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Murder of Marwa El-Sherbini

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Marwa El-Sherbini
File:Marwa el-sherbini. Funeral meeting dresden - germany.jpg
Memorial for Marwa El-Sherbini in Dresden
Born(1977-10-07)7 October 1977
Alexandria, Egypt
Died1 July 2009(2009-07-01) (aged 31)
Dresden, Germany
Cause of deathStabbing
Resting placeAlexandria, Egypt
NationalityEgyptian
OccupationPharmacist
SpouseElwi Ali Okaz
ChildrenMustafa

Marwa Ali El-Sherbini (Arabic: مروة الشربيني; 7 October 1977 – 1 July 2009) was an Egyptian pharmacist and the mother of a young child. She was killed during a hearing at a court of law in Dresden, Germany,[1] by a man against whom she had testified after being insulted for wearing an Islamic headscarf.[2][3] The circumstances of the death of El-Sherbini, who was pregnant at the time, resulted in widespread international reactions. The assailant was subsequently sentenced to life imprisonment.[4]

Early life

El-Sherbini was born in Alexandria, Egypt, the daughter of chemists Ali El-Sherbini and Laila Shams. In 1995 she graduated from the El Nasr Girls' College, where she also acted as a student speaker. She was a member of the Egypt national handball team from 1992 to 1999. From 2000 to 2005 she studied pharmacy at the Faculty of Pharmacy of Alexandria University, obtaining a bachelor's degree.[5]

Moving to Germany and life in Dresden

In 2005, El-Sherbini moved with her husband, Elwi Ali-Okaz, to Bremen, Germany. In 2008, the couple and their two-year-old son moved to Dresden, where her husband, a lecturer at Minufiya University, obtained a doctoral research position at the Max Planck Institute for Molecular Cell Biology and Genetics. At the same time, El-Sherbini worked at the University Hospital Dresden and at a local pharmacy, as per accreditation requirements to practice pharmacy in Germany.[5]

Together with others, El-Sherbini founded an association (Eingetragener Verein) with the aim of establishing an Islamic cultural and education centre in Dresden.[5][6] At the time of her death El-Sherbini was three months pregnant with her second child.

Verbal abuse and court case for defamation

On 21 August 2008,[1] Alex Wiens[note 1] (a German citizen, born in Perm, Russia,[7] but claiming German ethnic origin) shouted abuse at El-Sherbini in a public playground for children in Dresden, in a quarrel over the use of a swing by his niece and El-Sherbini's son. El-Sherbini, who was wearing an Islamic headscarf, was called "Islamist", "terrorist" and (according to one report) "slut".[note 2] Others present tried to intervene, but Wiens continued the verbal abuse for several minutes, directing epithets in Russian and German at the Russian-speaking bystanders who tried to reason with him, until the police arrived at the scene.[8]

Wiens was charged with defamation and given a penalty order to pay a fine of 330 Euros.[note 3] After formally objecting and refusing to pay the fine,[1] Wiens was found guilty by the district court of Dresden, issuing a fine of €780 in November 2008. During the trial Wiens claimed mitigating circumstances for the act of insulting El-Sherbini, suggesting that "people like her" were not real human beings and therefore legally incapable of being insulted. The public prosecutor appealed the verdict, aiming at a custodial sentence,[1] due to the openly xenophobic character of the incident.[7][9]

Fatal attack in the courtroom

At the appeal hearing at the regional court in Dresden, 1 July 2009, nine people were present in the courtroom: a panel of one professional and two lay judges, the prosecutor, Alex Wiens as the defendant, his court-appointed defence counsel, El-Sherbini as witness for the prosecution, and her husband and son as observers.[10] No security personnel were present and no security searches of individuals and their possessions were carried out, common in cases without anticipated security concerns and with no persons under arrest present.[11]

After El-Sherbini had testified, Alex Wiens asked additional questions, such as why she was in Germany at all (this question was disallowed by the judge). As El-Sherbini and her family were about to leave, not intending to wait for the end of the hearing,[1] Wiens attacked her with an Template:Cm to in long blade, which he had taken into the courtroom in his backpack. El-Sherbini received multiple stab wounds to the upper body and arm (at least 16).[12] During the attack Alex Wiens was allegedly shouting "You don't deserve to live!".[7][9] While trying to protect his wife, El-Sherbini's husband Elwi Ali-Okaz was stabbed at least 16 times to the head, neck, upper body and arm.[12] The attack happened at 10:23 (time-stamped by the judge having raised a security alarm).[1] A police officer, who was in the court building testifying in an unrelated case was called to the scene to intervene, but mistook Elwi Ali-Okaz for the attacker and shot him in the lower leg. A criminal investigation against the police officer was ongoing as of 3 November 2009.[13] Wiens' defence counsel tried to help El-Sherbini by obstructing the assailant with chairs and a table. Her three-year-old son was also injured while being ushered to safety.[1]

