The Government and the Crown Prosecution Service have not shied away from their shared desire to revive blasphemy laws—17 years after their abolition. Having first attempted to introduce a Muslim blasphemy law through the back door, they now appear determined to do so through the front.
Hamit Coskun was arrested and charged with a religiously aggravated public order offence after he set fire to a Quran outside the Turkish consulate in London, protesting what he views as the “Islamification” of the Turkish government.
In a further illustration of the UK’s two-tier justice system, the man who shouted “I’m going to kill you” and violently attacked Hamit with a knife—Moussa Kadri—was spared jail. The CPS argued that Kadri’s attack demonstrated that Coskun’s actions had caused “serious public disorder.”
The CPS claims that Hamit’s actions—shouting “F*** Islam” and “Islam is the religion of terrorism,” combined with burning a copy of the Quran—amounted to a criminal offence. They argued that his actions caused harassment, alarm, or distress and were motivated by hostility toward a religious or racial group. While burning a Quran may offend many Muslims, it is not a crime on its own. The criminal law should not be used as a tool to address hurt feelings.
In October, Hamit had his conviction overturned by Mr Justice Bennathan at Southwark Crown Court, with support from the Free Speech Union. This was not only a victory for Hamit, but a significant one for free speech.
Now, the CPS has returned with a vengeance and is pursuing Hamit once again. The stakes are incredibly high and the outcome will set a legal precedent and will inevitably be cited in future cases involving Quran burning or any public challenges to Islam.
Should the CPS succeed in overturning Hamit’s acquittal, the UK will, in effect, have a Muslim blasphemy law. We must not allow that to happen.
In a free society, no religion should be shielded from legitimate challenge or criticism. Individuals must be free to express views that may shock, offend, or disturb. Elevating one religion above all others would create a hierarchy of faiths that suppresses free speech and sows division within communities.
The CPS argues that what Hamit did was disorderly not because it was “blasphemous,” but because it constituted an “act of desecration” that provoked those who viewed it as blasphemous—namely Muslims—into acts of violence. They described Hamit’s actions as “an obviously provocative act” and “controversial.” So what? As Mr Justice Bennathan correctly stated: “There is no offence of blasphemy in our law.
“Burning a Quran may be an act that many Muslims find desperately upsetting and offensive. The criminal law, however, is not a mechanism that seeks to avoid people being upset, even grievously upset. The right to freedom of expression, if it is a right worth having, must include the right to express views that offend, shock or disturb.”
Given that Parliament abolished blasphemy laws in 2008 for England and Wales, it is deeply concerning to see the CPS describe Hamit’s actions as “desecration.”
The CPS has acknowledged that there is no law allowing people to be prosecuted for ‘blasphemy’ and that burning a religious text, on its own, is not a criminal offence. Their spokesperson insisted that their case rests on Hamit’s choice of location, his words, and the act of burning the Quran, which they claim amounted to disorderly behaviour and demonstrated hostility toward a religious group.
Following news that the CPS intends to appeal Hamit’s acquittal, General Secretary and founder of the Free Speech Union, Lord Young, stated: “If the acquittal is overturned, it will send a message to religious fanatics up and down the country that all they need to do to enforce their blasphemy codes is to violently attack the blasphemer, thereby making him or her guilty of a religiously aggravated public order offence.”
The Free Speech Union remains steadfast in its support of Hamit and has instructed the same top legal team that secured his victory in the Crown Court to represent him again.
You can read more in The Times.
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