In Spain, 3 Women Face Trial On Charge of Insulting Religious Sentiments of Catholics

The Telegraph reports that in Spain, three women will be tried on charges of  insulting the religious sentiments of Catholics.  The charges grow out of the women's participation in a May Day parade in 2014 in which they carried a giant plastic vagina through the streets of Seville on a platform imitating the way in which women carry the image of the Virgin Mary in Good Friday parades.  Allegedly they also mocked Catholic prayers. The three women, part of a group calling itself "Sisterhood of the Blessed Rebellious Vagina to the Exploitation of Precariousness," were protesting discrimination against women in the workplace. An appeals court last week rejected the women's free speech defenses. While the women face the potential of fines and an 18 month prison sentence, any prison time is likely to be suspended.

Pakistan Paper Surveys Mob Violence Following Blasphemy Accusations

Pakistan's Express Tribune today surveys Pakistan's growing problem of mob violence following accusations of blasphemy.  There have been two such incidents in the past 11 days.  According to the paper:

Between 1947 – the year of Pakistan’s creation – and 1985, only 14 cases of blasphemy were registered by law enforcement agencies. In 1986, the military regime of General Ziaul Haq made blasphemy a capital offence and broadened its classification. Since that year, over 4,000 such cases have been registered....

On March 7, 2017, an Islamabad High Court judge ... went on a diatribe against online ‘blasphemy’, declaring it a form of terrorism and demanding that the government initiate a crackdown immediately. Following this, the Pakistan Interior Minister ... condemned online ‘blasphemers’ and ordered that action be taken against them. Since then, four people have been arrested on charges of blasphemy and Facebook has managed to shut down 85% of the pages deemed blasphemous.

These developments have also encouraged certain televangelists and social media activists who have embarked on a campaign to identify individuals they deem to be offending religious sensitivities.

The lynch mobs of today have not occurred in isolation. They are no natural expressions or consequences of the Islamic faith but a direct consequence of politicians and other national institutions weaponising religion and utilising it as a political tool – a tool that recruits militants for proxy warfare in Afghanistan and Indian-occupied Kashmir and brings in conservative votes during elections.

In SCOTUS Oral Argument On Trademark Law, Blasphemy Becomes Relevant

The U.S. Supreme Court today heard oral arguments in Lee v. Tam (transcript of full oral argument).  At issue is whether the disparagement provision in the Lanham Act is an unconstitutional restriction on speech. The statute provides that the Patent and Trademark Office may refuse to register a trademark that disparages individuals, institutions, beliefs or national symbols, or brings them into contempt or disrepute.  In the case the PTO refused to register "The Slants" as the name of a rock band on the ground that the name is disparaging to Asians. SCOTUSblog's case page has links to a wealth of primary and secondary material on the case.

In his rebuttal in today's oral argument, Deputy Solicitor General Malcolm Stewart made an interesting reference to trademarks that may constitute illegal insults to religion under the law of a foreign country:

The preparation of the principal register is not just an ancillary consequence of this program. It's the whole point to provide a list of trademarks so other people know what has been approved, what's off limits.

And the consequence of Mr. Connell's position is that the government would have to place on a principal register, communicate to foreign countries the biased racial epithets, insulting caricatures of venerated religious figures. The test for whether the government has to do that can't be coextensive with the test for whether private people can engage in that form of expression.....

... [T]he government, at the very least, has a significant interest in not incorporating into its own communications words and symbols that the public and foreign countries will find offensive.

(See prior related posting.)

Pakistan Sentences 5 To Death In Killing of Christian Couple Over Supposed Qur'an Burning

Last Wednesday a judge on Pakistan's Anti-Terrorism Court imposed the death sentence on five Muslims for torturing and killing a Christian couple who, it was alleged, had burned pages from the Qur'an in the brick kiln where they worked. Eight others were sentenced to two years in prison. Morning Star News, reporting on the sentences, recounts:

Hundreds of villagers in Kot Radha Kishan, incited by Muslim leaders calling for violence via mosque loudspeakers, were involved in the Nov. 4, 2014 assault in which 26-year-old Shahzad Masih and his five-months pregnant wife, Shama, 24, were thrown into a burning brick kiln....

Masih and his wife worked as bonded laborers at the brick kiln when the throng descended on them after area Muslims accused them of committing blasphemy by burning Quranic pages....

