Maikel Nabil Sanad

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Maikel Nabil Sanad ( Egyptian Arabic مايكل نبيل سند [ˈMɑjkel næˈbiːl ˈsænæd] ; * October 1, 1985inAsyut) is anEgyptian bloggerwho was sentenced to three years in prison on April 11, 2011 for criticizing the military leadership in Egypt, later pardoned and released on January 24, 2012.

A military court in Cairo had given the first sentence. His lawyers and family members were not allowed to be present at the verdict.

Life

Sanad took a critical look at the role of the Egyptian army and published texts about it on his blog and on Facebook . Including: The army and the people wasn't ever one hand. (Army and people never went hand in hand), an article in which he discussed the role of the military during and after the revolution. “The army was never on the side of the people,” it says. "We got rid of the dictator, but not the dictatorship".

In his article, Sanad lists the army's human rights violations during and after the revolution. Among other things, numerous tortures and detention of demonstrators who were sentenced by the military courts in an accelerated trial to up to five years in prison. Among other things, he collected information about the arrests of March 9, when 190 supporters of the democracy movement in Tahrir Square, who protested against the constitutional referendum in Egypt in 2011 , were arrested and some were also tortured.

The process

Maikel Nabil was arrested by military police from his home in Cairo on the night of March 28th to March 29th. The main reason for his arrest were articles in which he critically discussed the role of the Egyptian army and which he published on his blog and on Facebook. The military tribunal charged with "insulting the military", "disseminating false information" and "undermining public security".

The human rights organization Human Rights Watch called for the allegations against the blogger to be dropped. Maikel Nabil Sanad only made use of his freedom of expression, which of course includes criticizing the role of the military. The process is a "dangerous precedent" at a time when Egypt is about to leave the attacks of the Mubarak era behind.

Condemnation

Maikel Nabil Sanad by Carlos Latuff

The military tribunal then used a trick to ensure that the verdict was pronounced in the absence of family, friends and lawyers of Maikel Nabil Sanad. On April 10, 2011, the judge initially stated that the verdict had been postponed to April 12. After lawyers, family members and friends left the courthouse, the verdict was announced and Maikel Nabil Sanad was sentenced to 3 years in military prison.

"Maikel Nabil's three-year sentence may be the worst strike against free expression in Egypt since the Mubarak government jailed the first blogger for four years in 2007." (The sentencing of Maikel Nabil to 3 years in [military] prison is probably the worst blow against freedom of expression in Egypt since the Mubarak regime sentenced the first blogger to 4 years in 2007) said Joe Stork, deputy director for the Middle East of human rights organization Human Rights Watch .

Maikel Nabil Sanad is “only” one of around 12,000 civilians who have been brought before a military tribunal by the Supreme Council of the Armed Forces since the overthrow of ex-President Husni Mubarak . On September 7, 2011, the Hisham Mubarak Law Center (HMLC) published a report titled Diaries Under Military Rule, along with the No to Military Trials for Civilians campaign, entitled Diaries Under Military Rule , which stated that in the - so far - relatively short rule of the SCAF in Egypt, far more civilians were tried and tried in military courts than in the entire 30-year rule of Mubarak.

The Supreme Military Council had around 12,000 civilians tried in military courts during its seven-month rule. In the entire - 30-year - rule of Mubarak, however, "only" 2,000 civilians were tried by military courts. This incredibly high number had also been mentioned shortly before by the head of the Egyptian military justice system.

On September 5, 2011, General Adel al-Morsy confirmed these figures - in advance - at a press conference. Adel al-Morsy announced that from January 28 to August 29, 2011, a total of 3,863 trials against civilians had taken place in military courts. Charges were brought against a total of 11,879 civilians. 795 accused were acquitted, 6,235 people were sentenced to prison and a further 1,836 were sentenced to probation. Another 1,225 civilians were also sentenced to prison terms. However, these judgments have not yet been confirmed. 281 civilians are in ongoing proceedings. (In his enumeration, however, the general “lost” 1,507 people) Activists such as Mona Seif from the “No to Military Trials for Civilians” campaign already assume that the actual number is far higher. Estimates go up to 20,000.

