Charge against man who burnt Quran ‘incorrectly worded’, CPS admits

The wording of a charge against a man who burnt a Quran in protest was "incorrectly applied", the Crown Prosecution Service has admitted.

Hamit Coskun was charged with intent to cause "harassment, alarm or distress" against "the religious institution of Islam" after burning a Quran outside the Turkish Consulate in February.

Following interventions by the National Secular Society the CPS has said the wording of the charge was "incorrectly applied" and it has "substituted a new charge".

But the NSS said any conviction based on the facts of this case would suggest "the reinstatement of an offense of blasphemy in English law by the back door".

Blasphemy was abolished as a common law offence in England and Wales in 2008.

Shadow justice secretary: "There are many things in our society that people find offensive, but that doesn't make them criminal"

Coskun said his expression was a protest against the president of Turkey, Recep Tayyip Erdoğan, for policies which he said are turning Turkey into a "base for radical Islamists".

He also said his protest was an act of solidarity with Salwan Momika – an Iraqi refugee who was assassinated in Sweden in January after burning Qurans in repeated public protests.

Coskun has pleaded not guilty to the original charge.

Last month the NSS urged the CPS to drop Coskun's prosecution, after it obtained formal advice from human rights lawyer Akua Reindorf KC saying the charge was "plainly defective" as the "religious institution of Islam" is not a "person" for the purposes of the Public Order Act.

Shadow justice secretary Robert Jenrick has also criticised the charge. In a video posted on X this week, he said: "Burning the Quran, like any religious text, is something that some people find very offensive and few people would condone, but that's not the point.

"There are many things in our society that people find offensive, but that doesn't make them criminal".

The CPS has now told the Telegraph it charged Coskun "on the basis that his actions caused harassment, alarm or distress – which is a criminal offence – and that this was motivated by hostility towards a religious or racial group".

It added: "As part of our continuous review of ongoing cases, we concluded the wording of the charge was incorrectly applied and we have substituted a new charge to more accurately reflect the alleged offence".

The NSS understands the charge has now been replaced with an offence under Section 5 of the Public Order Act which criminalises using words or behaving in a disorderly manner, or displaying material that is likely to harass, intimidate or distress others. The penalty is a maximum fine of £2,500.

Coskun is due to appear before Westminster Magistrates' Court for trial on 28 May.

Last year, the Government said it would not reintroduce blasphemy laws, after Tahir Ali MP asked Prime Minister Keir Starmer to "commit to introducing measures to prohibit the desecration of all religious texts and prophets of the Abrahamic religions".

NSS: Prosecution is "reintroduction of blasphemy through the backdoor"

Stephen Evans, Chief Executive of the National Secular Society, said: "While we welcome the recognition from the CPS that the original charge was flawed, we remain deeply concerned that any conviction based on the facts of this case would suggest the reinstatement of an offense of blasphemy in English law by the back door.

"Coskun's protest was provocative. But our right to free expression is dependent on the right to be provocative and offensive – including to religious sentiments.

"Since its founding 150 years ago, the NSS has stood up for the right to critique and protest against the harms caused by religion. This right is just as crucial today, and we will continue to defend it."

Media coverage:

• Charges against man who burnt Koran 'incorrectly worded' - The Telegraph
• Man, 50, who 'set fire to Koran outside Turkish consulate' has charge of 'harassing' Islam dropped - MailOnline
• It shouldn't be illegal to burn a Quran - The Spectator