Saturday, July 11, 2020

Germany’s evolving fight against the far-right extremism

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Inshiya Nalawala

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Germany’s evolving fight against the far-right extremism


Global Views 360

Publication Date

July 11, 2020


Holger Munch, President BKA, Germany

Holger Munch, President BKA, Germany | Source:  Olaf Kosinsky ( via Wikimedia | Under Licence: CC BY-SA 3.0-de

Several shocking incidents of attacks on racial or religious minorities in Germany are making headlines for the last few  years.

In June 2019, a pro-refugee regional official Walter Lübcke was gunned down at his home in Central Germany by a 45-year old man, Stephan-Ernt’s. According to the prosecutor, Dr. Walter Lübcke's argument in favor of accommodating refugees in the town of Lohfelden had instigated xenophobic and extremist thoughts in the mind of his killer.

Two people were killed by a heavily armed man during a failed attempt of massacre at a Synagogue in the city of Halle in October 2019. In yet another shootout, nine immigrants and ethnic-minority Germans were killed during an unrestrained shooting in Hanau on 19th February 2020.

The government investigations and media reports blamed individuals linked or influenced by the far-right extremists groups for these attacks.

In November 2011, government Investigations revealed that National Socialist Underground(NSU), a Neo-Nazi terrorist group has fuelled the Nazi idealogy for decades and is responsible for various killings including murders of immigrants and foreigners.

Another far-right group known as the Frietal Group, launched attacks on refugee shelter houses and political opponents in the town of Saxony in 2015, claiming that they are protecting Germany from foreigners.

The German law enforcement authority also arrested members of the Revolution Chemnitz in 2018, who were allegedly planning attacks on immigrants, journalists and political opponents. Eight members of the group were sentenced to several years in prison by a court in Germany on 24th March 2020.

Looking at the rampant spread of hate, Holger Munch, the president of Federal Investigative Police Agency of Germany (BKA), accepted that suspects of the right-wing extremist under the observation of BKA have increased from 4 in 2012 to 46 in 2020, adding that “the far-right poses a pernicious and growing threat with 3 acts of far-right violence every day”.

In order to curb the spread of hatred, xenophobia, and anti-semitism by the right-wing activists, the German Government drafted a nine-point strategy to combat the recent.

The key aspects of the nine-point strategy a) Internet Service Providers to report any hate speech forwarded/shared on Social Media or the Internet along with the IP address of the wrongdoer to the government authorities, b) Tighten Gun laws with a mandatory check on requests to keep arms by the domestic intelligence police (BfV) was another stance of the government, c) Revising the existing prevention programs aimed to tackle right-wing extremism, and d)  Special protection for the politicians at local, state, and federal level who were considered to be under the threat from right-wing extremists.

The BKA President, Holger Münch said that by deploying a police patrol team online just like police officers patrol streets, the government can ensure promising results. With the increase in funding and personnel in Germany’s security apparatus sanctioned in the state budget discussion 2020, Münch reflected optimism that agencies could now work better and more efficiently in battling crime and violence.

Keeping aside the various controversies, it is also imperative to acknowledge the efforts of Dortmund, a western city in Germany, in curbing the rising trend of far-right extremism. Dortmund being an important city in the country invited migrants from Turkey and Southeast. More than 3000 immigrants from over 70 countries including Iraq, Syria and Afghanistan live here making it a hotspot, attracting xenophonic and far-right crimes.

In 2015, a special task force was set up in Dortmund to take action against far-right extremists and the city to a large extent has been successful in curbing their activities. According to the city's police chief, Gregor Lange, Offenses such as sedition, verbal assault, racist propaganda, and damage to property were down by 25%. Violent crimes such as arson and bodily assault went down by 35% year-on-year. The drop is even more impressive compared to five years ago, when figures were 50% and 80% higher, respectively.

