newsflash

 

Development of the case of The Maspero massacre on the 9th of October

CONTENT


I - BRIEFING


II - DIVISION OF THE CASE INTO 2 CASES


III - FORENSIC REPORT OF THE MARTYRS OF MASPERO


IV - CONCLUSION

For full documentation of the Massacre (videos and reports), please refer to our previous report: http://www.mediafire.com/?ucktc8ygk27u8cf (page 23: The massacre in Maspiro protest on the 9th of October.)

http://sectarianviolenceegypt2011.blogspot.com/2012/05/massacre-in-maspiro-protest-on-9th-of.html

I - BRIEFING


  • On 9 October, the violent suppression of protests around Maspero, Cairo, left 28 dead (27 from the demonstrators, and 1 soldier dead), and more than 300 injured. On 13 October General Adel al-Morsi, Director of the Military Judiciary, announced that an investigation would be conducted by the military and not the Public Prosecution. The General further requested that all evidence be submitted to the Military Prosecution.112 To date, no information about the investigation has been made publicly available and no members of the security forces are known to have been held to account.113 Instead, the SCAF have cracked down on criticism of their handling of the protest, detaining blogger and activist Alaa Abd El Fattah. At least 30 other civilians are believed to have been detained as part of the military investigation.

    (from: Amnesty international report: Broken promises

    EGYPT’S MILITARY RULERS Erode HUMAN RIGHTS http://www.amnesty.org/en/library/asset/MDE12/053/2011/en/47be269e-b67a-42f4-835b-787f91044e04/mde120532011en.pdf )

    See also:

    Report on Sectarian violence in Egypt 2011

    http://sectarianviolenceegypt2011.blogspot.com/

     

    The massacre in Maspiro protest on the 9th of October.

     

     

    http://sectarianviolenceegypt2011.blogspot.com/2012/05/massacre-in-maspiro-protest-on-9th-of.htmlhttp://sectarianviolenceegypt2011.blogspot.com/2012/05/massacre-in-maspiro-protest-on-9th-of.html 

  • Posted 7th July by

     

     

     

     

     

    II - DIVISION OF THE CASE INTO 2 CASES

     

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    II - DIVISION OF THE CASE INTO 2 CASES
  • The case has been divided into 2 cases as follows:
  • First:Case before the military court  
  • Been under the case (No. 5441/2011 cover of eastern military court) as a misdemeanour under Article 238 (paragraph 3) of the Penal Code which punishes the manslaughter (unintentional, accidental killing), a crime punishable by imprisonment not exceeding for a period of seven years.

    the list of defendants is limited on each of the: soldier / Mahmoud Sayed Abdel-Hamid Sulaiman (21 years - the power of K-1 military police), and a soldier / Karam Hamid Mohammed Hamid (21 years - the power of K-1 military police), and a soldier / Mahmoud Jamal Taha Mahmoud (22 years of the power of Q 5 military police) and all affiliated to the central Military Zone.

    The military court charged the three soldiers of "Causing, by their mistake the death of fourteen people from the crowd in front of the Radio and Television Union building".

    This resulted from their lack of precaution and negligence, being the drivers of the military and armoured vehicles belonging to the armed forces, and this by driving them in a chaotic way that is not proportional to the state of the road which was fully crowded, which lead to hitting the victims. 

    Despite what is stated in the report of the Fact-Finding Committee of the National Council for Human Rights:

    (NCHR report: http://www.nchregypt.org/ar/index.php?option=com_content&view=article&id=500:2011-11-02-19-51-28&catid=43:2010-03-09-13-00-53&Itemid=55 ).

    English translation: http://www.arabwestreport.info/sites/default/files/y11w44art50_1.pdf  

    Violation of the right to life and murder by crushing

    It is proven that the military forces stationed on the scene used armored

    vehicles to disperse the demonstrators, and these armored vehicles

    crossed the Kūrnīsh al-Nīl street, back and forth very quickly, amid large

    numbers of demonstrators, killing 12 of the citizens at least under the

    tires. This is considered a serious violation of the right to life, and a breach

    of the officials' obligations of the law enforcement in protecting the

    demonstrators; which put them in the level of deliberate murders.


