29 July 2022 | Washington DC. | Jubilee Campaign condemns the verdict by the Jumla High Court sentencing Pastor Keshav to one year in prison and a fine for exercising his right to freedom of religion and belief and calls on the Supreme Court to drop all charges against the pastor without delay.
The decision by the Jumla High Court violates the Constitution of Nepal and its international human rights commitments. It also defies the Kaski District Court decision which dropped all charges against the pastor and was the district which initially ordered the arrest of Pastor Keshav.
In November 2021, the Dolpa District Court sentenced pastor Keshav under its anti-conversion laws. Authorities released pastor Keshav on bail while his appeal was being heard in the Jumla High Court. The Jumla High Court maintained the penalty,
The decision by the Jumla High Court, if not overturned will set a worrying precedent for the right to freedom of religion and belief in Nepal. “What they decided in Jumla High Court is against article 18 Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to profess, practice and leave my religion […] This verdict says that we should not do these things, we cannot worship,” pastor Mukunda from Nepal shares. “[If the verdict is not overturned] we will see worse decisions and people sent to jail,” he says.
“This verdict says that we should not do these things, that we cannot worship. [If the verdict is not overturned] we will see worse decisions and people sent to jail,”
Pastor Mukunda from Nepal.
Jubilee Campaign NL reported on the importance of overturning the court decision which is why they are partnering with ADF International to cover the legal costs.
Nepalese Pastor Keshav convicted on appeal
Repost translation with courtesy from Jubilee Campaign NL
Read the original publication in Dutch here
On July 13, Dolpa High Court sentenced Pastor Keshav Raj Acharya of the Abundant Harvest Church in Pokhara to 1 year in prison. He was previously sentenced to two years in prison in November 2021 for “attempted conversion,” in the lower court, Dolpa District Court.
Kaski District Police first arrested Pastor Keshav on March 23, 2020. He reportedly stated in a video recording that God is also able to heal COVID-19. The statement is said to have been made in response to a request to pray for a sick person. However, the spiritual leader was not aware that a video recording of the statement had been published on YouTube without his permission. When he invited the sick person to his home for prayer, Pastor Keshav was confronted by two police officers who stood at the door and accused him of “spreading misinformation.”
At a recent hearing, Pastor Keshav’s lawyer argued that the conviction was wrongful because proper legal process had not been followed by law enforcement. In his argument, the arrest was a clear violation of the Criminal Procedure Code (CPC) in force in Nepal. As long as a criminal case is pending before the Court and a decision has not yet been made, the authorities are not allowed to proceed with a deprivation of liberty, as authorities wrongfully did to Pastor Keshav three times. After the first two arrests, Pastor Keshav was able to be released on bail, but after the third arrest for the same “offence” he was only reunited with his family, at the end of June 2020, after 3 months in detention.
Despite the trials, Pastor Keshav’s family, which includes two young children, are grateful for the prayers and continued support they have received during this difficult time. In addition to the emotional pressures, the pastoral couple also faces financial challenges. Due to the loss of income, they have had to leave the church building where they organized meetings, among other things.
“…this case is not just about Pastor Keshav but about all Christians who will be persecuted in Nepal in the future on the basis of this law, if it is allowed to be interpreted broadly.“
Pastor Keshav’s legal case marks the first official incident in which a person has been convicted under the recently passed anti-conversion laws in Nepal. After the introduction of new legislation, it is the court that determines how laws should ultimately be interpreted. Therefore, this case is not just about Pastor Keshav but about all Christians who will be persecuted in Nepal in the future on the basis of this law, if it is allowed to be interpreted broadly.
In a statement recently published by Voice for Justice, chairman Joseph Jansen rightly states that it is illegal and unethical to force someone to a different religion. In Pastor Keshav’s case, however, that is absolutely not the case. He prayed for his congregation and said that Jesus Christ has the power to heal people of diseases. The statements he made from the pulpit and in personal conversations clearly fall under the protection of freedom of religion and belief. The listener has complete freedom to go along with the ideas of the spiritual leader or to ignore them. Based on international agreements on Human Rights and religious freedom in particular, it can be stated that this judicial ruling is unacceptable in Nepal.
“For Hindu extremists, the introduction and implementation of Nepal’s strict anti-conversion laws is a powerful weapon to persecute Christian pastors. We must therefore continue to call on the Nepalese authorities to guarantee religious freedom,” said Joseph Janssen.