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Previous Action Alerts 12/09/05
December 09, 2005
AFGHANISTAN: Fatwa issued against editor Ali Mohaqiq Nasab alleging apostasy in his writings; fears for safety.
TURKEY: Publisher Fatih Tas trial to resume in February
CHINA: Writer and literary editor detained in the Xianjiang Uighur Autonomous Region (XUAR) for publishing an allegorical story.
Story Continued...
AFGHANISTAN: Fatwa issued against editor Ali Mohaqiq Nasab alleging
apostasy in his writings; fears for safety.
The Writers in Prison Committee of International PEN has learned that the
Dar-ul-lfta, the council of religious scholars within the Supreme Court,
has issued a fatwa against Ali Mohaqiq Nasab, chief editor of the monthly
magazine Haqoq-e-Zan (Women’s Rights), ruling that he contradicted verses
of the Koran in his articles. Under Islamic or Shariah law, the punishment
for apostasy includes the death penalty. Nasab was arrested on 1 October
2005 and sentenced to two years’ imprisonment for blasphemy for publishing
allegedly anti-Islamic articles in his magazine. International PEN
considers Nasab to be detained in violation of Article 19 of the United
Nations Universal Declaration of Human Rights, and is calling for his
immediate and unconditional release.
According to PEN’s information, editor Ali Mohaqiq Nasab was arrested under
the press law on 1 October 2005 for articles published in his magazine
Haqoq-e-Zan (Women’s Rights) deemed to be ‘un-Islamic’ and ‘insulting to
Islam’ by local clerics. Nasab, aged 47, is a liberal Shiite cleric who
returned to his native Afghanistan two years ago after living in exile in
Iran for many years. He reportedly challenged conservative Islamic beliefs
in his magazine, and the articles for which he is charged are believed to
have questioned the severity of punishments for adultery, theft and
converting from Islam to another religion under Shariah law, and state that
a woman’s testimony is equal to that of a man, not half as much.
His arrest is believed to have resulted from high level pressure from
leading religious figures, including an advisor to the President, in
violation of legislation which stipulates that journalists can only be
detained after a government-appointed media commission has considered their
case. The Media Commission met on 18 October 2005 to discuss Nasab’s case,
and concluded that he did not deliberately insult Islam in his articles and
therefore that there was nothing to support the charge of blasphemy.
However, he was convicted by a court in Kabul on 22 October and sentenced
to two years in prison. He did not have a lawyer to defend him. The Head of
the Media Commission issued a statement declaring Nasab’s arrest, trial and
imprisonment to be illegal and calling for his release. The Minister of
Culture has also protested his detention. However, it is feared that the
prosecution, under pressure from conservative religious figures, will now
press for a harsher sentence against Nasab. The case is under appeal.
Ali Mohaqiq Nasab is being held in Kabul Province jail. There have been
reports that his health has seriously deteriorated since his detention, and
there are fears for his safety as a result of the fatwa.
Please send appeals:
- protesting the sentencing of editor Ali Mohaqiq Nasab solely for
the legitimate practise of his profession, and calling for his immediate
and unconditional release in accordance with Afghan law and Article 19 of
the United Nations Universal Declaration of Human Rights;
- expressing serious concern for his health and well-being, and
seeking immediate assurances that he is granted access to any necessary
medical care and is treated humanely in detention.
Centres are encouraged to consider Ali Mohaqiq Nasab for honorary membership.
Appeals to:
His Excellency Hamid Karzai
President of the Islamic State of Afghanistan
Kabul
Islamic Republic of Afghanistan.
If possible please send appeals c/o the Ambassador for Afghanistan in your
country.
SAMPLE LETTER OF APPEAL
His Excellency Hamid Karzai
President of the Islamic State of Afghanistan
Kabul
Islamic Republic of Afghanistan
Your Excellency:
I am writing to you on behalf of PEN USA, part of a worldwide organization of writers with an 84-year history of defending freedom of the written word.
PEN USA was very concerned to learn that the Dar-ul-lfta, the council of religious scholars within the Supreme Court, has issued a fatwa against Ali Mohaqiq Nasab, chief editor of the monthly magazine Haqoq-e-Zan. According to the ruling, Nasab contradicted verses of the Koran in his articles and faces a two-year prison sentence for blasphemy.
