INDONESIA: Conviction of Ahmadyah victim undermines constitutional protections

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INDONESIA: Conviction of Ahmadyah victim undermines constitutional protections

August 18, 2011

The Asian Human Rights Commission (AHRC) is disturbed by the punitive decision of the Indonesian Court on August 15, 2011 to jail an innocent Ahmadi Muslim who protected himself during a mob attack, which reveals the impartiality of the judiciary and the legal community.

Deden Sudjana was sentenced to six months imprisonment by the court, for simply protecting the house the mob were attacking. Meanwhile, the 12 men who were responsible for brutally killing three Ahmadi Muslims in an attack in February 2011, were only sentenced to between three and six months imprisonment.

Some 1,500 people attacked the home of an Ahmadiyah community leader in Cikeusik, west Java in February. Sudjana was hit with a machete and almost had his hand severed during the mob attack. Head of security for the Indonesian Ahmadiyah Congregation (JAI) at the time, Sudjana was detained since May for allegedly inciting the attack. In its judgment, the court ruled that he had disobeyed a police order to leave the scene, and had been filmed punching another man. He was thus convicted of articles 212 and 315.1 of the Criminal Code; resisting state officers and maltreatment, respectively.

The decision is senseless and embarrassing, a travesty of justice. The lenient sentences handed out to those convicted of killing three Ahmadis in July raised questions regarding judicial impartiality and upholding of constitutional protections (see AHRC-PRL-034-2011), which have now been spotlighted again. The two verdicts indicate that Indonesia’s criminal justice system is not able to deliver justice independent from religious considerations. Indonesia’s judicial commission must act on this miscarriage of justice and push for reforms that will truly ensure a fair and impartial justice process.

Indonesia today is increasingly seeing extremists push their agenda forward, mostly with the use of violence, resulting in the loss of life and damage to property. The Indonesian government has taken no effective steps to stop or prevent such activities, which will slowly erode the country’s secular values.

Similarly, the Indonesian courts and legal system have shown a complete disregard for the basic rule of law, and have not taken up their mandate of protecting the constitutional rights of Indonesian citizens.

The AHRC urges for a review of both verdicts, and calls upon the Indonesian government and courts to ensure that all religious and other minorities are adequately protected.

Document ID: AHRC-PRL-034-2011
Document Type: Press Release
URL: www.humanrights.asia/news/press-releases/AHRC-PRL-034-2011

INDONESIA: Courts verdict encourages further attacks against religious minorities

News / Press Releases / INDONESIA: Courts verdict encourages…

INDONESIA: Courts verdict encourages further attacks against religious minorities

July 29, 2011

(Hong Kong, July 29, 2011) Three to six months in prison was the shocking sentence given to the perpetrators of the mob killing of three Ahmadiyahs earlier this year. The remaining perpetrators will be released on the reading of the verdict on 23 August this year. Most of them will be released during the coming weeks. This lenient punishment and the conduct of the judges in the trial sends a clear signal to religious fundamentalists that they not need to worry about the law and constitutional protection of minorities.

“The verdict and trial conduct does not meet national or international standards” Wong Kai Shing, Executive Director of the Asian Human Rights Commission said. “The lenient punishment will encourage more extremist action against religious minorities” Wong added,” the courts failed to enforce Indonesian law for the protection of citizens.”

On 28 April 2011 the Serang District Court in West Java convicted twelve suspects for maltreatment, joint assault and incitement in the horrendous Cikeusik killing from February this year. A mob set against the discriminated religious minority of Ahmadiyah followers attacked the group in Umbulan village, Cikeusik resulting in five members being injured and three killed. At least one patrol car from Cikeusik sector police and 2 trucks from riot-control force (Dalmas) of Pandeglang dictrict police men were present and watched the violence, doing nothing to prevent it or apprehend the perpetrators. The shocking scenes were published in a video online sparking international outcry.

The Indonesian Ahmadiyah congregation (JAI) commented that the verdict does not fulfil the sense of fairness. According to A. Mubarik Ahmad, the public relation of JAI, this crime must be seen as crimes against humanity, not just a crime against the Ahmadiyah. The Indonesian criminal code never regulated the crimes against Ahmadiyah. Moreover, he stated that the state still cannot find the murderer of the victims, because the trial did not charged the suspect with murder charge, thus there is no examination and trial for the murderer.

In 1980 and 2005, Indonesian Ulama Assembly (Majelis Ulama Indonesia) issued a fatwa against the Ahmadiyah community in Indonesia denouncing Ahmadyah followers as an errant sect. In 2008 a joint ministerial decree banned the group for promulgating its religion and other basic religious rights. The decree is widely believed to be responsible for encouraging attacks against Ahmadis. Numerous attacks against Ahmadiyah communities and their members were documented by the Setara Institute and Wahid Institute over the last years.

The AHRC is concerned that the lenient punishment for a mob killing against the minority group will encourage more fundamentalist violence. Institutions have failed in this case to send a strong message against extremism. The AHRC believes that law and constitutional values were not the basis for the judgement in this case.