Hunger strike

On August 23, 2011, Maikel Nabil Sanad went on a hunger strike to protest his detention and treatment in prison. After he also stopped drinking and medication on August 30th, he fell into a coma three days later and was transferred to a military hospital. As a result, Sanad was again transported to the hospital in El Marg Prison in Cairo (in Al-Qalyubiyya Governorate ) and given glucose. However, he continued to refuse to take any medication he had to take because of his heart disease. He also announced that he would go on hunger strike again to continue the protest against his illegal prison sentence.

Reporters Without Borders (ROG) blamed the Supreme Council of the Egyptian Armed Forces for the critical health of Sanad : “Even if the hunger strike is a personal decision of the blogger, the authorities are responsible for the cause of his protest: for the illegal and anti-democratic one political imprisonment, ”said ROG General Secretary Jean-François Julliard . According to its own statements, the Egyptian transitional government is striving to build a democratic society. It is contrary to democratic standards for civilians to be tried in a military tribunal. In addition, it must be possible to criticize the army like any other institution of the state.

Appeal process

Maikel Nabil Sanad appealed the judgment at the end of June. A hearing (in the appeal proceedings before the competent military court in Cairo) on October 4, however, did not even take place. The judge postponed the appointment by a week to Tuesday, October 11, on the grounds that not all the necessary papers were available. However, the original files were stored in the same building and could have been easily consulted. Sanads' lawyer accused the presiding judge of deliberately delaying the proceedings. "The adjournment is tantamount to a death sentence against Maikel, because he has vowed not to drink any more water from today if he is not released," his father Ibrahim Nabil Sanad told Amnesty International .

Annulment of the judgment of April 10, 2011 - new procedure

On October 11, 2011, a military appeals court overturned the judgment passed on April 10, 2011 against Maikel Nabil Sanad and ordered the entire case to be completely renegotiated. However, the new trial against Sanad, which is due to open on October 18, 2011, will again take place in a military court.

Trial on October 18 - admission to psychiatry

Maikel Nabil refused to take part in the court hearing on October 18, 2011 - which again took place in a military court. His lawyers and members of his family were also absent because he had asked them to boycott any cooperation with the military tribunal, as this procedure was "the military's soap opera". The military court then appointed a public defender for him, who then, out of inexperience or because he wanted to help the court, demanded that Maikel Nabil should be transferred to a psychiatric clinic for a psychological examination. The C 28 military court was only too happy to follow this request and decided to admit Maikel Nabil to the psychiatric clinic in Abbasseya (Abbasseya Mental Hospital, Cairo) for an examination to determine whether Sanad was at fault.

In other words, the military court did not want to deal with Sanad's arguments, but wanted him to be declared insane. Die Zeit commented on the actions of the military: “Maikel Nabil Sanad is not crazy, but he represents values ​​in a particularly consistent manner that are self-evident in the West, but not in Egypt. He not only fights for freedom of expression, but also for women's rights and for peace with Israel. Obviously, the military tribunal thinks such attitudes are so crazy that Sanad is now being admitted to psychiatry. "

The hearing was then postponed to November 1, 2011.

Prevention of admission to psychiatry

The courageous approach of the renowned psychiatrist Dr. It is thanks to Basma Abdel Aziz (Director of the media department at Egypt's General Secretariat of Mental Health (GSMH) - Director of the Information Department of the Central Secretariat for Mental Illnesses at the Ministry of Health of Egypt) that Maikel Nabil Sanad's admission to the Psychiatric Clinic in Abbasseya is not it went as intended by the military (court). She vehemently denied the permanent briefing of Sanad and issued a press release on October 24, 2011 in which she u. a. declared:

“… The media department of the General Mental Health Secretariat condemns all attempts to abuse mental hospitals for purposes other than the ones they were designed for and reminds that the previous regime used to accuse mentally healthy individuals of being mentally disturbed and accuse them of crimes of conscience despite professional reports stating their sanity ... That is no longer acceptable today ... "