Marwa El-Sherbini died at the scene, at 11:07,[1] succumbing to her injuries.[11][14] Alex Wiens was arrested on the scene,[15] asking police officers to kill him instead.[13][16] Elwi Ali-Okaz, critically wounded in the stabbing attack, was in a coma for two days.[17] He was subsequently treated for several weeks in a hospital near Dresden for the stabbing and shooting injuries.[18]

Elwi Ali-Okaz later filed a criminal complaint against the judge, who presided over the July trial, and against the president of the regional court, accusing them of having failed to provide adequate security.[19]

Murder trial

Wiens was held on remand on suspicion of murder of Marwa El-Sherbini[7] and attempted murder of Elwi Ali Okaz.[20] He was formally charged with murder, attempted murder and grievous bodily harm by the public prosecutor's office on 25 August 2009.[21][22] Prosecutors cited perfidiousness and malice (based on hatred against non-Europeans and Muslims) as qualifying characteristics for the murder charge.

An application for a change of venue by Wiens' defence lawyer was refused by the upper regional court (Oberlandesgericht).[23] Following a psychiatric assessment, full criminal responsibility was assumed.[24] However, as the defendant in 1991 was declared (in a medical examination for mandatory military service in the Russian armed forces) to suffer from severe and chronic psychotic conditions, prosecutors requested relevant information from the Russian authorities.[25] The requested documents arrived shortly before the end of the murder trial, without affecting its outcome.[26]

The trial began on 26 October 2009[27][28][29] and took place under strict security precautions due to alleged death threats to Wiens.[19][30] Due to these security concerns, the strong interest from national and international media[31] and from the public, all concurrent trials were transferred to other local venues.[32] El-Sherbini's widower, brother and parents acted in the role of co-plaintiffs for the trial,[note 4] represented by a prosecution counsel of eight lawyers,[27][18][33] from Germany, France and Egypt.[34][35]

On the opening day of the trial, the defendant arrived with his face concealed beneath a hood, hat, sunglasses and a mask.[36] After the judge urged him several times to remove the items, to confirm his name and date of birth, the defendant did so, apart from the sunglasses, for which he was fined for contempt of court.[34] A motion for the judges to be removed from the trial was filed by the defence counsel, citing bias as they were colleagues of witnesses and worked near the crime scene. This was denied by a separate panel that had ruled on this motion.

Elwi Ali Okaz, widower of El-Sherbini, testified on the first day of the trial.[34] Further witnesses during the first week of the trial included an appointed medical examiner on the causes of the victim's death,[37][38] the judge who had presided the trial on 1 July 2009,[39][40][41][42][43] the court-appointed counsel who had represented the defendant,[44][45] another judge (Schöffe) who had co-presided the aforementioned trial,[46] a social worker on the defendant's previous behaviour,[47] a court security officer,[48] and the judge of the defamation trial in the first instance in 2008.[49] Witnesses in the second week of the trial included people present in the original confrontation on the playground[50][51] and police officers responding to the attack on 21 August 2009[13][16].

On the beginning of the third day of the trial, Wiens injured himself in a fit of rage,[45][46][52] but was judged fit to stand trial after medical examination. Continuing with noncompliant and destructive behaviour, he was temporarily restrained by up to nine security officers.[46]

Closing arguments were held on 9 and 10 November 2009. The prosecution and the co-plaintiffs argued for a conviction for murder and attempted murder, with a finding of particular gravity of guilt. The defence applied for a conviction for manslaughter and attempted manslaughter, arguing that the killing was in the heat of the moment and that the defendant may have a paranoid personality disorder.[53] However, the verdict was delayed because the requested medical information from Russian authorities that arrived 9 November 2009 confirmed "undifferentiated schizophrenia" in 1991, thereby requiring additional testimony by a medical expert witness.[26]

On 11 November 2009, Alex Wiens was sentenced to life imprisonment for the murder of Marwa El-Sherbini. Judge Birgit Wiegand also stated that the court had found a "particular gravity of guilt", which requires the convict to serve a minimum of 18 years before a board will review the possibility of parole.[4]

Redress for victim's family

In October 2009, lawyers for El-Sherbini's family and widower approached the Ministry of Justice of the State of Saxony about compensation in an out-of-court discussion.[54]

German media and public reaction to the crime

Initial media reports

The killing was reported on 1 July 2009 in German radio and television[15] and in print media on the following day. In line with common media practice regarding crime victims, due to stringent privacy laws in Germany, El-Sherbini was in the initial media reports only referred to as "a 32[sic]-year old witness". The Minister of Justice for Saxony, Geert Mackenroth, who had visited the crime scene on the same day, publicly expressed condolence to the "young woman and her family". Another politician called for an investigation and the Association of Judges in Saxony (Sächsischer Richterbund) demanded a review of security procedures in court buildings.[11]

