Latest Setback Leading up to Discussion between General Petraeus and President Karzai

Washington, D.C. (November 29, 2010) – International Christian Concern (ICC) has learned that the trial of an Afghan Christian arrested for converting from Islam has been temporarily rejected after the judge ordered that unknown corrections be made to his file. The case is on the meeting agenda of General David Petraeus and President Hamid Karzai scheduled for Wednesday.

Sayed Mossa was arrested as part of a nation-wide crackdown against Christians after video footage of Muslim converts to Christianity being baptized was aired on Afghan network Noorin TV. After two previous postponements of Mossa’s trial, his case was outright rejected by the judge on November 27th.

“The judge had ‘rejected’ the file containing the indictment. We understand this to mean that the judge ordered the Attorney General to effect some correction of what is on file,” explained a lawyer with Advocates International (AI) who recently arrived in Afghanistan to defend Mossa. “In terms of Afghan law, Sayed is entitled to receive a copy of the indictment and to peruse the evidence, if any, on file, so as to file affidavit(s) countering any damaging allegations therein. Sayed had not received such a document and our own enquiry at the Attorney General had no success.”

Since Mossa’s arrest, he has not been formally charged, given equal protection or legal representation.  The only lawyer willing to defend him has been denied the right to represent Mossa in court. “Afghan law only allows legal representation in court of Afghan citizens by fellow citizens,” explained the AI lawyer. “This is indeed the law, but it is misapplied as it does not abrogate the right to consult any lawyer of your choice.”

“While we are doing all we can to see Sayed our brother receive a more fair trial, we believe the charges should be withdrawn altogether. The right to choose who and what to believe is the most basic of rights, after the right to life. It is outrageous to think that Afghanistan, a signatory to the Universal Declaration of Human Rights which not only enshrines this right, but also spells out in Article 18 the right to change your religion, should allow a misguided Attorney General to proceed with the prosecution of a suspicion on apostasy,” concluded the AI lawyer.

Aidan Clay, ICC Regional Manager for the Middle East, said, “Sayed Mossa has been denied the right to a foreign attorney. Currently, we are working to find an Afghan lawyer willing to defend him. However, if his trial resumes before the international community intervenes, he again may be without legal representation in court. Afghan court officials have said that his punishment may very likely be the death sentence. It is time for the international community to condemn President Karzai’s administration for allowing a human rights violation of this magnitude to occur. Is this what NATO and the ISAF are fighting for in Afghanistan? If the world is silent, and Mossa is executed, Mossa’s case – which exemplifies the freedoms of all Afghans – will always be remembered among the darkest blotches of the U.S.-led war initiative to liberate Afghanistan.”

For interviews, contact Aidan Clay, Regional Manager for the Middle East: clay@persecution.org