Nasab is a Shiite cleric who was arrested under the press law in October 2005 for publishing articles in his magazine that reportedly challenged conservative Islamic beliefs regarding, among other things, the punishment for adultery, theft, and converting to another religion under Shariah law. An article also stated that a woman’s testimony in court is worth as much as – not half of – a man’s testimony.
PEN believes Nasab’s arrest violates Afghan law that requires the government-appointed Media Commission to review cases before a journalist can be detained. In this case, the Media Commission did review Nasab’s case and concluded that he did not deliberately insult Islam and therefore could not be charged with blasphemy. Nonetheless, Nasab was convicted by a court in Kabul – and without legal representation. The Media Commission has issued a statement declaring the arrest, trial and imprisonment to be illegal. The Minister of Culture has also protested the charges against Nasab. PEN believes that imprisonment of Nasab was the result of high-level pressure from leading religious figures.
Nasab is being held in Kabul Province jail. There are reports that his health has seriously deteriorated since his detention, as well as fears for his safety as a result of the fatwa against him.
I therefore protest the sentence of editor Ali Mohaqiq Nasab solely for the legitimate practice of his profession. This action not only violates Afghan law, but Article 19 of the United Nations Universal Declaration of Human Rights. I respectfully urge that authorities release Nasab unconditionally. Additionally, I seek assurances that Nasab is treated humanely while in custody and be granted access to proper medical care.
Sincerely,
--------------------------------------------------------------------------------
TURKEY: Publisher Fatih Tas trial to resume in February
A 2 December trial hearing against Fatih Tas, owner of the Aram Publishing
House, has been adjourned to 8 February 2006. Fatih Tas, is accused of
publishing the Turkish translation of a book by US academic, John Tirman.
International PEN sees this as one more setback for writers and publishers
in their efforts to promote freedom of expression in Turkey.
On 17 November 2005, the owner of the Aram Publishing House, Fatih Tas was
brought before the Istanbul Court of First Instance on charges under
Article 301 of the Penal Code for “insult to the state and to the army”.
The action stems from Aram’s publication earlier this year of a Turkish
edition of the book by the American academic, John Tirman, currently
Executive Director of MIT’s Center for International Studies, Spoils of
War: the Human Cost of America’s Arms Trade. First published in the US in
1997, the book refers to the transfer of weapons, military, political and
economic support by the US to Turkey, weapons that Tirman accused the
Turkish army of having used against Kurdish civilians as well as the rebel
group, the PKK. In a press release protesting the trial, Tirman describes
his book as “highly critical of the Turkish military, various government
ministers, nationalism, and Atatürk, the founder of the Turkish Republic.”
The indictment against Tas refers to the accusations of human rights
violations, as well as references to Kemal Ataturk’s nationalism as being
“fascism”, and suggestions that the policy in the Kurdish south east in the
early 1990s amounted to a “genocide”. Tas argues that the book is
legitimate criticism. Article 301 of the Penal Code provides sentences of 6
months to three years in prison.
International PEN views with growing alarm the rising numbers of writers,
journalists and publishers being brought before the Turkish Courts under
Penal Code Article 301, on charges that are a blatant contravention of the
international human rights standards to which Turkey is committed. That
such trials are taking place undermines the Turkish government’s efforts to
bring the country into conformity with these standards. It calls for there
to be a halt to all trials against writers, publishers and journalists, and
for further review of Turkish legislation that allows for such prosecutions.
For further information on Tas and others on trial in Turkey go to:
http://www.internationalpen.org.uk/index.php?pid=33&aid=406
Please send appeals:
- Expressing concern at the growing numbers of writers and publishers
being brought to trial under Article 301 of the new Penal Code;
- Pointing out that this is in direct contravention of the United
Nations Covenant on Civil and Political Rights, and the European Convention
on Human Rights, to which the Turkish government is a signatory;
- Calling for a halt to all trials under this law and that the Penal
Code once again be reviewed with the aim of removing from its remit all
clauses that allow for the conviction writers and publishers for the
legitimate practice of their profession.