Document ID: AHRC-PRL-034-2011
URL: www.humanrights.asia/news/press-releases/AHRC-PRL-034-2011

INDONESIA: Ahmadiyah community faces ongoing discrimination

Opinions / Interviews / INDONESIA: Ahmadiyah community faces ongoing discrimination

INDONESIA: Ahmadiyah community faces ongoing discrimination

July 21, 2011

An interview with Zaenuda Ikhwanul Aziz from the Indonesian Ahmadiyah Community (JAI) published by the Asian Human Rights Commission regarding the situation faced by Ahmadis in Indonesia.

Zaenuda Ikhwanul Aziz, is the secretary of the legal committee of the Indonesian Ahmadiyah congregation (Jamaah Ahmadiyah Indonesia — JAI). He is actively involved in the struggle of the Ahmadiyah in the country.

How do you feel about what is happening to the Ahmadiyah community in Indonesia?

We feel that we are being discriminated against, especially the Ahmadiyah communities at the localities outside the capital of Jakarta. For example, the government does not give identification cards and marriage certificates to Ahmadiyahs.

At the economic sector many Ahmadiyahs have had to change the location of their businesses. Even in some provinces, the people from the community are intimidated not to buy products from Ahmadiyah shops and businesses and this has resulted in a serious reduction of our income.

In the social sector we also are excluded and intimidated. We are not allowed to be involved in social gatherings.

At the religious sector the Minister of Religion prohibits us from conducting the Hajj, (the pilgrimage to Mekka) and even when we pray, members of the local communities attack our mosques. Sometimes, our villages are also attacked.

Also, in the health sector, many people reject Ahmadiyahs as patients. We therefore feel discriminated against in most, if not all, sectors.

When did you start to feel the discrimination?

The discrimination started when the Indonesian Ulama Assembly (Majelis Ulama Indonesia - MUI) declared Ahmadiyah as an errant sect in 1980. This fatwa brought to light the differences between Ahmadiyahs and the community. The people followed the fatwa believing that Ahmadiyah is errant without seeking any further explanation or consideration.

The main actors involved are the Indonesian government, central and local law enforcement authorities and several Ulama members who influence the people to attack Ahmadiyah communities. This is especially so with those persons who live within Ahmadiyah communities.

In your opinion, what is the reason for the increase of the aggression against Ahmadiyahs in the last few years?

There are several reasons, not the least of which is that the government is indecisive about law enforcement. If the joint ministerial decree against JAI still prevailed then the government could not allow the local regulations in the provinces to declare Ahmadiyah as an errant sect. Unfortunately, the government did nothing to prevent this from happening.

The aggressors see Ahmadiyah as a threat because the numbers of Ahmadiyah communities is increasing and they are scared that they will lose their followers.

Also, the content of the joint ministerial decree has been misinterpreted. There are local regulations which use the joint resolution decree to declare Ahmadiyah as errant whereas there is no such statement in the decree itself. The JAI think this happened because the government is trying to distance itself from the joint of resolution decree.

Is the state doing anything to protect the Ahmadiyahs?

We feel the state protection is still minimal. There is still turmoil because there is no law enforcement. It is seldom that perpetrators of violence against Ahmadiyahs are arrested and they are never prosecuted in the courts.

What do you feel about the work of the police?

In general, the work of the police is still far from professional. However, we must acknowledge that in some areas, there are some good police officers working in relation to Ahmadiyahs.

What about the work of the courts?

Judges are deficient at searching for the truth. Their efforts are deficient when examining at a trial, investigating the witness and proof, such as happened at Cisalada trial. Even the verdict against the Ahmadiyah victim was heavier than that of the perpetrators.

What is the Ahmadiyah community doing in their own defence?

Our representatives visit government officials, legal enforcement authorities, and the community in general. Relating to the legal dealings, we entrust this to our legal counsel.

The result of our visits are promising in that there are several communities and authorities who opened up and accepted us such as in Bandung, Central Java, and Wonosobo. But there have also been rejections such as in Cianjur, Bogor.

What is your ultimate goal in this struggle?

All we ask for is the right to live like other citizens and that these rights are fulfilled by the government

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The views shared in this article do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.

URL: www.humanrights.asia/opinions/interviews/AHRC-ETC-033-2011

Sectarian Clashes Surge in a City in Pakistan’s Heartland

Asia Pacific

Sectarian Clashes Surge in a City in Pakistan’s Heartland

Pakistanis gathered recently in Faisalabad outside a Presbyterian church damaged in riots after two Christian brothers were killed.

By SALMAN MASOOD

Published: August 7, 2010

FAISALABAD, Pakistan — This industrial city, famous for its textile exports, has lately become renowned as the center of a new wave of sectarian violence that has gripped Pakistan as militancy and extremism have taken firm root here in central Punjab Province.

Last month, violent clashes broke out between Muslims and Christians after two Christian brothers — Rashid and Sajid Emanuel — were shot dead outside the district courthouse after showing up to face charges of blasphemy.

The New York Times

Faisalabad, in Punjab Province, has become the center of a new wave of sectarian strife.