Writing in The Guardian, Anja Seeliger commented that "the German media initially reported on the case at the back page", and only in the light of the vociferous protests by thousands of Egyptians in Cairo, "the German federal government, which had kept silent for nearly a week, issued words of sorrow."[55]

Response by Muslim and Jewish bodies

The Central Council of Muslims in Germany suggested that the death of El-Sherbini was a result of a growing Islamophobia, evident in many Internet discussion boards.[56] They called upon Muslims not to instrumentalise the woman's death.[57] Egyptian researchers at the University of Dresden stated they had not been subject to discrimination and that they see the killing as an isolated incident.[57]

The General Secretaries of Germany's Muslim and Jewish Councils visited El-Sherbini's husband in hospital on 6 July 2009. Stephan Kramer, General Secretary of the Central Council of Jews in Germany stated: "You don't have to be Muslim to oppose anti-Muslim behavior, and you don't have to be Jewish to oppose anti-Semitism. We must stand together against such inhumanity."[14][58][59] Kramer later wrote "... as a Jew I know that anyone who attacks a person because of their race, nationality or religion is not only attacking the minority, they are attacking democratic society as a whole." He also deplored the "largely unchecked hate propaganda against Muslims".[60]

A local Islamic association in Dresden (Marwa Elsherbiny Kultur- und Bildungszentrum Dresden e.V.) stated that their planned centre for cultural exchange will be named after El-Sherbini, to promote mutual understanding between Muslims and non-Muslims.[5][6][61][62]

Prayers and public memorial ceremony

Flowers and placards at El-Sherbini's memorial in Dresden.

On 6 July 2009, about 2,000 Muslims of the Egyptian community and other nationalities in Germany held funeral prayers for El-Sherbini, in Dar Al-Salam Mosque, in Berlin.[63]

On 11 July, a public memorial, organized by local civil rights groups, was attended by more than 1,000 people, including the Egyptian ambassador and officials from the state of Saxony. White roses and photos of the victim and her family were placed outside Dresden City Hall.[64][65][64]

The Max Planck Institute for Molecular Cell Biology and Genetics, where El-Sherbini's husband researches, issued a statement on the occasion of the official ceremony, expressing shock and sympathy.[66] This was preceded by the Max Planck Society having strongly condemned the attack on 8 July, stating: "The fact that the attack was racially motivated is especially distressing to us, considering that the Max Planck Society is a scientific research organisation with staff members from the most various nations."[67]

International reactions

Response in Egypt

El-Sherbini's death caused considerable public and media attention in Egypt,[68] accompanied by strong anti-German sentiments. For example, the Egyptian Pharmacists' Association called for a boycott of German drugs.[69] Egypt's Prosecutor General Abdel Meguid Mahmud announced that a prosecutor from Alexandria was to be dispatched to Germany to assist in the investigation.[70]

On 6 July 2009, at El-Sherbini's funeral, in Alexandria, mourners referred to her as a martyr of the head scarf[63] and accused Germany of racism and Islamophobia.[71] Mourners carried banners criticising both German and Egyptian authorities' reaction to the crime.[72] Egyptian police temporarily cordoned off the German embassy in Cairo to protect it from angry protesters.[14]

Writing in the opinion section of Al-Ahram Weekly, Abdel-Moneim Said called on those who mourn for Marwa El-Sherbini to "not [to fall] into the same morass of bigotry and hatred that killed her", but to "create Arab-Muslim-European fronts, together with other faiths, to stand up against fanaticism, bigotry and discrimination on both sides."[73]

Responses elsewhere

Iranian President Mahmoud Ahmadinejad blamed the German government for El-Sherbini's murder and called for international condemnation of Germany.[74] In a letter to UN Secretary General Ban Ki-moon, Mahmoud Ahmadinejad demanded firm action against Germany and stated that "there is a strong view that the crime was a pre-planned attempt engineered by the judicial system and security forces".[75]

Although there were no official statement from the government in Pakistan,[76] Pakistani media reported the killing. According to Karachi-based newspaper Ummat, there were protests in Istanbul and Paris, while a protest in Amman organised by the Islamic Action Front was allegedly cancelled as the Governor did not want to jeopardise a scheduled German aid programme.[77]

Media and public reaction to murder trial

Interviewed by Deutschlandfunk radio, Al Jazeera correspondent to Germany Aktham Suliman said that the public in Arab countries was disaffected by their perception of the initial public reaction in Germany, and that people watched the trial closely. He also noted that the perception of a hypothesized verdict of not guilty by reason of insanity differed much between the Arab world and Germany, as in the former this would amount to, and be perceived as, getting away without punishment, while in Germany commitment to a forensic psychiatric institution would follow.[78]