    Three Soldiers to Be Tried for 'Manslaughter' in The Maspero Military Attacks

    http://eipr.org/en/pressrelease/2011/12/26/1337

    Monday 26 December 2011

    Military judges rule out live fire in the case of Mina Daniel and the rest of the Maspero martyrs, accepting that they were run over...

    The trial pre-empts the results of the civilian investigative judge's report, aiming to protect soldiers from accountability...


    Tomorrow, Tuesday 27th December, the Supreme Military Tribunal will begin court proceedings for three soldiers charged with the 'manslaughter' of 14 of the martyrs of the Maspero massacre, which took place in front of the radio and television building on the 9th October. The Egyptian Initiative for Personal Rights (EIPR) said that the trial lacks the most basic guarantees of fair trial and justice. It is the latest iteration of the position of the Supreme Council for the Armed Forces (SCAF), which denied and continues to deny any responsibility for this horrific crime which led to 28 deaths, most of them Coptic demonstrators.

    The EIPR also accused SCAF of continuing to try and protect members of the military police from criminal responsibility, by presenting three soldiers to the military court even before the investigative judge assigned by the public prosecutor had finished his investigations of the same incident. The EIPR once again emphasised the necessity of immediately amending the provisions of the Military Justice Code to end the immunity which soldiers currently enjoy, protecting them from accountability before the civil judiciary regarding crimes against civilians.

    According to the charge sheet which the EIPR obtained, the case (no. 5441 of 2011, Military Felonies-East district) is considered a misdemeanour under Article 238 (paragraph 3) of the Penal Code, which punishes manslaughter with imprisonment not exceeding seven years. The list of defendants was limited to: Private Mahmoud Hamed Abd el-Halim Suleiman (21 years old, military police unit K1), Private Karam Hamed Mohammed Hamed (21 years old, military police unit K1), and Private Mahmoud Gamal Taha Mahmoud (22 years old, military police unit Q5), all affiliated to the central military district.

    The military prosecutor's charges against the three soldiers stated that 'their error led to the death of fourteen people amongst the crowd in front of the Radio and Television Union building. This was caused by their neglect and lack of precaution; whilst driving trucks and armoured vehicles belonging to the armed forces, they drove randomly and haphazardly. This was unsuitable for the condition of the road, which was crowded with people, and this led to the collision with the victims.'

    Hossam Bahgat, director of the EIPR, said: 'Almost three months since the Maspero massacre, the military council has decided to choose 14 of the martyrs of the massacre, who lost their lives under the wheels of Egyptian army military vehicles before our eyes and on our television screens, and consider them victims of the negligence of armoured vehicle drivers as though they were caught in a normal traffic accident. How can we consider the killing of 14 citizens manslaughter? And what of Mina Daniel and the rest of the massacre's martyrs who were killed by live fire? And why did the military judiciary choose to rush through this trial without waiting for the report of the investigative judge on the massacre? How can we trust the military judge when we see him expending all this effort in protecting soldiers and leaders from real accountability?'

    The EIPR added that the trial, which begins its sittings tomorrow, appears to have a clear political purpose: lending support to the military council's narrative of the massacre, which it presented at its press conference on the 12th October. SCAF denied that the soldiers securing the television building were armed, but that rather it was the demonstrators who attacked military police forces. The armoured vehicle drivers were confused, and ran people down – at least those who were not hit by demonstrators' bullets.

    Ahmed Hossam, a lawyer with the EIPR, said: 'Justice will not be achieved for the martyrs of Maspero or any other crimes committed by soldiers against Egyptians as long as the Military Justice Code hinders the ability of the public prosecutor to investigate soldiers in cases referred to it. How can we imagine that the civilian investigative judge undertakes full, fair, and open investigations when he cannot even attend hearings of the officers and soldiers of the military police accused of committing the very massacre which he was originally assigned to investigate?' 
     

    Military Court adjourns trial of 3 soldiers in Maspero case to Jan. 8  

    December 27, 2011  

    http://thedailynewsegypt.com/2011/12/27/military-court-adjourns-trial-of-3-soldiers-in-maspero-case-to-jan-8/  

    CAIRO: The Supreme Military Court adjourned Tuesday the trial of three military soldiers accused of killing 14 protesters in the Maspero violence to Jan. 8.


    The soldiers are accused of killing the protesters by running them over using Armored Personnel Carriers (APCs) as they dispersed a mostly-Coptic protest last October, the Egyptian Initiative for Personal Rights (EIPR) said in a statement.  