Immediately, there were fears of rioters’ setting fire to the Christian neighborhood where the brothers had lived, Warispura, a poor suburb with about 100,000 people — as they had done in a similar episode last year in a district nearby.

Blasphemy is a capital crime in Pakistan, and rights activists say the allegations are usually spurious and used to settle personal vendettas or to score political points.

In this case, for instance, the troubles started on July 1 when a handwritten letter defaming the Prophet Muhammad was distributed in a marketplace; it contained the address and telephone numbers of both brothers.

“A thief does not leave behind an ID card,” said Aslam Pervez, 60, a Christian teacher and a neighbor of the brothers. “A grave injustice has been done. The charges were not even proven, and they were killed. Is it justice? Where is the law?”

Analysts say the communal and sectarian clashes often have a local spark — an economic grievance, for instance — that is easily ignited in an atmosphere in which militant groups have been allowed to thrive for years by politicians who use them as a base of support, or have little to gain by standing up to them.

Looking to expand their influence, the groups, too, read the political winds as astutely as they do the local political terrain.

Such groups have thrived for decades in Pakistan, though sectarian violence has ebbed and flowed. Some groups, like Sipah-e-Sahaba, a Sunni militant organization, have largely domestic agendas, while others, like Lashkar-e-Taiba, focus on jihad in India and Afghanistan.

But it can be hard to draw a firm line, and sometimes the domestic groups channel militants to the others.

Under the nearly 10 years of military government that ended in 2008, sectarian violence was relatively subdued, in part because the military did not need to manipulate domestic schisms to maintain control. But civilian politics and sectarian tensions work hand in hand in Pakistan, and recently the violence has flared again. The last bad spasm was also under civilian rule in the 1990s.

Christians are not the only targets of the violence. In February, one person was killed during armed clashes between two Muslim sects. One of the sects then burned down the homes of several leaders of the other sect. Then in April, four members of the minority Ahmadi sect, declared non-Muslim by the country’s Constitution, were gunned down in Faisalabad by masked gunmen thought to be from Sipah-e-Sahaba.

Amir Rana, a terrorism expert, said the level of radicalization had grown and spread across Punjab Province, the country’s heartland. Residents say banned Islamic militant groups have managed to increase their presence and clout in Faisalabad, a city of nearly three million, and its surroundings.

Both Sipah-e-Sahaba and Lashkar-e-Taiba, the group that India and the United States have blamed for the 2008 attacks in Mumbai, India, maintain offices in neighboring districts, which also serve as recruiting grounds.

As riots broke out on July 19, groups of agitated men, many of whom were said to be armed, tried to make their way to Warispura, the Christian neighborhood, from a neighboring village, Malkhan Wala, which is a known stronghold of Lashkar-e-Taiba, residents of the Christian neighborhood said.

Mr. Rana speculated that local economic competition might have been a motivator. Christians in Faisalabad are settled on land close to roads and railway tracks. “This is precious land,” he said. “Industrialists and builders have their eyes on such properties.”

Mr. Rana said Sipah-e-Sahaba had a strong base among the working class of the city; most Christians are in the working class, too.

Khalid Rashid, vicar general of the Cathedral of SS. Peter and Paul in Faisalabad, said the acts of violence against minorities, especially Christians, were on the rise, as the militant groups wanted “their presence to be felt.”

Religious minorities are feeling vulnerable and insecure. Christians make up only 5 percent of the population.

Neighbors and family members said the two Christian brothers who were killed had enmity with nobody. Rashid, 31, was a pastor who ran a local prayer group. Sajid, 28, was pursuing an M.B.A. degree.

They were taken into custody after a case was registered against them at the urging of local traders. On July 19, after a court appearance, an unidentified gunman entered the court premises and opened fire in the hallway. Both brothers were shot in the back and died at a hospital. A police officer was wounded. The attacker escaped easily.

The government has ordered a judicial inquiry into the killings. The Punjab police suspended two police officers for security lapses. But the family of the brothers is in hiding. The father, a retired government employee, and his three other sons and a daughter fear being singled out and are afraid to pursue the case.

Joseph Coutts, the bishop of the Cathedral of SS. Peter and Paul, attributed such attacks to the growing intolerance and militancy in Pakistani society.

“These groups have become so strong that they have become a law unto themselves,” he said. He added: “There is a lot of anger amongst Muslims, and there is a revival of militant Islam. Local Christians are seen as linked to the West, the United States, and therefore the fallout.”

Indeed, a city resident, Khurram Shahzad, who lodged the initial complaint with the police against the brothers, claims not to know them personally. Muslims in the Warispura neighborhood said that Christians had been provided financing from abroad to spread Christianity and convert Muslims.

“They had been given money to spread their religion,” said Muhammad Nadeem, 25, an electrician. A crowd of onlookers nodded in agreement.

Waqar Gilani contributed reporting.

A version of this article appeared in print on August 8, 2010, on page A10 of the New York edition.

URL: www.nytimes.com/2010/08/08/world/asia/08faisalabad.html?_r=1