Appeals to:
Prime Minister Racep Tayyip Erdogan
TC Easbaskanlik
Ankara
Turkey
Fax: +90 312 417 0476
Cemil Cicek
Minister of Justice
TC Adalet Bakanligi
Ankara
Turkey
Fax: + 90 312 417 3954
Similar appeals should be sent to the Turkish Embassy in your own country.
SAMPLE LETTER OF APPEAL
Prime Minister Racep Tayyip Erdogan
TC Easbaskanlik
Ankara
Turkey
Dear Prime Minister:
I am writing on behalf of PEN USA, part of an international organization of writers with an 84-year history of defending freedom of speech through the written word.
I was very concerned to learn that the trial against Fatih Tas, owner of the Aram Publishing House, has been adjourned until February 2006. Tas was charged under Section 301 of the Penal Code for “insult to the state and to the army”. These charges arose from Aram’s publication of the book, Spoils of War: the Human Cost of America’s Arms Trade, by American academic John Tirman, which is critical of the Turkish military and US support of Turkish military activities. Tas faces up to three years in prison.
This appears to be yet another indication that freedom of expression in Turkey is deteriorating, despite numerous ostensible improvements to the Penal Code. Currently there are an estimated sixty writers who face charges under the Article 301; among them is world-renowned author and Turkish PEN member Orhan Pamuk. PEN is following these trials very closely.
This blatant and harsh censorship of writers and publishers who engage in political criticism in Turkey directly violates of the guarantees of free expression in the United Nations Covenant on Civil and Political Rights, and the European Convention on Human Rights, to which the Turkish government is a signatory.
I therefore call for a halt to all trials under this law. Additionally, I respectfully urge the Turkish government to again review the Penal Code to remit all clauses that allow for the conviction writers and publishers for the legitimate practice of their profession, and to ensure that it truly accords with international human rights standards.
Sincerely,
--------------------------------------------------------------------------------
CHINA: Writer and literary editor detained in the Xianjiang Uighur
Autonomous Region (XUAR) for publishing an allegorical story.
The Writers in Prison Committee of International PEN protests the detention
of Uighur writer Nurehamet Yasin and editor Korash Huseyin for the
publication of Yasin’s short story Wild Pigeon (Yawa Kepter). Nurehamet
Yasin is serving a ten-year prison sentence for ‘inciting separatism’ in
the story, and Korash Huseyin is serving a three-year sentence for
publishing it in his literary magazine. International PEN considers both
men to be detained in violation of Article 19 of the International Covenant
on Civil and Political Rights, to which China is a signatory, and is
calling for their immediate and unconditional release.
According to PEN’s information, Nurmehamet Yasin was arrested in Kashgar on
29 November 2004, when authorities also confiscated Yasin’s personal
computer containing an estimated 1,600 poems, commentaries, stories, and
one unfinished novel. PEN first learned of this case in September 2005.
After a closed trial in February 2005 at which he was not permitted a
lawyer, Yasin was sentenced by the Maralbesh Country court to 10 years in
prison for “inciting Uighur separatism”, and the charge is believed to be
based on the publication in of his book Wild Pigeon (Yawa Kepter). His
sentence was upheld on appeal by the Kashgar Intermediate Court, and Yasin
was transferred on 19 May 2005 to Urumchi No. 1 Jail, where he remains
detained. He has been permitted no visitors since his arrest.
Yasin first published his short story Wild Pigeon (Yawa Kepter) in the
bi-monthly Uighur-language Kashgar Literature Journal, issue No. 5,
November 2004. According to Radio Free Asia’s Uighur service, Wild Pigeon
comprises the fictional first-person narrative of a young pigeon - the son
of a pigeon king - who is trapped and caged by humans when he ventures out
to search for a new home for his flock. In the end, he commits suicide by
swallowing a poisonous strawberry rather than sacrifice his freedom, as his
own father committed suicide under similar conditions years earlier. “The
poisons from the strawberry flow through me,” the unnamed pigeon remarks to
himself at the end. “Now, finally, I can die freely. I feel as if my soul
is on fire-soaring and free.”
