Category Archives: Injustice

Indonesian Buddhist woman’s blasphemy conviction upheld

Indonesia photoSibarani said there was insufficient evidence against Meiliana to warrant a custodial sentence [Antara Foto/Irsan Mulyadi via Reuters]

Medan, Indonesia – Indonesia’s Supreme Court has upheld an 18-month jail sentence for a 44-year-old Buddhist woman convicted last year on blasphemy charges.

Meiliana’s conviction last August stemmed from a complaint filed after she was accused of making remarks against mosque loudspeakers in the city of Tanjung Balai in North Sumatra nearly three years ago.

Her lawyer Ranto Sibarani said that his client was a “victim of a hoax,” denying she made those remarks.

“There is no evidence that she committed blasphemy. This hoax spread in the course of a week and ruined a woman’s life in the process,” Sibarani told Al Jazeera.

“Today’s decision is very dangerous because in the future it means that people can spread false information which will lead to wrongful convictions under the blasphemy law.”

The case is based on an incident on July 22, 2016 when Meiliana, an ethnic Chinese-Buddhist resident of Medan, purportedly made a complaint to her neighbour, Kasini, who like many Indonesians only goes by one name.

Kasini claimed that Meiliana asked for the azan, the Islamic call to prayer, to be turned down at the local al-Mashum mosque. Her version has been disputed and the ensuing blasphemy conviction widely criticised byhuman rights groups, including Amnesty International Indonesia.

In the days and weeks that followed the initial incident, comments were widely shared on social media stating that Meiliana, a mother of four, had tried to stop the mosque from broadcasting the call to prayer.

A mob in Tanjung Balai set fire to Meiliana’s front lawn while two of her four children were inside her home. They escaped with the help of a Muslim pedicab driver who happened to be passing at the time.

Members of the mob were then called as witnesses at the trial which took place in Medan District Court between June and August last year.

Sibarani said there was insufficient evidence against Meiliana to warrant a custodial sentence.

“The hoax was legitimised by the court. The judge allowed a statement letter to be submitted as evidence by three witnesses outside Meiliana’s house,” he said.

“They claimed she told them the prayer call hurt her ears while a gang confronted her and pelted her home with rocks and bottles. Yet there is no evidence that this conversation ever happened and the statement letter was written six months after the incident.”

Indonesia has the world’s largest Muslim population but it also is home to sizeable numbers of Buddhist and Christian minorities.

The alleged remarks also kicked off some of the worst race riots since the fall of Suharto in 1998. At least 11 Buddhist temples were torched in Tanjung Balai, where Buddhists number around 11,000 out of 185,000 residents.

There has been widespread criticism of Indonesia’s blasphemy law, which in recent years has been wielded against minority groups including the former governor of Jakarta, Basuki “Ahok” Tjahaja Purnama.

Ahok was sentenced to two years in prison for insulting Islam following comments he made about a verse from the Quran in 2016.

According to Sibarani, Meiliana’s legal team are now considering their final legal options.

“We believe that video evidence of the discussion outside Meiliana’s home exists and we plan to use it to file a judicial review,” he said. “If this case is not followed up then it means that anyone can now file a statement letter to a judge accusing someone of blasphemy without having to prove it.”

“This case shows that there is no legal certainty in Indonesia any more.”

 

 

 

 

https://www.aljazeera.com/news/2019/04/indonesian-buddhist-woman-blasphemy-conviction-upheld-190408100321754.html

Myanmar: Wives of Reuters journalists devastated by verdict

reuters photoPan Ei Mon (L) and Chit Su Win wives of jailed Reuters reporters Wa Lone and Kyaw Soe Oo after their appeal was rejected [Ann Wang/Reuters]

by Joshua Carroll

Yangon, Myanmar – The families of two Reuters journalists jailed in Myanmar after uncovering a massacre in Rakhine state were once again left devastated on Friday when a court rejected the pair’s appeal to overturn their seven-year prison sentences.

After the judge rattled through his ruling in a crowded courtroom in downtown Yangon, the wives of Wa Lone and Kyaw Soe Oo wept as senior foreign diplomats offered their commiserations.

While little has gone in the reporters’ favour since their arrests in December 2017, Kyaw Soe Oo’s wife, Chit Su Win, was still clinging to hope before today’s decision.

“We were even hoping to go to the jail to welcome them if they were released today, but it’s not happening,” she told a scrum of reporters outside the gates of Yangon’s regional High Court.

Neither of the men attended Friday’s ruling. They have both been unable to see their children for the past month. Wa Lone’s detention forced him to miss the birth of his baby daughter in August last year, while Kyaw Soe Oo has only been able to see his three-year-old daughter at court hearings and prison visits.

A message to journalists

The two journalists were sentenced in September under the country’s Official Secrets Act after being accused of holding classified documents.

Their nine-month trial was roundly condemned as a sham aimed at stifling independent reporting on the military’s large-scale killings of Rohingya.

“Journalists have got the message that they should avoid these kinds of issues,” Myint Kyaw, secretary of the Myanmar Journalists Network, told Al Jazeera.

The military is adamant its actions in late 2017 were legitimate counterinsurgency operations, but the UN has called for senior officials to be prosecuted for genocide.

Defence lawyer Than Zaw Aung said he would talk to the reporters about whether or not to take an appeal to Myanmar’s Supreme Court. “We are very disappointed about today’s judgement,” he said.

In their September appeal, the defence pointed to testimony by a police captain who said his colleagues entrapped the reporters in a sting by handing them documents and then promptly arresting them.

But Judge Aung Naing hewed closely to the original ruling today before observers in a high-ceilinged courtroom dotted with cobwebs, and described the pair’s prison terms as a “suitable punishment”.

Besides a Supreme Court ruling, the reporter’s best hope of being released soon is a pardon from President Win Myint, who would take orders from the country’s de facto leader Aung San Suu Kyi.

Based on previous cases of journalists being jailed in the country, said Myint Kyaw, there is a chance the pair will receive a pardon, “but it will take time”.

‘A day in prison is an injustice’

Maja Kocijancic, the EU’s spokesperson for foreign affairs, said: “We are confident that the President of Myanmar will promptly address this injustice and ensure, together with the government, that the press can fulfil its function as an essential pillar of democracy.”

Many are losing hope that former icon of democracy Aung San Suu Kyi will intervene on the pair’s behalf.

Bill Richardson, a senior US diplomat and former confidante of Aung San Suu Kyi, alleged last year that she referred to the two journalists as “traitors” during a heated exchange.

Richardson resigned from his position on an international advisory body on Rakhine soon after the confrontation.

Wa Lone and Kyaw Soe Oo’s reporting from Rakhine’s Inn Din village last year revealed how soldiers and villagers hacked and shot 10 Rohingya men and boys to death before burying them in a mass grave.

They were among almost 7,000 Rohingya who died within the first month of the military’s crackdown, which began in late August 2017, according to estimates from Doctors Without Borders.

The reporters were held incommunicado for two weeks following their arrests. Wa Lone later testified that he was hooded and deprived of sleep during days of interrogation.

“One day in prison was already an injustice,” said Tirana Hassan, Amnesty International’s Director of Crisis Response. “This appalling farce must end now.”

https://www.aljazeera.com/news/2019/01/myanmar-wives-reuters-journalists-voice-despair-verdict-190111102521706.html