Maikel Nabil Sanad

Maikel Nabil Sanad ( Egyptian Arabic: مايكل نبيل سند [ mɑjkel næbi ː l sænæd ]; born October 1, 1985 in Asyut ) is an Egyptian blogger, was sentenced to three years' imprisonment on 11 April 2011 for criticizing the military leadership of Egypt, later was pardoned and released on 24 January 2012.

A military court in Cairo had the Ersturteil imposed. His lawyers and family members were not allowed to be present at the sentencing.

Life

Sanad began a critical look at the role of the Egyptian army apart and published articles about it in his blog and on Facebook. Among them: ". The army and the people was not ever one hand" ( " army and the people never went hand in hand " ), an article in which he addressed the role of the military during and after the revolution. "The army never stood on the side of the people," it states. "We are the dictator [ Although ] got rid of, but not the dictatorship."

Sanad lists the human rights violations the army during and after the revolution in his article. Among other things, numerous torture and detention of protesters who were sentenced by military courts in summary proceedings for up to five years in prison. So He gained information about the arrests of 9 March, over 190 supporters of the democracy movement in Tahrir Square, the 2011 protest against the constitutional referendum in Egypt, were arrested and some were tortured.

The process

Maikel Nabil was arrested on the night of March 28 to March 29 at his home in Cairo by military police. Main reason for his arrest were articles in which he took a critical look at the role of the Egyptian army, which he had published in his blog and on Facebook. The charge of the military court was " insulting the military ", "spreading false information " and "undermining public safety ."

The human rights organization Human Rights Watch urged to drop the charges against the blogger. Maikel Nabil Sanad has made use only of his freedom of expression and the closing of course to criticize the role of the military. The process had wanted to be a "dangerous precedent " at a time when Egypt the abuses of the Mubarak era just behind it.

Condemnation

By a trick then attended the military court that the judgment in the absence of family, friends and advocates of Maikel Nabil Sanad was issued. On 10 April 2011, the judge declared, first, the verdict would have been postponed to April 12. After lawyers, family members and friends had then left the courthouse, but the verdict was announced, sentenced Maikel Nabil Sanad to three years of 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 condemnation Maikel Nabil to three years [ military ] prison is probably the worst blow to the freedom of expression in Egypt since the Mubarak regime has condemned in 2007 the first blogger to 4 years, ") said Joe Stork, deputy Middle East director for the human rights organization human Rights Watch.

Maikel Nabil Sanad is "only" one of about 12,000 civilians have been tried before a military tribunal since the overthrow of former president Hosni Mubarak from ( Supreme Council of the Armed Forces ). On September 7, 2011, the Hisham Mubarak Law Center ( HMLC ) published together with the " No to Military Trials for Civilians " campaign ( " No civilians before military courts! " ) Issued a report entitled " Diaries Under Military Rule" ( "Diary under the military rule " ) in which it was found that in the - so far - relatively short rule of SCAF in Egypt far more civilians were tried and convicted by military courts, than in the entire 30 years of Mubarak's rule.

The Supreme Military Council have had put in his now 7 months ongoing domination around 12,000 civilians before military courts. Throughout the - 30 years - Mubarak's reign, however, had been sentenced "only" 2,000 civilians by military courts. This incredibly high number had been recently also called the head of the Egyptian Military Justice.

On September 5, 2011 General Adel al - Morsy had in a press conference this numbers - in advance - confirmed. Adel al - Morsy said that took place from 28 January to 29 August 2011 a total of 3,863 cases against civilians before military courts. It has been applied for a total of 11,879 civilians indictment. 795 defendants were acquitted, 6,235 persons have been imposed prison sentences and probation for another 1,836. Against another 1,225 civilians also prison sentences were imposed. These judgments would have been but not yet confirmed. 281 civilians were in ongoing proceedings. Activists ( In his enumeration of the general, however, 1,507 people were "lost" ) as Mona Seif of the campaign " No to Military Trials for Civilians " ( " No civilians before military courts !") Take any case to that the actual number is much higher. It is estimated up to 20,000.

Hunger strike

23 August 2011 Maikel Nabil went on hunger strike to protest his detention and his treatment in prison. After he had adjusted the drinking and the use of medication on August 30, three days later he fell into a coma and was transferred to a military hospital. Then Sanad was again transported to the hospital of El- Marg Prison in Cairo ( in the province of Al- Qalyubiyya ) and he was fed glucose. However, he refused to continue taking medication that he must take for his heart disease. He also announced his intention to go on hunger strike again to continue the protest against his wrongful imprisonment.

Reporters Without Borders made ​​for the critical condition of Sanad the Supreme Council of Egyptian armed forces responsible: "Even if the hunger strike is a personal blogger decision, the authorities are still responsible for the cause of his protest: for the illegal and anti-democratic political imprisonment " Reporters Without Borders Secretary-General Jean -François Julliard. According to his own admission, the Egyptian transitional government strive for the establishment of a democratic society. It is contrary to democratic standards when civilians were tried before a military court. In addition, it should be possible to criticize the army as any other institution of the state.

Appeal

The judgment put Maikel Nabil end of June an appeal. At a hearing ( on appeal before the competent military court in Cairo ) on October 4, however, there was not even. The judge postponed the deadline by a week, on Tuesday, October 11, on the grounds it did not lie all the necessary papers before. The original files were stored in the same house, however, and would have been easy to call in. Sanad 's lawyer accused the presiding judge before deliberate procedural delays. " The postponement is tantamount to a death sentence against Maikel because he has vowed to drink from now no more water, it should not come free ," his father Ibrahim Nabil Sanad told Amnesty International.