    “Military judiciary ignored 14 martyrs shot by live ammunition including martyr Mina Daniel and charged the three soldiers with manslaughter, which lacks the minimum level of guarantees for seriousness and justice in a fair trial,” EIPR said.  

    “It is a continuation of the trend of the ruling military council of denying any responsibility for the crime,” EIPR added.  

    EIPR accused the ruling Supreme Council of the Armed Forces (SCAF) of protecting military police officers from criminal responsibility and referring the three soldiers to the military court even before the general prosecution finishes its investigation in the same case.  

    EIPR called on changing articles in the Military Judiciary Law to lift the protection of military officers who commit crimes against civilians and allow the general prosecution to question them.  

    The ruling military council denied in a press conference following the clashes that army forces used live ammunition against Maspero protesters, or that personnel intentionally used armored vehicles to run over civilians.  

    General Adel Emara said, “Soldiers driving armored vehicles were trying to avoid civilians who were throwing stones and Molotov cocktails at them.”  

    He also said they can neither confirm nor deny whether the army vehicles that crushed protesters were in fact driven by army personnel or civilians who got hold of the APCs. These issues were still under investigation, he said.  

    The general said that some of the protesters at Maspero used Molotov cocktails, gas canisters, swords and knives to attack the army.  

    Running over protesters cannot be described as “systematic,” he said, neither can it be attributed as an act by Egypt’s military.  

    Civilian detainees

    Civilian detainees who were released pending investigation by an investigations judge over their alleged involvement in Maspero violence recounted their ordeal inside prison in a press conference Tuesday.  

    “I was randomly arrested one day after the clashes took place near Ramsis Railway Station as I was going back to Tanta where I live. I was asked about my name and once they saw that I have a Coptic name, they arrested me,” Abanoub Samir, one of the released detainees, who alleged he never participated in the Oct.9 march, said during the press conference.
     

    “We were beaten and tortured and detained in very humiliating conditions until we were referred to an investigations judge who released us,” Samir added.  

    Maikel Fayez said that he was also arrested by citizens after the events in front of Maspero.

    “I was driving by Maspero on my motorcycle on my way to work in Zamalek when I saw huge crowds. As soon as I approached to ask what’s going on, the mob asked me about my name,” Fayez said, adding that once they discovered he has a Coptic name, they beat him and handed him over to military police. 
     

    “I was then taken with others inside the Maspero building where I was beaten from 7 am until 3 pm. I was then taken to C28,” Fayez added.  

    The detainees, including prominent activist Alaa Abdel Fattah, were all referred to military prosecution, where Abdel Fattah refused to cooperate. 

    They were eventually referred to state security prosecution and finally to an investigations judge appointed by the general prosecution. 

    Priest Filopatuer, one of the priests organizing the march, stressed that targeting Copts through citizen arrests goes against the Egyptians’ tolerant nature.  

    “I would like to say that this was exceptional due to the negative campaigning done by the state-run television to cause a rift between Muslims and Copts,” he said, adding that this plan did not succeed thanks to the awareness and civilized nature of the Egyptian people.  

    Following a meeting with Pope Shenouda III in October, Egypt’s former information minister Osama Heikel said he promised not to repeat the “professional mistakes” that occurred in state TV’s coverage of the Masepro clashes.  

    Heikal, who initially defended the coverage, said the mistakes were the result of a “40-year heritage of corruption.”  

    “I won’t allow Egyptian TV to discriminate against citizens,” he added.  

    Mary Daniel, sister of martyr Mina Daniel who was shot dead during the clashes, said that SCAF aims to cause a rift between Egyptians.  

    “The armed forces did not discriminate between Muslims and Copts when we were beaten in front of the Cabinet building. SCAF lost its credibility,” she said.  

    Dr Mohamed El-Eiraky, former member of the National Justice Committee in Essam Sharaf’s Cabinet, said that October 9, when the clashes took place, was a turning point in the revolution.  

    “SCAF turned from an unbiased institution in the political scene to a main player in the political arena, and we have to search for a way to bring SCAF back to the original, unbiased role it used to play,” El-Eiraky said.  

    Prominent activist Abdel Fattah, who was met with thundering applause from the attendees, said that SCAF depended on intimidating the revolutionaries by attacking minorities like women and Copts. 
     