On Nov. 2, 2014 Shama Masih was cleaning her quarters ... when she found amulets of her late father-in-law, who had used them in the practice of black magic. The amulets may have contained koranic verses, and a Muslim co-worker, Muhammad Irfan, noticed half-burnt papers and accused the family of desecrating the Koran, relatives said.

Spanish Judge Clears Artist Who Used Stolen Consecrated Hosts

In Madrid, Spain, a trial court judge this week dismissed a suit which charges artist Abel Azcona with offending religious sentiments in violation of Spanish Penal Code Sec. 525.  The section prohibits publicly disparaging the dogmas, beliefs, rites or ceremonies of members of a religious confession. As reported by CNA:

Azcona stole more than 240 consecrated hosts from Masses celebrated in the cities of Madrid and Pamplona. He later took nude photos of himself arranging them on a floor to spell the word ‘pederasty.’ In November 2015, he displayed the photos as part of an art display in a city-owned exhibition hall available for public use. When that exposition was over, the would-be artist sold the consecrated hosts for more than $268,000....

The judge claimed Azcona made use of the hosts "discreetly, without his conduct being able to be characterized as disrespectful, offensive or irreverent." The exhibition of the artwork "does not constitute derision of the beliefs, rites or ceremonies of the Catholic Church nor is it an affront to those who profess or practice said beliefs," according to the judge.

 The Spanish Association of Christian Lawyers which filed the suit (see prior posting) says it will file an appeal.

Indonesian Governor Being Prosecuted For Blasphemy For Campaign Statement

In Indonesia, Basuki Tjahaja Purnama (also known as "Ahok"), former Deputy Governor of Jakarta who has been serving as its governor since late 2014 has now been charged with blasphemy because of statements made in his campaign for re-election as governor in the upcoming February elections. As reported yesterday by AlJazeera, Ahok who is a member of the Chinese Christian minority in Indonesia angered Muslims when he accused his election opponents of misusing against him a Quranic verse that suggests Muslims should not choose non-Muslims as leaders. After more than 100,000 Muslims took to the streets to demand Ahok's prosecution, the police began an investigation and eventually concluded that the case should go to court for a determination of whether of not Ahok committed blasphemy.  If found guilty, he could be sentenced to 5 years in prison.  Ahok has apologized, saying he was criticizing his election opponents, not the Quran.

House Hearing Examines Blasphemy Laws and Censorship Around the World

On Thursday, Congressional Hearings titled Blasphemy Laws and Censorship by States and Non-State Actors: Examining Global Threats to Freedom of Expression  were held by the Tom Lantos Human Rights Commission.  Transcripts of most of the testimony as well as a video of the full hearing are available on the House Committee's website.

Indonesian Police Investigate Whether Facebook Post Was Blasphemy

In Indonesia yesterday, Ade Armando, a lecturer in Communications Science at the University of Indonesia, was questioned by the Jakarta Police Special Criminal Investigation Unit after an employee of a media company filed blasphemy charges against Armando.  According to Tempo, the charges stem from a post by Armando on his Facebook page reading: "Allah is not an Arab. Allah will be happy if His verses are being recited with Minang, Ambon, Chinese, Hip hop, Blues style." Apparently the post was in response to a suggestion by Indonesia's Religious Affairs Minister for a Qur'an recitation festival.  Armando says that the post generated a charge that he was likening God to man. Art. 156a of the Indonesia Penal Code prescribes up to 5 years in prison to anyone "who deliberately in public gives expression to feelings ... which principally have the character of being at enimity with, abusing or staining a religion, adhered to in Indonesia...."

Paper Reviews Recent Use of Egypt's Blasphemy Law

Ahram Online today carries an interesting article on the use of Egypt's blasphemy law in recent months. Prosecutors have just begun to investigate a complaint against the satirical performance art troupe Atfal El-Shawaree (Street Children) over a video that they posted online mimicking the hosts on the state-owned religious radio station Al-Quran Al-Karim (The Holy Quran). At least one member of Parliament is proposing repeal of Article 98(f) of the criminal code that prohibits promoting "contempt of any divine religion or its adherents."

Blasphemy Prosecutions In Egypt On The Rise

AP yesterday reported that since 2011, the number of blasphemy prosecutions in Egypt have risen dramatically. According to the report:

Two years ago, the military ousted the Muslim Brotherhood from power, and since then the government has been waging a harsh crackdown on Islamists.

Yet in the past three years, prosecutions on charges of insulting Islam have risen dramatically. From three such cases in 2011, there were 21 cases in the courts in 2015, around half targeting Christians.... Nine of the 2015 cases led to convictions and prison sentences, while the rest are still in the courts.