The success of Dortmund city in fighting far-right extremism gives a hope that the nationwide implementation of nine-point strategy will help in curbing the rising trend of violent extremism in Germany

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July 19, 2021 12:00 PM

The Blasphemy Law of Pakistan and its Implications

In Pakistan, Blasphemy results in a capital punishment in majority of cases. It is perhaps considered a crime worse than terrorism. A crucial case in point is the fact that the Pakistan’s Anti-Terrorism Court gave around 15 years jail term to two close aides of Hafiz Saeed—chief of the terrorist organization—Lashkar-e-Taiba—and mastermind behind 2008 Mumbai terrorist attacks—where at least 150 innocent people lost their lives.

Similarly, Zakiur Rehman Lakhvi—Lashkar-e-Taiba’s operation commander and another important figure involved in the 2008 Mumbai attack—was sentenced to 15 years in jail period. Not to mention—this happened amidst the international pressure on Pakistan for letting terrorists to function and roam freely within their country.

While something as violent as terrorism is dealt with lenient punishments, there are draconian laws for blasphemy in the country. Moreover, one can be accused of committing blasphemy—doesn’t matter if they did it or not—and might not even face a fair trial.

This article discusses what are the blasphemy laws and what are their implications while looking at some specific cases.

What are Pakistan’s Blasphemy laws?

What's called Blasphemy law today has its origins in the colonial era. The “offences relating to religion” were introduced by British in 1860, and were later expanded in 1927. These were sections 295 and 295-A from the Indian Penal Code. The laws were made to avoid religious disturbances, insult religious beliefs, or intentionally destroy or desecrate a place or an object of worship. Under the 295 and 295-A, the convicted were to be given a jail term from one year to ten years—with or without a fine.

Pakistan ended up inheriting these laws after the partition of India in 1947.

The laws were amended in 1982 and another clause was added which prescribed life imprisonment for desecration of the Quran intentionally. Another clause was added in 1986 to punish blasphemy against the Prophet Muhammad through imprisonment for life or death. These clauses, were added under General Zia-ul-Haq’s military regime, in an order to make the laws more “pro-Islam.”

Since then, this law has often been used to persecute people from minority communities—such as the Ahmadiyas, Shias, Christians, and Hindus—they have been accused of blasphemy without much evidence.

Infamous cases and implications of blasphemy in Pakistan

One of the famous cases was of Asia Bibi, which grabbed international attention as well. Asia Noreen—known as Asia Bibi—was a Pakistani Christan and a farm laborer in Punjab province. Her husband, Ashiq Masih, was a brick laborer. A dispute with her Muslim neighbours turned into an accusation of blasphemy—leading to her arrest and imprisoned. There were a lot of protests in Pakistan, demanding death penalty for Asia Bibi.

Two politicians—Salman Taseer and Shahbaz Bhatti—who supported and tried to help Asia Bibi, were murdered. Taseer was shot by his own bodyguard named Malik Mumtaz Hussain Qadri in broad daylight. Qadri was tried and sentenced to death. He was executed in 2016. Mumtaz Qadri became a hero for millions and hardliners praised him as a martyr. He is regarded as a saint and a mausoleum has been built over his grave in his village near Islamabad, where even devotees come to offer prayers.

Asia Bibi was first sentenced to death by a trial court in 2010, however was later acquitted by the Supreme Court in a historic judgement of 2018. In 2019, Pakistan’s Supreme Court ruled that she was free to leave Pakistan and was given asylum in Canada where she moved along with her family.

Although after a long struggle, Asia Bibi still got justice and was able to start a new life—unfortunately many others didn’t. Many met with Mob Justice.

In 2017, a journalism student at a Pakistani University was lynched to death by fellow students in Mardan—in the province of Khyber Pakhtunkhwa. The student—Mashal Khan—was a Shia Muslim and was falsely accused of blasphemy. The mob was enraged by a rumour according to which he had promoted the Ahmadi faith on Facebook. In a similar instance, a man named Tahrir Ahmad Naseem was killed by vigilantes in July last year for blasphemy. He was a former Ahmadi, and was in Peshawar Central Jail since 2018 for claiming to be a prophet. He was shot dead inside the courtroom during trial in the Peshawar Judicial Complex.