("... The Information Department of the Central Secretariat for Mental Illnesses condemns all attempts to abuse psychiatric clinics for purposes for which they were not created, and recalls that in the previous [Mubarak] regime it was common practice to accuse sane people, to be mentally confused, only to be charged with crimes of conscience, regardless of scientific research that has established their [mental] health. ... That can no longer be accepted in this day and age ... ")

And:

“… The referral of political activists and crimes of conscience to mental hospitals claiming to assess their mental condition is a dangerous and unacceptable affair and brings to memory dark periods of the history of humanity when opponents to the political and social system were incarcerated in mental hospitals with the aim of isolating them from society and stigmatizing them and consequently ridiculing their opinions and views, even after proven mentally health ... "

("... The admission of political activists and [people who have committed] offenses of conscience to psychiatric hospitals to examine their state of mind is a dangerous and unacceptable process and recalls dark periods of human history as adversaries of the political and social system were imprisoned in psychiatric hospitals with the aim of isolating them from society, stigmatizing them, exposing them to ridicule of their views and opinions, even if their mental health was proven. ... ")

Instead of praising her for her courageous demeanor and encouraging her to act, the Minister of Health (who was still in office at the time), Amr Helmi, tried to intimidate her with disciplinary measures. Only after Basma Abdel Aziz's superiors and the other employees of the Abbasseya psychiatric clinic showed their solidarity with her and demonstrated, Helmi dropped the allegations. (Amr Helmi has now been  replaced by Fouad Nawawy after the Essam Sharaf cabinet resigned from the new Kamal Ganzuri cabinet ).

After the Abbasseya Psychiatric Clinic had issued a report certifying Maikel Nabil's full mental health, he was taken back to the military prison.

Renewed postponements (postponements) of the process

On November 1, 2011, the hearing was adjourned again - to November 13, 2011. The request for adjournment was made by a public defender appointed by the court, because Maikel Nabil had again refused to attend the hearing because he still had the power to a military tribunal agreed to judge him, a civilian.

On November 13, the trial was postponed again - to November 27, 2011. The grounds of the military tribunal were that they still had to hear witnesses.

On November 27, the trial was postponed again - this time to December 4, 2011. Mark Nabil, Maikels brother, told Ahram-Online that the military tribunal had hoped to get information about Maikels Internet activities from the Internet service provider TE Data , but had achieved nothing in this regard.

Another postponement on December 4 - this time to December 7, 2011.

On December 7, 2011, Maikel Nabil's appeal hearing was postponed again - to December 14, 2011.

Judgment on appeal

Despite all international protests, Maikel Nabil Sanad was finally sentenced to two years imprisonment on December 14, 2011 on appeal (again) before a military court for "defamation of the Egyptian armed forces". The judgment cannot be appealed. In addition to the prison sentence, the court also sentenced him to a fine of 200 Egyptian pounds (around 25 euros). He is also supposed to pay 300 Egyptian pounds (around 38 euros) in fees for the public defender - a public defender whom the military court had appointed for him against his will. According to information from human rights groups, more than 12,000 civilians have now been tried in military courts and prosecuted.

Pardon and release

On January 21, 2012, the French news agency AFP reported the planned pardon of 1950 prisoners on the occasion of the first anniversary of the revolution , including Maikel Nabil Sanad. On January 24, 2012, Maikel Nabil Sanad was released from military prison. Sanad criticized the fact that he had been released on the basis of a pardon and stressed that he had not committed any crime, but merely exercised his right to freedom of expression. Reporters Without Borders (ROG) stated that Egypt is a signatory to the International Covenant on Civil and Political Rights , and that Article 19 (2) of that agreement reads: “Everyone has the right to freedom of expression; This right includes the freedom to procure, receive and pass on information and ideas of any kind in speech, writing or print, through works of art or other means of one's own choice, regardless of national borders. "The ROG therefore demanded:" The Egyptian judicial system must Revise the pardon and declare Sanad innocent ”.

