meeting concluded at 10 p.m. under heavy police protection.

Madhya Pradesh – On Oct. 31 in Neemuch, Hindu extremists from the Bajrang Dal barged into a worship meeting shouting Hindu slogans and accused those present of forceful conversion. The Evangelical Fellowship of India (EFI) reported that about 40 extremists rushed into the church building at about 10 a.m. shouting “Jai Shri Ram [Hail Lord Ram].” The Rev. K. Abraham, who was leading the service, pleaded with them to come back later, but the invaders remained and continued shouting. After the service ended, the extremists rushed Abraham and accused the church of paying money to people to convert, as published in newspaper Pupils Samachar. The Christians said the newspaper published the false news because Abraham, principal of United Alpha English School, refused to advertise in it, according to EFI. The extremists grabbed a woman in the congregation who had a bindi (dot) on her forehead, claimed that she had been lured to Christianity and asked her why she was attending the service, according to EFI. “Where were you people when I was demon-possessed?” the woman replied, according to EFI. “You didn’t come to help me, but when I came to the church in God’s presence, these people prayed for me and helped me to get deliverance.”

Karnataka – Police on Oct. 29 detained Christians after Hindu extremists registered a false complaint of forced conversion in Kalammnagar village, Uttara Kannada. The Global Council of Indian Christians (GCIC) reported that at around 8:15 p.m. police accompanied extremists belonging to the Bajrang Dal, who along with members of the media stormed the Blessing Youth Mission Church during a worship service for senior citizens. They dragged out Ayesha Nareth, Hanumanta Unikal,Viru Basha Doddamani, Narayana Unikkal and Pastor Subash Deshrath Nalude, forced them into a police jeep and took them to the Yellapur police station. After interrogation for nearly six hours, the Christians were released without being charged.

Orissa – Hindu extremists refused to allow the burial of a 3-year-old Dalit Christian who died in Jinduguda, Malkangiri. The All India Christian Council (AICC) reported that the daughter of unidentified Christian tribal people fell ill and was taken to a nearby health center on Oct. 27. The doctor advised the parents to take the child to a nearby hospital, and the girl developed complications and died there. When the parents brought the body of the girl back to their village, according to AICC, Hindus refused to allow them to bury her with a Christian ritual. There are only 15 Christian families in the predominantly Hindu village. With the intervention of local Christian leaders, police allowed the burial of the body in a Christian cemetery.

Karnataka – On Oct. 6 in Beridigere, Davanagere, a Christian family that converted from Hinduism was assaulted because of their faith in Christ. The Global Council of Indian Christians (GCIC) reported that the attack appeared to have been orchestrated to appear as if the family provoked it. An elderly woman, Gauri Bai, went to the house of the Christian family and picked a quarrel with them. Bai started shouting and screaming for help, and suddenly about 20 Hindu extremists stormed in and began beating the Christians. They dragged Ramesh Naik out to the street, tied him to a pole, beat him and poured liquor into his mouth and onto his body. His sister, Laititha Naik, managed to escape and called her mother. Later that day, at about 8:30 p.m., the extremists pelted their house with stones, and then about 70 people broke in and began striking them with sickles, stones and clubs. Two brothers, Ramesh Naik and Santhosh Naik, managed to escape with their mother in the darkness, but the Hindu extremists took hold of their sister Lalitha and younger brother Suresh and beat them; they began bleeding and lost consciousness. The attackers continued to vandalize the house, damaging the roof and three doors with large boulders. The unconscious victims received treatment for head injuries and numerous cuts at a government hospital. Police from the Haluvagalu police station arrested 15 persons in connection with the assault.

Report from Compass Direct News

Christianity Fades in Great Britain Youth

According to research conducted in the United kingdom, Christianity is little more than a faded memory among young people in that country.

See more at:

http://www.christianpost.com/article/20101005/christianity-a-faded-memory-for-most-young-people/

 

Government crackdown on missionary presence could get worse

The Kazakh government continues to put pressure on foreign missionaries attempting to obtain visas to stay in the country. The Kazakh church is prepared for matters to get worse, reports MNN.

"Foreign involvement for the purpose of missionary work in Kazakhstan becomes increasingly difficult to happen," confirms Eric Mock, vice president of Ministry Operations for Slavic Gospel Association.

Norwegian news network Forum 18 conveys a number of instances in which the Kazakh government has denied visas to foreign missionaries of various minority faiths. A missionary visa, as it is, lasts only 180 days and cannot be renewed.