Furthermore, in a case similar to that of Asia Bibi, a Christian couple—Shahzad and Shama Maseeh—were accused of blasphemy as well. They were then beaten and burned alive by a mob in 2014. Shama was four months pregnant. The mob, which also included a local cleric, believed that the couple had burned some pages of the Quran along with some rubbish, although the couple’s family still denies this. Five people including the cleric were sentenced to death, while the eight others were given two years imprisonment.

Last year, former Foreign and Defense Minister Khawaja Asif as well was accused of blasphemy for merely stating that “all religions are equal.”

Why is this happening?

According to data by Pakistan’s Centre for Social Justice, there have been 1549 known cases of serious blasphemy in the years 1987-2017, out of which 720 were Muslims, 516 Ahmadis, 238 Christians, 31 Hindus, and the rest 44 are unknown. 75 out of the total cases ended in the person being murdered before their trial.

There are 13 countries in the world which punish blasphemy by death penalty and Pakistan happens to be one of them. But unlike countries like Iran and Saudi Arabia where they are executed judicially—as mentioned earlier—accused in Pakistan are often killed in mob violence or assassination. While Saudi Arabia and Iran continue to top in terms of the highest number of executions, most of them for sacrilege or crimes against Islam, Pakistan’s total ‘judiciary’ killings stand at zero.

The problem of this mob mentality in Pakistan, especially when it comes to religion, is actually deeply rooted in its constitution. The country’s aspiration to become a democracy as well as an Islamic state is in itself contradictory. The people want the right to freedom and expression and the hanging of a person committing blasphemy at the same time. The constitution denies criticism of Islam while claiming to allow freedom of speech and religion. The elevation of one religion over others in itself is principally undemocratic.

Another interesting point is the fact that the people supporting these ideas haven’t been aware of how things can backfire. Muhammad Din Taseer—father of Salman Taseer—supported Ilam Din, who murdered a Hindu publisher over blasphemy in 1929. An ancestor’s support for radicalism ended up in his own offspring being assassinated in the name of blasphemy.

Mental illness and blasphemy

In Pakistan, often some mentally ill people are punished to death by mobs for unknowingly ‘committing’ blasphemy. In 2012, a man widely reported by the media and police as ‘mentally unstable’ was arrested for blasphemy in Bahawalpur district, Punjab province. A mob gathered outside the police station, dragged him outside, and burned him to death. There have also been cases of misuse where such vulnerable individuals were subjected to sexual abuse and later accused of blasphemy by the abusers to cover up their crimes.

Such abuses towards mentally unsound people would have been a criminal case and the abusers would have been punished—unless they use the blasphemy law—as the mentally unstable victim cannot defend themselves.

Role of Anti-Terrorism courts

Pakistan’s Anti-Terrorism courts were set up to ensure quick justice in cases such as terrorism, sectarian violence, targeted political killings, hijacking, kidnapping, extortion and even arms trafficking. Earlier gang rape was also included in it—but removed later.

They are also key to controlling mob attacks on blasphemy accused as such trials are held here.

Yet, these courts have been facing several problems due to lack of basic resources and understaffing. The posts of judges often remain vacant for months, and the state prosecutors complain of poor working conditions—with no offices, stationery, clerical staff or legal resources. These problems may have risen due to the fact that there are not sufficient funds allotted for the ATC infrastructure, one of the major challenges in Pakistan’s legal system. Due to this, these courts are not able to fulfill their primary objective—to provide ‘quick’ justice.

Moreover, these courts lack independence and are vulnerable to political influence—the judges are held accountable to the executive. Sometimes the witnesses often refuse to testify against the accused, as they fear assassination by terrorist groups the accused belongs to. The judges, state prosecutors and others also have personal security concerns which also lead to delays in trials.

Also, these courts deny terrorism suspects the right to equality before the law. They are not even tried in a public place with full defense and are not presumed innocent. Peshawar High Court advocate Ghulam Nabi even challenged the Anti-Terrorism (Amendment) Ordinance 2009 under Article 199 of the constitution in December 2009, saying that it violated basic human rights.

The blasphemy laws of Pakistan need to be repealed in today's Global civic society. People are fighting for equality everywhere around the globe. And now it is up to Pakistan to choose—whether to become a democracy or continue with a pseudo-democratic authoritarian regime which is based on extremist interpretation of religion.

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