If Maikel Nabil Sanad's imprisonment was unfounded, the indictment and conviction of a civilian by a military tribunal was completely unlawful. Now to pardon Maikel Nabil Sanad for magnanimously looking over him for an act that only in the opinion of the Military Council was a criminal offense, shows that one continues to move in medieval imaginations. Emperor, king, prince - enthroned by God according to the former conception - could allow grace to rule "in their infinite goodness" - if they occasionally felt like it. In a democracy, in a constitutional state, there is (no longer) room for such a way of thinking that is fixated on the past.

Web links

Individual evidence

  1. amnesty.org
  2. eff.org
  3. ^ Egyptian blogger sentenced to prison for insulting military . Al-Masry Al-Youm, April 11, 2011
  4. Blogger Maikel Nabil slapped with 3-year prison sentence; says worried about his safety . The Daily News Egypt, April 11, 2011
  5. After Informing the lawyers that the Sentence hearing is on April 12th, The Military Court Harshly and Almost Secretly Sentences The Blogger Michael Nabil to Three Years in Military Prison . Arabic Network for Human Rights Information, April 11, 2011
  6. Imprisonment. Egyptian blogger atone for criticism of the army . Spiegel Online , April 11, 2011
  7. Army has bloggers thrown in jail . Der Standard , April 11, 2011
  8. Torture allegations against Egypt's army . Zeit Online , March 29, 2011
  9. Maikel Navil Sanad: The army and the people wasn't ever one hand .
  10. Conscientious objector arrested . In: taz , March 30, 2011
  11. The end of kisses . taz , April 2, 2011
  12. ^ Military court postpones trial of blogger accused of insulting the military . almasryalyoum.com, April 1, 2011
  13. ^ Egypt: Drop Charges Against Blogger Critical of Military . Human Rights Watch, April 5, 2011
  14. ^ Court martial sentences blogger to three years in prison for criticizing military . Reporter sans frontières , April 11, 2011
  15. After Informing the lawyers that the Sentence hearing is on April 12th, The Military Court Harshly and Almost Secretly Sentences The Blogger Michael Nabil to Three Years in Military Prison . ANHRI - The Arabic Network for Human Rights Information April 11, 2011
  16. Blogger Maikel Nabil slapped with 3-year prison sentence; says worried about his safety . The Daily News Egypt, April 11, 2011
  17. ^ Egyptian blogger sentenced to prison for insulting military . Al-Masry Al-Youm, April 11, 2011
  18. a b c Worse than under Mubarak . In: Die Welt , October 10, 2011
  19. Rights groups condemn Egypt blogger jail sentence . The Daily News Egypt, April 12, 2011
  20. 12,000 in military courts under SCAF; 2,000 under Mubarak, says lawyer . The Daily News Egypt, September 7, 2011
  21. ^ Egypt to stop military trials for civilians once Emergency Law is lifted . Al-Masry Al-Youm, September 5, 2011
  22. Military trials for civilians to end when emergency laws are lifted: Egyptian General . Al-Ahram, September 5, 2011
  23. Hunger strike The last weapon against Egypt's military justice . Zeit Online , August 24, 2011
  24. Blogger on hunger strike: ROG demands immediate release of Maikel Nabil Sanad . Reporters Without Borders, September 6, 2011
  25. ^ Urgent Action. Blogger in solitary confinement . Amnesty International Germany, August 30, 2011
  26. Hunger strike because of military criticism. Egyptian blogger no longer in a coma . In: taz , September 6, 2011
  27. a b military arbitrariness. Egyptian blogger is fighting for his release . In: Der Tagesspiegel , August 31, 2011
  28. ↑ The trial against blogger Sanad is being reopened . Zeit Online , October 11, 2011
  29. Detained blogger Maikel Nabil to be retried . The Daily News Egypt, October 11, 2011