Part of the rise is connected to the spread of social media.... Many of the cases have originated in comments or videos posted on the Internet.... But also, prosecutors and judges have aggressively pursued the cases, aiming to show that the state is still "protecting Islam" even as it cracks down on Islamists.

Egypt's Justice Minister Fired Over Comment Seen As Blasphemous

Egypt's Justice Minister Ahmed El-Zend was dismissed from office yesterday by Egypt's Prime Minister Sherif Ismail after comments that were interpreted as blasphemous went viral. Ahram Online gives background:

Last week, in response to a TV host's question on whether he would jail journalists, El-Zend said, "Even if he was a prophet, peace and blessings be upon him."

The 70-year-old then briefly uttered Islamic words of repentance before adding that "the culprit, whatever his description is... I am not talking about jailing a journalist or jailing a teacher, I am saying jailing a defendant."

El-Zend subsequently asked for forgiveness, saying his comment was a slip of the tongue, but Al-Azhar (the center of Islamic learning in Egypt) issued a statement warning against even unintentional blasphemous comments.

On Retrial Saudi Court Sentences Poet To Death For Apostasy

The Star Daily Standard yesterday reported on a Nov. 17 judgment by a Saudi Arabian court that sentenced Palestinian artist Ashraf Fayadh to death for apostasy, apparently concluding he was spreading atheism.  In his original trial, he was sentenced to 800 lashes and four years in prison on charges that his 2008 Arabic poetry book “Instructions Within” was insulting to God and religion. Also on the basis of photos in his phone, he was charged with illicit relations with women. Prosecutors appealed, seeking a harsher sentence, and the appeals court remanded for a new trial.  At that trial he was sentenced to death. According to the Daily Standard report:

While judges in the initial trial also accepted Fayadh’s repentance for anything deemed offensive or insulting to religion in his book of poetry, judges in the retrial questioned whether repentance can nullify a proscribed punishment in a case involving “hadd”, which in Islam are specific crimes such as apostasy for which punishment is considered fixed. They also wrote that Fayadh’s repentance could only be accepted by the divine, and therefor they could not consider it when weighing the verdict.

It is likely the case will be appealed again.

Spain's Catholic Lawyers Sue Over Art Exhibit

In Spain, the Spanish Association of Christian Lawyers has filed a lawsuit seeking to close down a controversial art exhibit which opened in Pamplona City Hall last Friday  According to yesterday's The Local, the display-- a retrospective of the works of controversial 27-year old Spanish artist Abel Azcona-- includes a work titled "Amen" which consists of 242 holy wafers spelling out "paedophilia".  Azcona's critics claim that he stole the hosts used in the display by pretending to take Holy Communion, but then pocketing the wafers.  The lawsuit alleges that Azcona committed the crimes of desecration and crimes against religious sentiment under Spain’s Penal Code. On Tuesday evening the communion wafers disappeared as critics staged a protest, and city hall says that part of the display will not be replaced.

Pakistan's Supreme Court Warns Against False Blasphemy Allegations

Earlier this week, Pakistan's Supreme Court published the opinion of its 3-judge panel which earlier this month upheld the death sentence that had been imposed on Mumtaz Qadri, a former elite force guard who in 2011 killed Salmaan Taseer, governor of Punjab Province.  Qadri acted because of Taseer's support for a pardon for Aasia Bibi, a Christian woman who had been sentenced to death for blasphemy. (See prior posting.)  The court used the opinion in Qadri v. State, (Sup. Ct. Pakistan, Oct. 7, 2015), to warn about the dangers of false blasphemy charges-- a significant problem in Pakistan.  The Court said in part.

In the following paragraphs of this judgment it shall be highlighted as to how the accused person in this case had acted on the basis of nothing but hearsay without getting his information ascertained, verified or investigated and, as Almighty Allah has warned, he has brought harm not only to another person but also to himself. Verily, such are the consequences when Almighty Allah’s warnings or commands are not heeded to....

Commission of blasphemy is abhorrent and immoral besides being a manifestation of intolerance but at the same time a false allegation regarding commission of such an offence is equally detestable besides being culpable. If our religion of Islam comes down heavily upon commission of blasphemy then Islam is also very tough against those who level false allegations of a crime. It is, therefore, for the State of the Islamic Republic of Pakistan to ensure that no innocent person is compelled or constrained to face an investigation or a trial on the basis of false or trumped up allegations regarding commission of such an offence.