    “SCAF used the sectarian sentiment some people have against Copts and discrimination against women to target them, thinking that the revolution will die. SCAF does not understand us,” Abdel Fattah said.  

    He explained that targeting women in the crackdown on the Cabinet sit-in did not quell the revolution, but rather gave it a boost.  

    “In 2005, the sexual harassment of female journalists during the Kefaya movement protests made the movement gain more momentum,” he said, adding that the Maspero clashes were the reason behind ending military trials for civilians.  

    “I’m confident that by referring the case from military prosecution to an investigations judge, the case will be the last case of civilians tried in military courts,” he said.  

    “Our struggle will continue, and our role is not to get ourselves out of prison, but to refer the real criminals to courts,” he concluded.  

    Military court adjourns trial of three soldiers in Maspero case to Jan. 29

    January 8, 2012

     

    http://dailynewsegypt.com/2012/01/08/military-court-adjourns-trial-of-three-soldiers-in-maspero-case-to-jan-29/

    CAIRO: The Military Criminal Court adjourned Sunday the trial of three soldiers accused of killing 14 protesters during the Maspero events to Jan. 29.

    The soldiers are charged with crushing protesters with their armored personnel carriers (APCs) as they dispersed a mostly-Coptic protest last October, the Egyptian Initiative for Personal Rights (EIPR) said in a statement earlier.

    “The military judiciary ignored the cases of 14 martyrs shot by live ammunition including martyr Mina Daniel and instead charged the three soldiers with manslaughter, which lacks the minimum level of guarantees for seriousness and justice in a fair trial,” EIPR said.

    “It is a continuation of the trend of the ruling military council of denying any responsibility for the crime,” EIPR added.

    EIPR accused the ruling Supreme Council of the Armed Forces (SCAF) of protecting military police officers from criminal responsibility and referring the three soldiers to the military court even before the general prosecution completes its investigation in the same case.

    EIPR called on changing articles in the Military Judiciary Law to lift the protection of military officers who commit crimes against civilians and allow the general prosecution to question them instead.

    The ruling military council denied in a press conference following the clashes that army forces used live ammunition against Maspero protesters, or that personnel intentionally used armored vehicles to run over civilians.

    Speaking to the press, General Adel Emara said, “Soldiers driving armored vehicles were trying to avoid civilians who were throwing stones and Molotov cocktails at them.”

    He also said they can neither confirm nor deny whether the army vehicles that crushed protesters were in fact being driven by army personnel or civilians who took control of the APCs. These issues were still under investigation, he said.

    The general said that some of the protesters at Maspero used Molotov cocktails, gas canisters, swords and knives to attack the soldiers.

    Running over protesters cannot be described as “systematic,” he said, neither can it be attributed to Egypt’s military.

    Meanwhile, the military court is expected to resume on Jan. 15 the trial of one soldier accused of conducting forced virginity tests on seven female protesters inside military prison last March.
    Samira Ibrahim, the only protester who filed a complaint against the violation, had won early December a court ruling ordering a ban on forced virginity tests on females inside military prisons.

    Ibrahim has also filed another lawsuit before the Administrative Court against referring her to a military court which had handed her a one year suspended sentence in March.

    A military court will hear an appeal on Jan. 10 in the case of protester Amr El-Beheiry who was one of the earliest victims of ad hoc military trials after being slapped with a five-year prison sentence. He was arrested by military police after the violent dispersal of a protest near Cabinet in February.

    Activists have planned a solidarity march in Tahrir Square on Jan. 9 to call for El-Beheiry’s release. 

     

  • Later developments:

    Maspero case lawyers resign to protest military justice

    Sarah Carr

    Wed, 11/04/2012 - 17:23

    http://www.egyptindependent.com/news/maspero-case-lawyers-resign-protest-military-justice


    Al Ahram (Friday May 18th): military court yesterday acquitted three soldiers of the armed forces personnel who had been accused in the events of Maspero (running over demonstrators, 9th of October 2011), the Court confirmed that the three soldiers were in a case of legitimate self-defense  

    the news of the acquittal was published electronically in other newspapers, copying from the Ahram (as "el badeel" electronic newspaper)  

    http://elbadil.com/hot-issues-cases/2012/05/18/46285  

    قالت صحيفة الأهرام الصادرة صباح اليوم الجمعة 18 مايو أن المحكمة العسكرية قضت أمس ببراءة 3 جنود من أفراد القوات المسلحة في قضية مذبحة ماسبيرو.. وأكدت المحكمة في حكمها أن الجنود كانوا في حالة دفاع شرعي عن النفس.  