  30. ^ Egyptian blogger Maikel Nabil Sanad called for retrial . ( Memento of the original from October 13, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Bikyamasr, October 11, 2011 @1@ 2Template: Webachiv / IABot / bikyamasr.com
  31. Detained blogger's retrial set for Oct. 18 . The Daily News Egypt, October 13, 2011
  32. ^ Blogger Nabil. Military court instructs opponents of the regime in psychiatry . Spiegel Online , October 20, 2011
  33. Maikel Nabil to be sent to psychiatric hospital for evaluation . Ahram-Online, October 20, 2011
  34. Imprisoned blogger Maikel Nabil admitted to mental hospital . Egypt Independent, October 23, 2011
  35. Egypt's military council risks the death of blogger Sanad . Zeit Online , October 20, 2011
  36. People like Basma Abdel Aziz . Transit (Blog / Goethe-Institut), November 9, 2011
  37. Basma Abdel Aziz . Arab Women Writers
  38. Press Release regarding recent referral of activist Michael Nabil Sanad to Abaseyya Mental Hospital . facebook.com, El-Nadeem-Center, October 24, 2011
  39. Military court adjourns case of detained blogger to Dec. 14 . Daily News Egypt, December 7, 2011
  40. To the details of these processes But who will save Maikel Nabil next time? Ahram-Online, November 9, 2011
  41. ^ Health Ministry to question psychiatrist for revealing Maikel Nabil's location . Egypt Independent, October 31, 2011
  42. ^ Finally, El-Ganzouri cabinet sworn in . Ahram-Online, December 7, 2011
  43. ^ Full list of Egypt's new cabinet . ( Memento of the original from July 8, 2012 in the web archive archive.today ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Youm7, December 7, 2011 @1@ 2Template: Webachiv / IABot / english.youm7.com
  44. Meet the ministers: A thumbnail guide . Ahram-Online, December 7, 2011
  45. Detained blogger Maikel Nabil released from mental hospital, returns to military prison . Ahram-Online, October 27, 2011
  46. Maikel Nabil's case postponed until November 13th . Ahram-Online, November 1, 2011
  47. Maikel Nabil refuses to appear before military court, case adjourned . The Daily News Egypt, November 1, 2011
  48. Egypt military prosecution renews Alaa Abd El-Fattah's detention and postpones Maikel Nabil's retrial . Ahram-Online, November 13, 2011
  49. Military court acquits 12 protesters, adjourns Maikel Nabil's case; prosecution renews Abdel-Fattah's detention . The Daily News Egypt, November 13, 2011
  50. Maikel Nabil retrial postponed to 4 December . Ahram-Online, November 27, 2011
  51. blogger Maikel Nabil case adjourned, again . Ahram-Online, December 4, 2011
  52. Maikel Nabil retrial postponed for 8th time . Egypt Independent, December 7, 2011
  53. Military court adjourns case of detained blogger to Dec. 14 . Daily News Egypt, December 7, 2011
  54. Egypt urged to release blogger sentenced by military court . Amnesty International, press release, December 14, 2011
  55. ^ Criticism of the armed forces. Two years in prison for an Egyptian blogger . In: Süddeutsche Zeitung , December 14, 2011
  56. Prominent blogger sentenced to two years as Egyptians vote . Washington Post , December 14, 2011
  57. ^ Egyptian blogger gets two years in prison . Aljazeera, December 14, 2011
  58. Egypt blogger Maikel Nabil handed two-year sentence by military court . ( Memento of the original from December 18, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Bikyamasr, December 14, 2011 @1@ 2Template: Webachiv / IABot / bikyamasr.com
  59. sueddeutsche.de
  60. Egyptian Military Justice Pardons Critical Blogger . Zeit Online , January 22, 2012
  61. Freed activist Maikel Nabil says will not stay silent . The Daily News Egypt, Jan. 29, 2012
  62. Maikel Nabil's first statement after his release . YouTube
  63. Blogger Maikel Nabil Sanad released after 302 days . Reporters Without Borders, Jan. 25, 2012