Murder of Marwa El-Sherbini

Marwa El-Sherbini was born in 1977 in Alexandria, Egypt, to the chemists Ali El-Sherbini[4] and Laila Shams.[5] In 1995, she graduated from El Nasr Girls' College, where she had acted as a student speaker.[5] El-Sherbini went on to study pharmacy at Alexandria University, obtaining a bachelor's degree in pharmaceutical sciences in 2000. From 1992 to 1999, she was a member of the Egypt national handball team.[5] 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] El-Sherbini worked at the University Hospital Carl Gustav Carus in Dresden and at a local pharmacy as a part of an accreditation programme to practice pharmacy in Germany.[5]

Together with others, El-Sherbini founded a registered voluntary association 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, expecting her second child.[5]

Alex Wiens (Russian: Алекс Винс, also known as Alexander Wiens) was born in 1980 in Perm, Russia under the name Alexander Igorevich Neltsin. After leaving school, he completed a vocational training programme as a warehouseman.[7] In 1999, after a medical examination for conscription, Wiens was exempted from compulsory military service in the Russian armed forces; it was stated that Wiens probably had suffered from a severe and chronic psychosis.[8] In 2003, he immigrated to Germany and gained German citizenship as a result of his ethnic origin. In Germany, he worked as a builder and caretaker, but had been living on welfare benefits for the long-term unemployed at the time of the murder.[7] In November 2009, at the time of sentencing, Wiens was 28 years old,[9] unmarried and without children.[10]

On 21 August 2008, Wiens and El-Sherbini met at a public playground in Dresden's Johannstadt district, where Wiens's niece and El-Sherbini's son were playing. During a quarrel over whose child should be using the playground's swing, Wiens began shouting verbal abuse at El-Sherbini.[7] El-Sherbini who was wearing an Islamic headscarf, was called "Islamist", "terrorist" and (according to one report) "slut".[note 3] Other people present tried to intervene, but Wiens vehemently continued the verbal abuse for several minutes, directing epithets in Russian and German at the Russian-speaking bystanders who attempted to reason with him. El-Sherbini called the police on a bystander's mobile phone and within a few minutes four police officers arrived in two vehicles at the scene. El-Sherbini and Wiens were questioned; El-Sherbini was subsequently driven away in one of the police vehicles.[11]

Wiens was charged with criminal defamation and given a penalty order to pay a fine of €330.[note 4] After formally objecting and refusing to pay the fine, Wiens was tried at the district court of Dresden. He was found guilty by the court and fined €780 in November 2008.[7] However, 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.[10] The public prosecutor appealed the verdict, aiming at a custodial sentence,[7] due to the openly xenophobic character of the incident.[10][12] Wiens also appealed the verdict and was subsequently granted a court-appointed defence counsel. His counsel intended to withdraw the appeal before the scheduled hearing at the regional court, but Wiens objected to this.[7]

The Landgericht Dresden, the regional court where the fatal attack occurred

At the appeal hearing at the regional court in Dresden, in the morning 1 July 2009, nine people were present in the courtroom: three 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.[13] No security personnel were present and no security searches of individuals and their possessions were carried out; this was a common procedure for cases without anticipated security concerns or detained persons present.[14]

During the trial, the defendant Wiens appeared reserved but was noted for extreme statements. He said that Muslims were monsters to him and asked the court why they were not deported after the 9/11 attacks. He stated that German people should not mingle with foreigners and declared that he would vote for the far right National Democratic Party of Germany. The judge then requested a verbatim record, while the defence counsel tried to mediate. Wiens continued in this fashion, prompting the judge to ask whether he had ever visited a concentration camp.[7]

Following Wiens's defence statement, El-Sherbini testified to the court. After El-Sherbini had finished her testimony, the judge asked whether there were any further questions. Wiens replied and asked why above all El-Sherbini was in Germany. The question was rejected by the judge; Wiens responded with a further question to which the defence counsel motioned for recess.[7] El-Sherbini was not intending to wait until the end of the hearing and tried to leave. When she, her husband, and their three-year-old son were at the door, Wiens suddenly attacked El-Sherbini with a kitchen knife with an 18 cm (7.1 in) long blade, which he apparently had taken into the courtroom in a backpack.[7] El-Sherbini received more than 15 stab wounds to the upper body and arm;[15] the attack was carried out in such a forceful and sudden manner that it resulted in a notable absence of defence wounds.[16] 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.[15] Wiens's defence counsel tried to help El-Sherbini by obstructing Wiens with chairs and a table. The victim's three-year-old son was injured while being ushered to safety.[7]

At 10:23, the judge raised a security alarm.[7] Judicial officers, and a federal police officer who was in the court building testifying in an unrelated case, arrived at the scene; however, during the ongoing commotion the police officer mistook Okaz for the attacker and shot him in the upper leg.[17] Wiens collapsed and was apprehended after one of the judges pointed out that not Okaz but Wiens was the assailant. While under arrest, Wiens resisted and begged the police officer to shoot him dead.[17][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] El-Sherbini died in the court building at 11:07,[7] succumbing to her injuries.[14][21]