Mock says there is some fear that the visas will become even more restrictive. According to Forum 18, the Nur Otan Party has even created a document calling for further crackdown on "non-traditional faiths." Forum 18 quotes a report as saying, "The Nur Otan Party should devote special attention to the activity of non-traditional religious movements of destructive character. The destructive impact of such movements is very great."

With clear contempt toward the presence of evangelical Christian missionaries as well as missionaries for other minority faiths, the church as well as ministries like SGA need to prepare for any change. "[We need to] be sure that we do not assume that the world that we minister in today is the same that we minister in tomorrow," says Mock.

Whether or not missionary presence is increasingly restricted does not directly affect SGA, since their ministry mainly focuses on helping nationals. Still, won’t a crackdown harm the church? Mock says not as much as you might think.

"There is one thing that I saw [in Kazakhstan] that mostly encouraged my heart," explains Mock. "I saw a group of ethnic Kazakh young men who God has raised up with a passion to reach their own people. I had not really seen that in the past; it [had been] more of a Russian Baptist influence, but now I’m seeing Kazakh Baptist."

As long as changes don’t happen too abruptly, Mock says he believes the church will be able to handle any blows headed their way. The energy generated by young church leaders could be just what the Kazakh church needs to become self-sustaining. "With this new generation coming up, I think even with law changes, God has raised up this younger generation to make a profound impact for the sake of the Gospel."

If laws are passed too quickly or even just gradually, their effects will still of course be evident in the church. Mock says the best thing that we can do for them now is to pray. "There is nothing more important than praying for the believers in Kazakhstan to be passionate in reaching their own people, and to see more churches planted with that same commitment to advance the Gospel."

Report from the Christian Telegraph

Victim of Orissa, India Violence Rescued from Trafficking Ring

Christians displaced by Kandhamal violence in 2008 sold for coerced labor or sex.

NEW DELHI, August 25 (CDN) — Nearly two years after large-scale anti-Christian violence broke out in India’s Kandhamal district, Orissa state, a team working against human trafficking on Aug. 9 rescued a 16-year-old Christian girl – one of at least 60 people sold into slavery after being displaced by the 2008 attacks.

The recovery in Delhi of the girl represented the cracking of a network that has trafficked Christian girls and women from Orissa to the national capital, sources said.

“Human trafficking agents operating in the tribal belt of Orissa have targeted the Christian girls who are displaced by the Kandhamal communal violence – we have been receiving complaints of missing girls from Kandhamal after the violence broke out in 2008,” said attorney Lansinglu Rongmei, one of the rescue team members. “Roughly 60 girls are estimated missing and have been trafficked to different states.”

The girl, whose name is withheld, is a tribal Christian who was sold into slavery along with her 19-year-old sister and two other girls, all victims of the 2008 violence; they were trafficked from the Daringbadi block of Kandhamal district to the capital in December 2009, according to the Human Rights Law Network (HRLN). Her sister and the other two girls remain missing.

The mother of the girl accompanied the rescue team the evening of Aug. 9 in the Rohini area of Delhi, said a source from the HRLN Anti-Human Trafficking department on condition of anonymity.

“It was only the joint efforts of the All India Christian Council [AICC], HRLN Anti-Human Trafficking and the area police that made this rescue possible,” the source said.

The rescue team took action after the minor’s mother approached the HRLN of Kandhamal for help, which in turn called the Delhi office. Team members said they were disappointed by the reaction of police, who were initially cooperative but later “just unwilling to help,” in the words of one member.

The girl was used only for labor, although she was sexually harassed, sources said.

Rongmei told Compass that police refused to file a First Information Report, telling rescue team members, “No rape of the victim took place as per the medical examination, and there was no need for a case registration against anyone.”

The rescue team was not given a copy of the report of a medical examination at Bhagwan Mahavir Hospital, Pitampura, in Delhi, but they were told it indicated no sign of rape.

“It is confirmed that she was not raped,” said Madhu Chandra, spokesperson of the AICC and part of the rescue team. “She was physically abused, with teeth bite marks and bruises on her body – her neck, leg and right hand.”

 

Tricked

The girl stated that a well-known woman from their village in Kandhamal district gave her and her sister a false promise of safe and secure work in Delhi as gardeners.

Instead, operatives brought the sisters and the two other girls to a placement agency in Ratala village in Delhi, Sakhi Maid Bureau, which was run by a man identified only as Montu.

The HRLN source told Compass that the girl was with the placement agency for six days as the owner, Montu, attempted to rape her on several occasions. She was threatened, beaten, drugged with alcohol and sexually molested, the source said.

The girl said her sister and the other two girls were treated the same way.