Yasin’s story was widely circulated and recommended for one of the biggest
Uighur literary websites in the Uighur Autonomous Region for outstanding
literary award. It also attracted the attention of the Chinese authorities,
who apparently consider the fable to be a tacit criticism of their
government in the Xinjiang Uighur Autonomous Region.
Nurmuhemmet Yasin, aged 31, is an award-winning and prolific freelance
Uighur writer. He has published many highly acclaimed literary works and
prose-poems in recent years, including the poetry collections First Love,
Crying from the Heart, and Come on Children. He is said to be a mature
writer with an established literary credential among Uighur readers. He is
married with two young sons.
Wild Pigeon was translated from the Uighur into English and Chinese
by Dolkun Kamberi, director of Radio Free Asia’s (RFA) Uighur service.
It has been adapted for broadcast by RFA’s Uighur service, edited in
English by Sarah Jackson-Han, and produced for the English Web by Luisetta
Mudie. The English translation is available online in two parts as follows:
http://www.rfa.org/english/uyghur/2005/06/27/wild_pigeon/
http://www.rfa.org/english/uyghur/2005/06/27/wild_pigeon2/
Korash Huseyin, chief editor of the Kashgar Literature Journal, was
sentenced by a court in Kashgar to three years in prison for publishing
‘Wild Pigeon’. PEN is seeking further details about the date of his arrest
and trial and the charges against him. He is aged 35 and is married with
three children.
RECOMMENDED ACTIONS
Please send appeals to the Chinese authorities:
- Protesting the detention of writer Nurmuhemmet Yasin and literary
editor Korash Huseyin, and calling for their immediate and unconditional
release in accordance with Article 19 of the United Nations International
Covenant on Civil and Political Rights, to which China is a signatory;
- Seeking assurances that both men are being treated humanely in
detention, and given access to their families, lawyers, and any necessary care.
Government addresses:
His Excellency Hu Jintao
President of the People’s Republic of China
State Council
Beijing 100032
P.R.China.
Her Excellency Ms. Wu Aiying
Minister of Justice
10 Chaoyangmen Nandajie
Chaoyang-qu
Beijing-shi 100020
P.R.China.
Chairman of the Xinjiang Uighur Autonomous Regional People’s Government
Abdulahat Abdurixit Zhuxi
Xinjiang Weiwuer Zizhiqu Renmin Zhengfu
2 Zhongshanlu
Wulumuqishi 830041
Xinjiang Weiwuer Zizhiqu
People’s Republic of China.
Please note that fax numbers are no longer available for the Chinese
authorities, so you may wish to ask the diplomatic representative for China
in your country to forward your appeals.
Please copy appeals to the diplomatic representative for China in your
country if possible.
SAMPLE LETTER OF APPEAL
His Excellency Hu Jintao
President of the People’s Republic of China
State Council
Beijing 100032
P.R.China.
Your Excellency:
I am writing to you on behalf of PEN USA, part of a worldwide organization of writers with an 84-year history of defending freedom of expression through the written word.
PEN USA is deeply conscerned about the detention of Uighur writer Nurehamet Yasin and editor Korash Huseyin for the publication of Yasin’s short story Wild Pigeon (Yawa Kepter). Yasin was arrested in Kashgar on November 29, 2004 and now is serving a ten-year prison sentence for ‘inciting separatism’ in the story. Korash Huseyin is serving a three-year sentence for publishing Yasin’s writings in his literary magazine. He has been permitted no visitors since his arrest.
Nurmehamet Yasin was arrested in Kashgar on November 29, 2004, when authorities also confiscated Yasin’s personal computer containing an estimated 1,600 poems, commentaries, stories, and one unfinished novel. Yasin was not permitted a lawyer at his closed trial in February 2005, where the Maralbesh Country court sentenced Yasin to ten years in prison for “inciting Uighur separatism.” Korash Huseyin, chief editor of the Kashgar Literature Journal, was sentenced to three years in prison for publishing Wild Pigeon.
PEN USA is seeking assurances that both Nurmuhemmet Yasin and Korash Huseyin are being treated humanely in detention, and are given access to their families, lawyers, and any necessary care. We are calling for their immediate and unconditional release in accordance with Article 19 of the United Nations International Covenant on Civil and Political Rights, to which China is a signatory.
Sincerely,