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Murder of Marwa El-Sherbini

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Marwa El-Sherbini
Photograph of commemorative ceremony
Commemorative ceremony 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
SpouseElwy Ali Okaz
ChildrenMustafa

Marwa Ali El-Sherbini (Arabic: مروة الشربيني; 7 October 1977 – 1 July 2009) was an Egyptian woman and German resident, who was killed during a hearing at a court of law in Dresden, Germany. She was stabbed by a man against whom she had testified in a criminal case for verbal abuse about wearing an Islamic headscarf.[1] Other noteworthy characteristics of this murder were that the perpetrator was motivated by hostility and prejudice against a race and religion; the criminal offence was committed in front of a child, while also attacking another person who tried to intervene.[2] In addition to these circumstances, the victim's husband was mistakenly shot by a police officer who was called to the scene.[1] The assailant was subsequently sentenced to life imprisonment for murder and attempted murder.[2]

The death of El-Sherbini immediately resulted in widespread international reactions. In Egypt, there was considerable public and media attention on the hate crime aspect of the offence.[3] Following anti-German sentiments and public protests in Egypt and other countries, the German government issued a statement more than a week after the incident had happened. Academic commentators later described this as an example of mass media miscommunication between cultures. The subsequent trial for murder and attempted murder occurred under strict security measures and was observed by national and international media, diplomats and legal experts.

Early life

Marwa El-Sherbini was born in Alexandria, Egypt, as the daughter of chemists Ali El-Sherbini[4] and Laila Shams.[5] In 1995 she graduated from the El Nasr Girls' College, where she also acted as a student speaker.[5] 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, Elwy Ali Okaz, to Bremen, Germany.[5] In 2008, the couple and their two-year-old son moved to Dresden, where Okaz, a lecturer at Minufiya University, obtained a doctoral research position at the Max Planck Institute for Molecular Cell Biology and Genetics.[5] 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 and expecting her second child to be born in Germany.[5]

Verbal abuse and court case for defamation

Alex Wiens,[note 1] born in Perm, Russia, immigrated to Germany in 2003 and gained German citizenship as a result of his German ethnic origin.[7] On 21 August 2008, he shouted abuse at El-Sherbini in a public playground in Dresden, in a quarrel over the use of a swing by his niece and El-Sherbini's son.[8] 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.[9]

Wiens was charged with defamation and given a penalty order to pay a fine of €330.[note 3] After formally objecting and refusing to pay the fine, Wiens was found guilty by the district court of Dresden and fined 780 Euro in November 2008.[8] During the trial Wiens claimed mitigating circumstances for the act of insulting El-Sherbini, suggesting that "people like her" were not really human beings and therefore incapable of being insulted.[7] Wiens was found guilty by the district court of Dresden and fined €780 in November 2008. The public prosecutor appealed the verdict, aiming at a custodial sentence,[8] due to the openly xenophobic character of the incident.[7][10]

Fatal attack in the courtroom

Building of the Landgericht Dresden, the regional court in Dresden, where the fatal attack occurred

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, Wiens as the defendant, his court-appointed defence counsel, El-Sherbini as witness for the prosecution, and her husband and son as observers.[11] 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.[12]

After El-Sherbini had testified, Wiens tried to ask additional questions about her right to be in Germany, but was overruled.[8] As El-Sherbini and her family were about to leave, not intending to wait for the end of the hearing,[8] Wiens attacked her with an Template:Cm to in long blade, which he had taken into the courtroom in his backpack.[8] El-Sherbini received multiple stab wounds to the upper body and arm (at least 16),[13] in such a forceful and sudden manner that resulted in an absence of defensive injuries.[14] While trying to protect his wife, El-Sherbini's husband Okaz was stabbed at least 16 times to the head, neck, upper body and arm.[13] The attack happened at 10:23, time-stamped by the judge having raised a security alarm.[8] A police officer, who was in the court building testifying in an unrelated case was called to the scene to intervene, but mistook Okaz for the attacker and shot him in the lower leg.[15] Wiens' defence counsel tried to help El-Sherbini by obstructing Wiens with chairs and a table. Her three-year-old son was also injured while being ushered to safety.[8]

El-Sherbini died in the court building at 11:07,[8] succumbing to her injuries.[12][16] Wiens was arrested on the spot,[17] while begging police officers to execute him with a gun shot.[15][18] Okaz, critically wounded in the stabbing attack, was in a coma for two days.[19] He was subsequently treated for several weeks in a hospital near Dresden for the stabbing and shooting injuries.[20]