She was placed in a home in Rohini, Sector 11, as domestic help beginning in January. Until July, she said, she was treated relatively well there, except for a few instances of being slapped by the lady of the house. Then the family’s 10-year-old son began to hit her and their 14-year-old son tried to assault her sexually, and she tried to flee earlier this month.

The girl told the rescue team that she informed the lady of the house about the elder son’s misbehavior, but that the woman stated that she could do nothing about it.

“She bears marks from being beaten on her right hand by the younger boy,” said Chandra.

He told Compass that the owner of the placement agency collected the girl’s wages from the family who employed her, promising to send the money to her mother in Kandhamal district, but that he failed to do so.  

Compass was unable to meet with the girl as she was still traumatized and undergoing counseling sessions. The girl’s mother sobbed for her other daughter, grieved that no one knew what condition she was in.

Montu, the placement agency operator, has absconded, according to police.

 

Passive Police

Prasant Vihar Police Station House Officer Sudhir Kumar confirmed the rescue team’s accusation that he refused to register a complaint in the girl’s case.

“The victim is from Kandhamal, let her go back to Kandhamal and register her complaint there,” Kumar told Compass. “No rape of the victim took place as per the medical examination, and thus there is no need for registering a case against anyone.”

Assistant Commissioner of Police Sukhvir Singh told Compass he had no explanation why the girl’s complaint was not registered, but he insisted on having her and the rescue team return.

“We will file their complaint if they come back to us now,” he said.

Karuna Dayal, coordinator of Anti-Human Trafficking Initiatives at HRLN, led the rescue team, which also included AICC Legal Secretary Advocate Rongmei, Chandra and Ashis Kumar Subodh of the AICC, and three others from the HRLN – Afsar Ahmed, attorney Diviya Jyoti Jaipuria and one identified only as Sangram.

Dr. John Dayal, secretary general of the AICC, said large-scale human trafficking in Christian tribal and Dalit women of Kandhamal district is one of the worst problems in the aftermath of the Kandhamal violence.

“Police have made arrests in the nearby Andhra Pradesh and other states,” he said. “Because of the displacement due to the violence, they lost their future, and it is very easy for strangers to come and lure them. Community and family life has been disrupted; the children do not have the normal security that growing children must have. Trauma, unemployment and desperate measures have resulted in the loss of childhood, forcing many to grow up before their age.”

The AICC is calling on the National Commission for Women, the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes to investigate, he added.

Report from Compass Direct News

Christians Accused of ‘Blasphemy’ Slain in Pakistan

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

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

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

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

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

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

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

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

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

Paul of Life for All said tensions remained high.

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

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

 

Lynch Mob Mentality

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

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

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

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

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

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

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

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

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

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

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

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

 

Other Victims

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News

Muslims Order Christians to Leave Village in Pakistan

Christians drew wrath by objecting to sexual assaults on girls and women.

KHANEWAL, Pakistan, June 7 (CDN) — The head of a Muslim village last week ordered 250 Christian families to leave their homes in Khanewal district, Punjab Province, local residents said.

Abdul Sattar Khan, head of village No. 123/10R, Katcha Khoh, and other area Muslim residents ordered the expulsions after Christian residents objected too strenuously to sexual assaults by Muslims on Christian girls and women, said a locally elected Christian official, Emmanuel Masih.

Most of the village’s Christian men work in the fields of Muslim land owners, while most of the Christian women and girls work as servants in the homes of Muslim families, said Rasheed Masih, a Christian in the village who added that the impoverished Christians were living in appalling conditions.

The Muslim employers have used their positions of power to routinely sexually assault the Christian women and girls, whose complaints grew so shrill that four Christian men – Emmanuel Masih, Rasheed Masih, his younger brother Shehzad Anjum and Yousaf Masih Khokhar – sternly confronted the Muslims, only to be told that all Christians were to leave the village at once.

“The Muslim villagers came to us with the expulsion order only after Christian women and girls raised a hue and cry when they became totally exasperated because they were sexually attacked or forced to commit adultery by Muslims on a daily basis,” said Khokhar, a Christian political leader.

Khokhar said the unanimous decision to compel the Christians to leave their homes and relocate them was possible because the Christians were completely subject to the Muslims’ power.

“The Muslims had been telling the Christian women and girls that if they denied them sex, they would kick them out of their native village,” Emmanuel Masih added.

Christians created the colony when they began settling in the area in about 1950, said Anjum. Since then the migration of Muslims to the area has left the Christians a minority among the 6,000 residents of the village, said Emmanuel Masih.

“There is no church building or any worship place for Christians, and neither is there any burial place for Christians,” Emmanuel Masih said.