Media scientist Hanan Badr commented on reporting in Germany and Egypt as being "a prime example of mass-media miscommunication between cultures".[79]

Notes

  1. ^ In line with common practice of German authorities and media concerning criminal suspects, Wiens was not identified by full name until being named in the trial[1] and was referred to as Alex W. in the German media. In the British media he has been referred to as Alexander W.
  2. ^ The German terms the police report said Wiens had used were Terroristin, Islamistin and Schlampe. In her court testimony on the day of her death, El-Sherbini confirmed the terms Terroristin and Islamistin but not the term Islamistenschlampe (Der Spiegel, 31 August 2009, p. 65).
  3. ^ A penalty order (Strafbefehl) can be issued by a court in Germany, in writing without trial, as punishment for a summary offence (Ordnungswidrigkeit). A district court (Amtsgericht) on request of a public prosecutor (Staatsanwalt) can for instance order to pay a fine or give a suspended prison sentence of up to one year.
  4. ^ Under the German code of criminal procedure (Strafprozessordnung), a victim of certain offences, or a spouse, life partner, child, sibling or parent of a homicide victim, can choose to join the criminal trial in the capacity of a co-plaintiff, in addition to the public prosecutor, who is the main plaintiff. The co-plaintiff has certain procedural rights. See Nebenklage (German-language Wikipedia)

References

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  61. ^ "Islamisches Kulturzentrum „Marwa el-Sherbini" in Dresden" (Press release) (in German). Islamisches Kultur- und Erziehungszentrum Dresden e.V. 12 July 2009. Retrieved 20 July 2009. {{cite press release}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  62. ^ "Press Release No. 2" (PDF) (Press release). Marwa Elsherbiny Kultur- und Bildungszentrum Dresden e.V. 30 July 2009. Retrieved 12 October 2009.
  63. ^ a b Almasry Alyoum: More Than 2000 Muslims Mourn Veil Victim in Berlin; Special Grave in Alexandria, 6 July 2009.
  64. ^ a b German city honors Egyptian woman slain in court, AP 11 July 2009, accessed 19 July 2009.
  65. ^ "Trauerfeier. Dresdner nehmen Abschied von getöteter Ägypterin" (in German). Hamburg: Spiegel Online. 11 July 2009. Retrieved 11 July 2009. {{cite news}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  66. ^ "MPI-CBG, Dresden response"
  67. ^ "Max Planck Society response "
  68. ^ "'Hijab martyr' rally due in Cairo". BBC News. BBC. 9 July 2009. Retrieved 31 July 2009.
  69. ^ The Huffington Post, Headscarf Martyr Marwa Sherbini Mourned in Egypt, 6 July 2009.
  70. ^ "Egypt to help Germany in 'veil martyr' case". The Peninsula. Quatar. Agence France-Presse. 9 July 2009. Retrieved 19 July 2009.
  71. ^ The headscarf martyr: murder in German court sparks Egyptian fury, The Guardian 8 July 2009.
  72. ^ EGYPT: Nationwide rage over the death of an Egyptian in Germany, Los Angeles Times, 7 July 2009.
  73. ^ "Footnotes on Marwa's murder". Al-Ahram Weekly. Cairo. Issue No. 956, 16-22 July 2009. Retrieved 19 July 2009. Our people and the European people are in a single boat. When the US and European countries sneezed because of an economic crisis we felt the effects from Iraq to Morocco. [...]. But the boat is not just an economic one. On the issue at hand in particular, the boat is the search for authentic common human values while condemning that killer who could not tolerate a veil that offends or harms no one. {{cite news}}: Check date values in: |date= (help)
  74. ^ Ahmadinejad blames Germany for courtroom murder
  75. ^ "Ahmadinejad writes to UN chief on al-Sherbini murder". Tehran: Tehran Times. 18 July 2009. Retrieved 19 July 2009.
  76. ^ Are Muslims Europe’s new Jews?, The News International, 15 July 2009.
  77. ^ (Attempts to declare the murderer of the hidjab martyr insane) (in Urdu), Ummant, 23 July 2009.
  78. ^ "Interview: "Man interessiert sich sehr."". Deutschlandfunk (in German). 29 October 2009. Retrieved 29 October 2009. {{cite news}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help) (radio interview aired 29 Oct 2009 08:23; transcript and audio)
  79. ^ Hanan Badr (2009). "Media Critique on the Marwa El-Sherbini Case: Desperately Seeking Intercultural Sensitivity". quantara.de. Bonn. Retrieved 7 November 2009. Reporting on the murder of Marwa El-Sherbini in the German and the Egyptian media testifies to mutual misperceptions, ignorance and a lack of intercultural sensitivity in both countries
  • Marwa ElSherbiny - information on the case from the perspective of the victim's friends and family.
  • hijabmurdertrial.com - weblog by a lawyer observing the trial with short posts of the trial's developments.
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