Murder trial

Wiens was held on remand on suspicion of murder of El-Sherbini[7] and attempted murder of Okaz.[21] He was formally charged with murder, attempted murder and grievous bodily harm by the public prosecutor's office on 25 August 2009.[22][23] 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.[24] Following a psychiatric assessment, full criminal responsibility was assumed;[25] however, as the defendant was declared in 1999 to suffer from severe and chronic psychotic conditions during a medical examination for mandatory military service in the Russian armed forces, prosecutors requested relevant information from the Russian authorities.[26] The requested documents arrived shortly before the end of the murder trial, without affecting its outcome.[27]

The trial began on 26 October 2009[28][29][30] and took place under strict security precautions due to alleged death threats to Wiens.[31][32] Due to these security concerns, and the strong interest from national and international media[33] and from the public, all concurrent trials were transferred to other local venues.[34] El-Sherbini's widower, brother and parents acted in the role of 'co-claimant'[note 4] and were represented by the prosecution counsel.[20][35][36] On the first day of the trial the entire defence team, constituted of eight lawyers from Germany, France and Egypt, was present in court.[note 5][37] The defendant arrived on the first day of the trial shrouded behind a mask, sunglasses, hat, and a hood.[38] The judge requested the defendant to remove his head attire and confirm his name and date of birth. The defendant cooperated except that he retained the sunglasses, for which he was fined for contempt of court.[37] 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.[39]

Okaz, widower of El-Sherbini, testified on the first day of the trial.[37] Further witnesses during the first week of the trial included an appointed medical examiner on the causes of the victim's death,[14][40] the judge who had presided the trial on 1 July 2009,[41][42][43][44][45] the court-appointed counsel who had represented the defendant,[46][47] another judge (Schöffe) who had co-presided the aforementioned trial, a social worker on the defendant's previous behaviour,[48] a court security officer,[49] and the judge of the defamation trial in the first instance in 2008.[50] Witnesses in the second week of the trial included people present in the original confrontation on the playground[51][52] and the police officers responding to the attack on 21 August 2008.[15][18] The police officer who had mistakenly shot Okaz exercised the right to remain silent during the murder trial, as a criminal investigation against him was ongoing at the time.[15]

On the beginning of the third day of the trial, Wiens injured himself in a fit of rage by throwing his head against a table.[47][53] He was diagnosed with haematomas and a suspected traumatic brain injury, but was judged fit to stand trial after a hospital-based medical examination. Continuing with noncompliant and destructive behaviour, he was temporarily restrained by up to nine security officers.[53]

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 that were heinous crimes.[note 6] 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.[54] However, the verdict was delayed because the requested medical information from Russian authorities that arrived 9 November 2009 attested "undifferentiated schizophrenia" in 2000, thereby requiring additional testimony by a medical expert witness.[27]

On 11 November 2009, Wiens was found guilty of the murder of El-Sherbini and the attempted murder of Okaz, and sentenced to life imprisonment. Judge Birgit Wiegand stated that the court had found Wiens guilty of a heinous crime,[note 6] because the offence was accomplished in front of the child, against two people, in a treacherous way, and in a court of law.[2] It meant that Wiens received the maximum sentence for this crime.[55]

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.[56] In the verdict on 11 November 2009, Judge Birgit Wiegand also granted the claimant's request (Adhäsionsantrag, § 406 StPO) to claim for damages against the defendant in an 'adherent case' within the remit of this criminal case. It established, without having a separate trial for a private law claim, that Wiens has an obligation to compensate Okaz and El-Sherbini's beneficiaries for having harmed Okaz and killed El-Sherbini.[2]

Investigation of shooting of Elwy Ali Okaz

The fact that El-Sherbini's husband Okaz was wounded by a shot fired by a police officer was widely reported in the media at the time. It was cited as indicative of racism in Germany by El-Sherbini's brother.[16][57][58] Following a complaint, a criminal investigation against the Bundespolizei officer, who shot Okaz, was launched. In addition, a criminal investigation for involuntary manslaughter and denial of assistance was launched in October 2009 against the judge who presided over the July trial, and against the president of the regional court.[59] On 29 December 2009, the public prosecutor's office in Dresden announced that the investigation had been closed on 21 December 2009 without bringing an indictment,[60] as no suspicion of a criminal offence could be substantiated. Prosecutors argued that it must have been particularly difficult to assess the situation for the intervening police officer, because when he entered the room "Elwy Okaz and Alex Wiens were both covered in blood and Elwy Okaz had just managed to grab the handle of the knife with his hand, making it appear as though he was the attacker". There were further assessment difficulties because "the actual attacker—Wiens—was holding the blade of the knife, which added to the impression that he was the one being attacked".[61] The prosecutors' conclusion was that shooting of Okaz was a tragic mistake.[62] In January 2010, a lawyer acting for El-Sherbini's family filed a complaint against the prosecutors' decisions to close the investigations against the police officer, the judge presiding in the 1 July 2009 trial and the regional court president. [63]

