Sharp questions have flared up concerning the independence of the Egyptian judicial system. The Criminal Court of Sohag sentenced only two of 95 defendants on February 27 in a retrial for the deaths of 21 Christians in and around the village of al-Kosheh, 300 miles south of Cairo, in late 1999 and early 2000. The 95 defendants also were charged with destroying 65 homes, kiosks, and shops.
One Muslim defendant was sentenced to 15 years in prison, and another to three and a half years for murder and assault. The killings took place on the third day of mob violence that started with a trade dispute between a Christian and a Muslim. The atmosphere was already volatile following Christian accusations of police bias in investigating the murder of two Christians in 1998. Al-Kosheh is 65 percent Christian.
After the initial destruction, angry Muslims solicited help from Muslims in neighboring villages. An estimated 5,000 people took part in days of riots that followed. On January 2, 2000, rioters killed 21 people. Some were brutally murdered in their homes or in the fields.
After the rioting ended, local Muslims and Christians were quick to hurl accusations at each other for responsibility in the carnage that made international news and dominated the news in Egypt for months.
Police, court bias alleged
Christians and others widely accused the police being conspicuously absent during the first two days of the conflict. According to the American Egypt Country Report on Human Rights Practices, the government never investigated alleged misconduct of police.
On February 5, 2001, the Criminal Court of Sohag sentenced only four of the defendants—not for murder, but for carrying weapons and participating in the riots. Christians were shocked that even people they had accused of murder were acquitted.
This sentence caused an outcry from Coptic Orthodox Church leaders. Judge Muhammad Afifi examined the case for the first ruling and explained that the mob fighting made it impossible to sentence specific people.
"The crime was brutal, inhumane, and against morals and laws," he told as-Sharq al-Awsat, a Suadi newspaper. "The legal rule is nevertheless that the accused is innocent till proven guilty. Convictions in criminal cases are based on clear-cut evidence." Witnesses contradicted each other and often did not match the laboratory findings.
Relatives of the victims, villagers, and Coptic Orthodox church leaders rejected this new verdict. The verdict meant that most of the accused killers were still at large. Many Christians in al-Kosheh claim to know with certainty who those killers are, causing fear that more killing will occur.
The U.S. Copts Association responded that Egypt's courts "continue to issue politically dictated rulings that merely cater to the fanatical elements of Egyptian society." Hafez Abu Se'ada, general-secretary of the Egyptian Organization for Human Rights, disagrees with the accusation. "This decision was taken by a [civilian] court. Civil courts are, unlike military and security courts, politically independent."
Christian lawyer Nargis Kamel agrees: "But it seems from the verdict that all parties have worked together—Pope Shenouda, state, and court—to avoid escalations," he says. "Upper Egypt is known for its vendettas. Only recently dozens of people, who were on their way to a court case, were killed in such a vendetta."
Christians accused
Christians in al-Kosheh are not strong enough to retaliate with violence, but Christians and Muslims level accusations at each other like verbal vendettas.
Coptic Orthodox Bishop Wissa in Southern Egypt has been accused of tampering with witnesses and Father Gabriel of al-Kosheh was charged with carrying a weapon during the riots. Both Bishop Wissa and Father Gabriel have denied the charges, which were dropped in an apparent effort to avoid escalation of the tensions.
Egyptian human-rights activists and church leaders do not blame the court but rather the police. Abu Se'ada accuses the police of "starting to collect evidence three days after the killings. Police reports were made that [seem to have] inaccurately reflected the plaintiffs' statements."
Mamdouh Nakhla, one of the lawyers defending the Christians of al-Kosheh, spoke of police negligence and complicity, accusing them of "withholding vital evidence during the trials."
Bishop Marcos of Shubra al-Kheima, one of the two bishops investigating the killings just days later, blames the police of Sohag for failing to provide the judge with sufficient evidence. "If policemen are not able to do a proper investigation, they should be fired. The Minister of Interior should accept the political responsibility for their failure and resign."
Relations between Muslims and Christians in al-Kosheh were peaceful until 1998, but have disintegrated because of how local Muslim and Christian leaders have dealt with some tensions. Those relations further deteriorated after the murders and the two court verdicts. Bishop Wissa fears the worst for the future. "If the perpetrators of the murders are allowed to walk free, it will be seen as a green light to kill Christians."
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"The blood of people is crying," Bishop Marcos from Cairo says. "We don't know when the fire will flare up again." Many Christians from al-Kosheh are not taking chances. They are moving to Cairo, weakening the numerical strength of the remaining Christians.
Bishop Marcos and other church leaders say the poisoned relations in al-Kosheh have no effect on Muslim-Christian relations in other parts of the country.
"Relations are generally good," the bishop said. "The number of church buildings doubled between 1971 and today to approximately 1,500. In Cairo there were 100 church buildings added; 20 in Alexandria. In my diocese I have been able to build approximately one church per year in the past few years. We believe President Mubarak is the best leader we have known for centuries."
Muslim-Christian relations are strongly related to economic pressures in poverty-stricken areas, external influences such as "Christian America" threatening a war with Iraq, anti-Muslim statements in the West, and relations between Christian leaders and local authorities.
"A bishop needs to be wise, have patience, and have good relations with local authorities, including the security, members of parliament for the area, and other local leaders," Bishop Marcos said. Several bishops said Bishop Wissa has not been able to deal adequately with the local tensions because his own relations with local authorities are strained. They will not say who is responsible for those strained relations.
The governor of Sohag believes Bishop Wissa is "a firebrand" and praises Bishop Bachum in Sohag for his attitude. Bishop Bachum is able to get things done while Bishop Wissa's wishes are neglected. Christian leaders generally agree that having good relations with local authorities helps ease potential local tensions.
The judge will explain his decision in a written statement in the next few days. The prosecutor-general is expected to bring the decision before the court of Cassation, Egypt's highest
regular court.
Cornelis Hulsman is editor of Religious News Service from the Arab World. To order copies, write to jourcoop@intouch.com.
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