He said that the Rev. Pervez Qaiser of village No. 231, the Rev. Frank Masih of village No. 133 and the Rev. Sharif Masih of village No. 36, Mian Channu, have been visiting the village on Sundays to lead services at the houses of the Christian villagers, who open their homes by turns.

Asked why they didn’t contact local Katcha Khoh police for help, Emmanuel Masih and Khokhar said that filing a complaint against Muslim village head Khan and other Muslims would only result in police registering false charges against them under Pakistan’s notorious “blasphemy” statutes.

“They might arrest us,” Khokhar said, “and the situation would be worse for the Christian villagers who are already living a deplorably pathetic life under the shadow of fear and death, as they [the Muslims] would not be in police lock-up or would be out on bail, due to their riches and influence, very soon.”

 

Couples Charged with ‘Blasphemy’

That very fate befell two Christian couples in Gulshan-e-Iqbal town, Karachi, who had approached police with complaints against Muslims for falsely accusing them of blasphemy.

On May 28, a judge directed Peer Ilahi Bakhsh (PIB) police to file charges of desecrating the Quran against Atiq Joseph and Qaiser William after a mob of armed Islamists went through their home’s garbage looking for pages of the Islamic scripture among clean-up debris (see “Pakistani Islamists Keep Two Newlywed Couples from Home,” May 27).

Additional District & Sessions Judge Karachi East (Sharqi) Judge Sadiq Hussein directed the PIB police station in Gulshan-e-Iqbal to file a case against Joseph and William, newlyweds who along with their wives had shared a rented home and are now in hiding. The judge acted on the application of Muslim Munir Ahmed.

Saleem Khurshid Khokhar, a Christian provincial legislator in Sindh, and Khalid Gill, head of the All Pakistan Minorities Alliance in Punjab, said that police were threatening and harassing relatives and close friends of Joseph and William to reveal their whereabouts.

Islamists armed with pistols and rifles had waited for the two Christian couples to return to their rented home on May 21, seeking to kill them after the couples complained to police that the radical Muslims had falsely accused them of desecrating the Quran.

The blasphemy laws include Section 295-A for injuring religious feelings, 295-B for defiling the Quran and 295-C for blaspheming Muhammad, the prophet of Islam – all of which have often been misused by fanatical Muslims to settle personal scores against Christians.

Maximum punishment for violation of Section 295-A, as well as for Section 295-B (defiling the Quran), is life imprisonment; for violating Section 295-C the maximum punishment is death, though life imprisonment is also possible.

In village 123/10R in Khanewal district, Anjum noted that it is only 22 kilometers (14 miles) from Shanti Nagar, where Muslims launched an attack on Christians in 1997 that burned hundreds of homes and 13 church buildings.

Yousaf Masih added, “Muslim villagers have made the life a hell for Christians at village 123/10R.”

Report from Compass Direct News

Muslim Boys in Pakistan Accused of Raping Christian Girl

DNA results match their semen samples in case filed by family of fatherless 14-year-old.

LAHORE, Pakistan, June 3 (CDN) — Forensic DNA results of semen samples in a sexual assault case show they match those of the Muslim boys a 14-year-old Christian girl accuses of raping her, according to advocacy organizations.

The girl accuses Muhammad Noman and Muhammad Imran, both 17, of abducting her from her school in Kamboh colony, Lahore, in Punjab Province, on May 6 and drugging her prior to sexually assaulting her, according to Khalid Gill, president of the Christian Lawyers Foundation (CLF), and officials of the National Commission of Justice and Peace (NCJP).

The minor, whose name was withheld, told the organizations that she was waiting for her younger sister at the main gate of S.M. Foundation School after class hours when Noman and Imran told her that a girl named Hira wanted to see her.

The girl said that she told them she was not familiar with anyone named Hira, but that she was not afraid because there was no problem meeting a girl. She told the NCJP that as she stepped off the school grounds, Noman and Imran overpowered her, tightly covering her mouth to stifle her cries for help. Later they gagged her with a band of cloth.

NCJP General Secretary Peter Jacob reported that they took her by motorbike to a place unknown to her and compelled her to consume a soft drink containing tranquilizers. Able to see but unable to move as she began to lose consciousness, she was unable to stop them as each boy raped her, she told the NCJP. She said she later became totally unconscious.

The CLF’s Gill said the boys later left her on a road near the school’s main entrance.

The girl’s father, Rehmat Masih, is deceased. Her mother, Aysha Bibi, said that she had fearfully begun searching for her and had contacted a school administration official, who said that her daughter had left the school on foot. Several Christian neighbors also participated in the search.

Christian neighbor Shehzad Masih found her unconscious on the road near the school gate and brought her home, according to the NCJP’s Jacob. As the 14-year-old regained consciousness, her mother and others brought her to the Millat Park Police Station and filed an application to register a case against Noman and Imran.