The Guardian reports on the decision.

Bangladesh Arrests Facebook Critic of Hajj Deaths On Charges Of Insulting Islam

Last week, the free speech advocacy group Article 19 called attention to the September 26 arrest in Bangladesh of Mohon Kumar Mondal, the leader of a Bangladeshi environmental organization, on charges of offending religious sentiments of Muslims.  After the death of hundreds in a crush and resulting stampede during the Hajj (see prior posting), Mohon published a Facebook posting criticizing Saudi Arabia's security arrangements at Mina, Saudi negligence in dumping dead bodies from the stampede, and questioning the rationality of the Hajj ritual of stoning the devil at Mina. Police arrested Mohon after a local political leader filed charges against him under Section 57 of the Information Communication and Technology Act.  That section prohibits the deliberate publication or transmission online of material which hurts or is likely to hurt religious sentiments.  Article 19 called for Mohon's release.

Pakistan's Supreme Court Upholds Death Sentence For Assassin Angered Over Blasphemy

Yesterday a 3-judge panel of Pakistan's Supreme Court upheld the death sentence that had been imposed on Mumtaz Qadri, a former elite force guard who in 2011 killed Salmaan Taseer, governor of Punjab, Pakistan's largest province.  Qadri acted because of Taseer's support for a pardon for Aasia Bibi, a Christian woman who had been sentenced to death for blasphemy. (See prior posting.) According to the Wall Street Journal:

Lawyers for the defendant, Mumtaz Qadri, had argued he should be treated with leniency because he acted to defend the honor of the Prophet Muhammad. But the judges sided with prosecutors who said Mr. Qadri had committed a straightforward, premeditated murder.

The Supreme Court also reinstated Qadri's conviction for violation of the country's anti-terrorism laws.  A backer of Qadri reacted to the decision, saying:

This is going to cause anarchy in the country, because the followers of the Prophet, peace be upon him, are very upset. They have imposed the white man’s law on us.

Malaysia's Federal Court Upholds State Ban On Producing Book Contrary To Islamic Law

As reported by Bernama and Malaysian Insider, Malaysia's Federal Court yesterday upheld against freedom of expression and other challenges Section 16 of the Selangor Syariah Law which criminalizes producing, disseminating or possessing for sale any book or document that is contrary to Islamic law.  ZI Publications and its director Mohd Ezra Mohd Zaid were charged by Selangore state authorities with violating Section 16 by publishing a book titled "Allah, Love and Liberty" written by a Canadian author and Muslim reformer Irshad Manji. ZI and Zaid challenged the validity of the state law in the Federal Court.  But Justice Raus, writing for a 5-judge panel, said that the constitutional protections for freedom of expression must be read together with provisions declaring Islam as the country's religion and giving states the power to control or restrict propagation of any religious doctrine or belief among persons professing the religion of Islam.

Malaysian Federal Court Upholds Death Sentence of Gardener Who Killed Doctor For Insulting Islam

Yesterday a 5-judge panel of Malaysia's Federal Court upheld the death sentence that had been imposed on a Pakistani Muslim gardener who in 2011 beheaded a doctor for whom he was working. The murder stemmed from a conversation between the two men in which the doctor had insulted the Kaabah, the building at the center of Islam's most sacred mosque. The New Straits Times reports on the decision.

UAE's New Law Bars Discrimination, Hate Speech and Insulting of Religion

The National reports that on Monday the United Arab Emirates adopted the Anti-Discriminatory Law which prohibits discrimination on the basis of religion, caste, creed, doctrine, race, color or ethnic origin. The new law also bans actions that promote religious hatred or insult God, his prophets or apostles or holy books or houses of worship or graveyards. It prohibits hate speech or the promotion of discrimination or violence against others using any form of media.

In India, Rapper, Singer and YouTube Sued For Insulting Zoroastrianism

According to yesterday's Los Angeles Times, in India a Parsi civic organization has filed a public interest lawsuit against rapper Snoop Dogg, Iranian pop singer Amitis Moghaddam, YouTube and other defendants for insulting their Zoroastrian religion.  The suit, filed in a court in the city of Kolkata, seeks to have a musical video featuring the celebrities banned because of its use of a giant gold Faravahar, the winged disc that is a respected symbol of Zoroastrianism.  The three-and-a-half minute video for the song King shows Snoop Dog on a throne under the Farvahar smoking weed, and shows Moghaddam dressed as a Persian queen lying under the Farvahar being fanned by  two scantily clothed men.