Set aside the judgment of 10 April 2011 - New procedure

On October 11, 2011, a military appeals court overturned the 10 April 2011 imposed Maikel Nabil sentence and ordered to hear the entire case in a new process again from scratch. The new case against Sanad, which will open on October 18, 2011, but again take place before a military court.

Hearing of 18 October - instruction in the psychiatry

Maikel Nabil refused at the court hearing on October 18, 2011 - the turn before a military court was held - to participate. Even his lawyers and members of his family were not present because he had asked them to boycott all cooperation with the Military Court, since this method "the military 's soap opera " was (a " soap opera of the military "). Response, the military court appointed a public defender for him, then the inexperience or because he wanted legwork the court demanded that one should ask about Maikel Nabil to a mental hospital for a psychological examination. The C 28 military court followed this request only too happy and decided Maikel Nabil to study in the mental hospital in Abbasseya ( Abbasseya Mental Hospital, Cairo ) to be instructed to let determine if Sanad is criminally liable.

In other words: The military court did not want to deal with Sanad arguments, but let him explain incompetent. The time commenting on the actions of the military: " Maikel Nabil Sanad 's not crazy, but he represents in a particularly concentrated way values ​​are, of course, in the West, but not in Egypt. He is not only fighting for the freedom of expression, but also for women's rights and for peace with Israel. Obviously, the military court believes that such settings so crazy that you can now instruct Sanad to a psychiatric ward. "

The hearing was then adjourned until 1 November 2011.

Prevention of the introduction to the psychiatry

The courageous actions of the renowned psychiatrist Dr. 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 Diseases at the Ministry of Health of Egypt), it is thanks to them that Maikel Nabil Sanad admission to the psychiatric clinic in Abbasseya not as was thought as the military ( court ). She vehemently denied the permanent introduction Sanad and announced on October 24, 2011 issued a press statement in which it, inter alia, said:

" ... The media department of the General Mental Health Secretariat condemns all Attempts to abuse mental hospitals for purposes other than the ones theywere designed for and reminds did 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 Diseases condemns all attempts psychiatric hospitals for the purpose to abuse for which they were not created and recalled that it was common practice in the previous [ Mubarak ] regime, completely mentally healthy people to to accuse mentally confused to then indict for crimes of conscience, despite scientific studies which their [ spiritual ] had found health .... that can be tolerated in this day and age no longer .... " )

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 introduction of political activists and [ people ] [ have committed] offense of conscience in psychiatric hospitals to examine their state of mind is a dangerous and unacceptable process and invokes dark periods of human history, back in our memory, were detained as an enemy of the political and social system in psychiatric hospitals, with the aim of they islolieren by society to stigmatize them, to express their views and opinions of ridicule, even if their mental health can justify .... " )

Instead they praise for their courageous stance and to encourage them in their approach, tried the ( at that time still in office ) Minister of Health Amr Helmi, intimidating them with disciplinary action. Only after the supervisor of Dr. Basma Abdel Aziz and the other employees of the Psychiatric Clinic in Abbasseya showed solidarity with her and demonstrated Helmi dropped the charges. ( Amr Helmi has now - replaced after the resignation of the Cabinet Essam Sharaf in the new cabinet Kamal Ganzuri by Fouad Nawawy ).

After the Psychiatric Hospital had certified in Maikel Nabil Abbasseya in a report full mental capacity, he was brought back to the military prison.

Re adjournments ( abduction ) of the process

On 1 November 2011, the hearing was postponed again - on November 13, 2011 The application for adjournment was made by a particular court- appointed lawyer because Maikel Nabil had again refused to participate in the hearing because he still a military tribunal empowered. denied him to direct a civilian.

On November 13, the trial was postponed again - was on November 27, 2011 The grounds of the military court to have to listen to witnesses..

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

On December 4, further postponement - this time on 7 December 2011.

On 7 December 2011, the appeal hearing of Maikel Nabil was again postponed - on 14 December 2011.

Judgment on appeal

Despite international protests, Maikel Nabil was (again ) sentenced on 14 December 2011 at the appeal proceedings before a military court for " defaming the Egyptian armed forces " now finally to two years imprisonment. The verdict can not be challenged. In addition to the prison sentence, the court sentenced him to a fine of 200 Egyptian pounds (around 25 euro ). Next he should (about 38 euros ) paid 300 Egyptian pounds in fees for the public defender - a public defender to the military court had determined for him against his will. According to human rights groups now more than 12,000 civilians have been tried before military courts and prosecuted.

Pardon and dismissal

On 21 January 2012, the French news agency AFP reported on the occasion of the first anniversary of the revolution planned pardon of 1950 prisoners, including by Maikel Nabil Sanad. On January 24, 2012 Maikel Nabil was released from the military prison. Sanad complained that he had been released on the basis of a pardon, saying that he had not committed a crime but merely exercised his right to free speech. Reporters Without Borders (RSF ) said that Egypt has signed the International Covenant on Civil and Political Rights, and that Article 19 ( 2) of this Agreement is: " Everyone has the right to freedom of expression, this right includes the freedom to regardless of frontiers, information and ideas of all kinds verbal, in writing or in print, through art or other media of his choice to seek, receive and impart. " The ROG therefore called: " The Egyptian judicial system must revise the pardon and declare Sanad innocent ".

Had Maikel Nabil Sanad arrested already no basis, according to the indictment and conviction of a civilian by a military court was completely illegal. Maikel Nabil Sanad to pardon now, generous look up to him an act which was a criminal offense only in the opinion of the Military Council, shows that it continues to move in medieval imaginary worlds. Emperor, king, prince - Enthroned by former conception of God - were " in their infinite kindness" show mercy - if they did because occasionally thereafter. In a democracy, in a state of law, is for such a past fixed mindset no place (more).