After investigating, on May 9 Millat Park Police registered a case against Noman and Imran for abducting “with intent to commit adultery.”

Although Muslims commonly commit crimes against Christians in Pakistan assuming law enforcement officials will not prosecute, the two boys were arrested on May 26. Police sent DNA samples of the semen of both Muslim youths to a forensic laboratory, and the results linking them to the crime returned this week, CLF and NCJP’s Jacob said.  

A urine test indicated the girl was not pregnant, CLF and NCJP officials said.

Report from Compass Direct News

Allegedly Raped Girl, Family in Pakistan Forced to Flee Town

Death threats, ultimatum from powerful Muslims compel father of 12-year-old to move.

GUJRANWALA, Pakistan, May 25 (CDN) — A Christian who accused a Muslim of raping his 12-year-old daughter has fled his town in Punjab Province with his family following death threats and police pressure to drop the case.

Citing “continuous threats” to take his life, Zafar Masih left Gujranwala’s predominantly Muslim town of Nai Abadi Tatlay Aali within 10 days of accusing Ali Ahmed, a 28-year-old businessman, of beating and raping his daughter on May 12.

His daughter, whose name was withheld, told Compass that her employer, Ahmed, beat and raped her when she went to his home, where she worked as a house servant. When she arrived she was surprised to find him at home in his room, she said.

“He grabbed my hair and asked me to sleep with him,” she said, amid tears. “I refused to let him have sexual relations with me, which enraged him.” 

Her body marred with bruises, she said he tore her clothes and she screamed, but no one else was in the home to hear her.

“Ali Ahmed overpowered me, and all my efforts were futile even though I strained with all my energy to stop him,” she said. “After getting stigmatized, I was threatened with dire consequences and the slaying of my whole family if I told about the rape.”

The oldest of four children, she fled the house and immediately sent her younger brother to call her father, who was working in a nearby field, she said.

Masih, her father, said he immediately went to Tatlay Aali police station and submitted an application to file a First Information Report against Ahmed. Station House Officer Inspector Iqbal Ojjhra refused, he said, and began to pressure him to withdraw the application.

A powerful local politician along with the area’s largest land owner, Imtiyaz Kharral, have since threatened to maim or kill him, Masih said.

“I declined to withdraw my application, though I was being immensely pressured by both the leading Muslim men,” Masih said. “And Inspector Ojjhra had a new alibi every day for not registering the case.”

Inspector Ojjhra denied all allegations against him. He told Compass that he declined to register a rape case because he did not want to harm the Christian girl’s dignity, so instead he had recommended trying to resolve the conflict in a public gathering or “punchayat.”

Arif Masih, a Nai Abadi Tatlay Aali representative for local Christians, told Compass that the next evening, May 13, Kharral called a meeting at his farmhouse with Inspector Ojjhra, local Muslims and a contingent of police officers. Also summoned were Zafar Masih and his children, Arif Masih and the other Christian families of the town.

“At Imtiyaz Kharral’s farmhouse gathering, none of the Christians were allowed to speak or express their opinion,” said Arif Masih, who said the wealthy land owner considered himself the head of the town. “Even I being representative of the Christians was not allowed to speak for [Zafar Masih’s daughter] or put forward the demands of the Christians.”

Only Kharral spoke, saying that there were only two options – Zafar Masih could withdraw his rape charge, or he and the other Christian families in Nai Abadi Tatlay Aali could relocate elsewhere.

“He ignored the fact that the girl would have to live her whole life with this irrecoverable loss and stigma,” Arif Masih said. “I was totally helpless in this showdown, because Imtiyaz Kharral and Ali Ahmed have the favor of the local police head, Iqbal Ojjhra.”

Khalid Gill, chairman of the Christian Lawyers Foundation (CLF), condemned the dismissive police attitude toward marginalized Christians. He suggested that the chief justice of the Lahore High Court take suo moto action against the suspect, his associates and police officers as responsible for mental anguish of the area Christians.

Tahir Naveed Chaudhary, a Christian member of Punjab’s legislative assembly, also denounced the alleged rape and pledged to extend legal and financial support to the family of Zafar Masih. 

Most of the area Christians are construction laborers, sanitation workers and domestic servants working for daily wages. Zafar Masih said he could not afford to educate his children because he was living close to poverty level.

“My eldest daughter worked as a maidservant for a monthly salary of 500 rupees [less than US$6] to lend a hand,” he said. “We Christians in Pakistan have no life even dogs live better life than us.”

Report from Compass Direct News