German media and public reaction to the crime

Template:Muslims and controversies

Initial media reports

The killing was reported on 1 July 2009 in German radio and television and in print media on the following day. In line with common practice regarding reporting in the German media about crime and legal proceedings, El-Sherbini referred to as "32[sic]-year old" witness in a Deutschlandfunk report for Tagesschau on 1 July.[17] The Minister of Justice for Saxony, Geert Mackenroth, who had visited the crime scene on the same day, publicly expressed his "deep compassion for the victim's family, for the victim herself".[17] Another politician called for an investigation and the Association of Judges in Saxony (Sächsischer Richterbund) demanded a review of security procedures in court buildings.[12]

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."[64]

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.[65] They called upon Muslims not to instrumentalise the woman's death.[66] 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.[66]

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."[16][67][68] 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".[69]

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][70][71]

Public commemoration

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.[72] Five days latter 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 El-Sherbini and her family were placed outside Dresden City Hall.[73][74] About the same time, 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.[75] 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."[76]

In December 2009, the Ministry of Justice in Saxony announced plans to commemorated the death of El-Sherbini with a memorial plaque in the regional court building. This plaque will state both in German and Arabic language: "[Marwa El-Sherbini] She fell victim to Islamophobia and xenophobia. She opposed this with dignity and commendable moral courage."[77][78]

Reactions to killing in Egypt and Iran

El-Sherbini's death caused considerable public and media attention in Egypt,[3] accompanied by strong anti-German sentiments. Egypt's Prosecutor General Abdel Meguid Mahmud announced that a prosecutor from Alexandria was to be dispatched to Germany to assist in the investigation,[79] and the Egyptian Pharmacists' Association called for a boycott of German drugs. [58] At El-Sherbini's funeral in Alexandria, mourners referred to her as "a 'martyr' of the head scarf"[72] and accused Germany of "racism" and "Islamophobia." [80] Mourners carried banners criticising both German and Egyptian authorities' reactions to the crime.[81] Egyptian police temporarily cordoned off the German embassy in Cairo to protect it from angry protesters.[16] Writing in the opinion section of Al-Ahram Weekly, Abdel-Moneim Said called on those who mourn for Marwa El-Sherbini "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."[82]

Iranian President Mahmoud Ahmadinejad blamed the German government for El-Sherbini's murder and called for international condemnation of Germany.[83]In a letter to UN Secretary General Ban Ki-moon, 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".[84]

Media reactions to murder trial

Interviewed by Deutschlandfunk radio, Al Jazeera correspondent to Germany Aktham Suliman said that their viewers watched the trial closely, because they were disaffected by the initial reaction in Germany to the killing. He also noted that the perceptions of a speculated verdict of not guilty by reason of insanity differed vastly between Al Jazeera and Deutschlandfunk audiences. Accordingly, the former tend to apprehend such a verdict as an absence of punishment in terms of criminal justice, whereas the latter tend to be discerned with containment away from public life through being involuntary committed to a forensic psychiatric institution.[85] Media scientist Hanan Badr commented on reporting in Germany and Egypt as being "a prime example of mass-media miscommunication between cultures".[86]

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. or Alexander W. in the German media.
  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 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. For more see de:Strafbefehl.
  4. ^ Under the the German code for criminal law procedure a victim of certain offences, or a spouse, life partner, child, sibling or parent of a homicide victim, can choose to act as as a so-called 'co-claimant' (Nebenkläger), in addition to the public prosecutor who acts as claimant during a trial. This entails certain procedural rights. For more see de:Strafprozessordnung_(Deutschland).
  5. ^ Practising law in Germany, following EU regulations, fully-qualified lawyers from other EU countries, under certain circumstances, can represent clients in courts in Germany, whereas lawyers from non-EU countries can merely give legal advice but not represent in court.
  6. ^ a b Besondere Schwere der Schuld (lit. particular gravity of guilt; fig. heinous crime). This phrase in the German Criminal Code (§ 57a (1) 2 StGB) qualifies a life sentence and means not being eligible for parole after 15 years. In practice, convicts tend to be found eligible for parole after 18 to 25 years.

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  82. ^ "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)
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  86. ^ Hanan Badr (2009). "Media Critique on the Marwa El-Sherbini Case: Desperately Seeking Intercultural Sensitivity". Bonn: Qantara. Archived from the original on 31 December 2009. 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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