Wiens was held on remand on the suspicion of murder of El-Sherbini[10] and attempted murder of Okaz.[22] He was formally charged with murder, attempted murder and grievous bodily harm by the public prosecutor's office on 25 August 2009.[23][24] In the indictment, prosecutors stated treacherousness and malice (based on hatred against non-Europeans and Muslims) as a motive.[23] An application for a change of venue by Wiens's defence lawyer was refused by the upper regional court.[25] Following a psychiatric assessment, full criminal responsibility was assumed;[26] however, as the defendant had been diagnosed by Russian doctors to suffer from severe and chronic psychotic conditions, prosecutors requested relevant information from the Russian authorities prior to the trial.[8] The requested documents arrived shortly before the end of the murder trial, without affecting its outcome.[27]

The trial at the upper regional court in Dresden began on 26 October 2009.[28][29][30] It took place under strict security precautions due to alleged death threats to Wiens.[31][32] All concurrent trials were transferred to other local venues, due to the security concerns, the great interest by the national and international media,[33] and the public.[34] El-Sherbini's widower, brother and parents acted in the role of 'co-claimant'[note 5] and were represented by eight lawyers.[20][26][35] On the first day of the trial, the entire prosecution counsel constituted of eight lawyers from Germany, France and Egypt was present in court;[note 6][36] the defendant arrived in court shrouded behind a mask, sunglasses, hat and a hood.[37] The judge asked the defendant to remove his head attire and to confirm his name and date of birth. The defendant complied, except for removing his sunglasses, for which he was fined for contempt of court.[36] The defence counsel motioned for the judges to be removed from the trial on the grounds of 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.[38]

Okaz testified on the first day of the trial.[36] Further witnesses during the first week of the trial included an appointed medical examiner on the causes of the victim's death,[16][39] the judge who had presided over the trial at the regional court on 1 July 2009,[40][41][42][43][44] another judge (Schöffe) who had co-presided over the aforementioned trial, a social worker on the defendant's previous behaviour,[45] the court-appointed counsel who had previously represented the defendant,[46][47] a court security officer,[48] and the judge of the defamation trial at the district court.[49] Witnesses in the second week of the trial included people present in the original confrontation on the playground[50][51] and the police officers responding to the attack on 21 August 2008.[17][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.[17]

At the beginning of the third day of the trial, Wiens incurred a self-inflicted injury by banging his head against a table.[47][52] He was diagnosed with haematomas and a suspected traumatic brain injury, but was judged fit to stand trial after a hospital-based medical examination. While continuing with noncompliant and destructive behaviour, Wiens was temporarily restrained by nine security officers in court.[52]

The closing arguments were heard on 9 and 10 November 2009. The prosecution and the co-plaintiffs argued for a conviction for murder and attempted murder, with the legal specification "heinous crime".[note 7] The defence argued for a conviction for manslaughter and attempted manslaughter, by reasoning that the killing was in the heat of the moment and that the defendant may have a paranoid personality disorder.[53] 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 also found that Wiens's deeds constituted a heinous crime,[note 7] because they were committed in front of a child, against two people, in a court of law, and fulfilled the murder criterion of treacherousness, such as hatred against foreigners.[2] It meant that Wiens received the maximum sentence for this crime.[54] Wiens appealed the conviction; however, the appeal was rejected by the Federal Court of Justice.[55] In a decision published on 18 June 2010, the fifth criminal division of the court of justice in Leipzig stated that the appeal on points of law was unfounded and confirmed the verdict and sentence of the regional court as final matter of criminal law.[56]

The shooting of El-Sherbini's husband Okaz by the federal police officer, who mistook him for the attacker, was cited by El-Sherbini's brother as indicative of racism in Germany.[21][58][59] Following a complaint, a criminal investigation was launched against the police officer who shot Okaz. In October 2009, a criminal investigation for involuntary manslaughter and denial of assistance was launched against the judge who presided over the July trial, and against the president of the regional court.[60] On 29 December 2009, the public prosecutor's office in Dresden announced that all investigations had been closed on 21 December 2009 without indictment,[61] 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".[62] 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".[62] The prosecutors' conclusion was that shooting of Okaz was a tragic mistake.[63] 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. [64]

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,[85] and the Egyptian Pharmacists' Association called for a boycott of German drugs.[59] At El-Sherbini's funeral in Alexandria, mourners referred to her as "a 'martyr' of the head scarf"[74] and accused Germany of "racism" and "Islamophobia."[86] Mourners carried banners criticising both German and Egyptian authorities' reactions to the crime.[87] Egyptian police temporarily cordoned off the German embassy in Cairo to protect it from angry protesters.[21] In response to the anti-German sentiments and public protests in Egypt and elsewhere, the German government eventually issued a statement of condolence.[3] Some Egyptian commentators took a reconciling approach. 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."[88]

Iranian President Mahmoud Ahmadinejad blamed the German government for El-Sherbini's murder and called for international condemnation of Germany.[89] 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".[90] Iran also issued a postage stamp featuring El-Sherbini, which Press TV reported was banned in Egypt. Al-Wafd an Egyptian newspaper accused Iran of exploiting the killing of El-Sherbini to turn Muslims and Arabs against Europe and the US.[91]

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 involuntarily committed to a forensic psychiatry institution.[92] Media scientist Hanan Badr commented on reporting in Germany and Egypt as being "a prime example of mass-media miscommunication between cultures".[93]