    Al Ahram newspaper reported on Friday 18th of May, that the military court yesterday acquitted three soldiers of the armed forces personnel who had been accused in the case of Maspero massacre , the Court confirmed in its sentence that the three soldiers were in a case of legitimate self-defense  

    Then they deny the news in al masry al youm "Trial of soldiers accused of killing Maspero protesters adjourned to 31 May"


    Trial of soldiers accused of killing Maspero protesters adjourned to 31 May

    Al-Masry Al-Youm

    Fri, 18/05/2012 - 15:18



    http://www.egyptindependent.com/news/trial-soldiers-accused-killing-maspero-protesters-adjourned-31-may

    A military court adjourned Thursday evening the trial of three soldiers accused of killing protesters in front of the Maspero state television building last October to 31 May. The court will continue hearing defense witnesses at that time.

    Nearly 30 protesters were killed and hundreds were injured on 9 October when military forces violently broke up a Coptic-led demonstration in front of Maspero. At least 14 people were crushed by armored military vehicles, which were seen mowing protesters down in videos spread on the internet.

    The soldiers are charged with manslaughter. Their lawyer, Munir Ramadan, spoke to the press about the testimony of a captain who was responsible for the armored vehicles surrounding the Maspero building.

    Ramadan said the captain stressed in his testimony that a number of protesters threatened the armed forces securing the building, saying, “Just wait until Shubra residents come; they will cut you into pieces.”

    The captain added that the clashes began after a march of thousands arrived to Maspero and some demonstrators lit a jeep belonging to the armed forces on fire. He also alleged that protesters stole a machine gun and four automatic weapons from an armored vehicle.

    In his testimony, the captain claimed that the soldiers in armored vehicles were attacked by a large number of protesters and were trying to escape after one soldier was killed and more were wounded.

    The captain added that demonstrators had lowered the protective shield on the windshield of an armored vehicle, blocking the driver’s vision.

    Military forces accused of killing protesters at Maspero are being tried in military courts while civilian defendants accused of assaulting military personnel have been referred to the state security prosecutor.

     

    LATER DEVELOPMENT:

    The trial has been postponed to the 3rd of July 2012, to hear the defense witnesses (those who are in favor of the 3 soldiers).

    The lawyers asked to change the date of the next trial to an earlier date (legal process), so there might be a session of the trial next Thursday 28/06/2012.

    FINAL VERDICT:

    Three soldiers convicted of manslaughter in Maspero case, says ministry official

    Egypt Independent
    Fri, 14/09/2012 - 14:49

    http://www.egyptindependent.com/news/three-soldiers-convicted-manslaughter-maspero-case-says-ministry-official

    The military court has convicted three soldiers of manslaughter for the killing of protesters in front of the Maspero building in October 2011, according to a Justice Ministry official who was quoted in the privately-owned Tahrir newspaper on Friday.

    Omar Marawan, an assistant to the minister of justice, said a military court convicted Mahmoud Sayed Abdel Hamid Suleiman, 21, Karam Hamed Mohamed Hamed, 21, and Mahmoud Gamal Taha Mahmoud, 22, of unintentionally killing 14 protesters during the Maspero clashes.

    Suleiman and Hamed were sentenced to 2 years in prison while Mahmoud was sentenced to 3 years in prison, Marawan stated.

    According to the report in Tahrir, lawyers representing the martyred protesters are refusing to comment on the ruling until they study its legal merits and decide on what course of action to take.

    On 9 October 2011, 28 people were killed in clashes between the army and protesters after security forces violently dispersed a Coptic-led march outside the state television building.

    Widely circulated video clips showed armored vehicles running over protesters, but army officials said the killings occurred by mistake and accused protesters of assaulting the Armed Forces and "infiltrators" of stealing the vehicles that were seen mowing down demonstrators.

    The trial of the three soldiers began in December.

    Lawyers representing relatives of protesters killed in the clashes withdrawn from one of the trial sessions last April, describing the trial as a "sham whose sole purpose is to clear the army of all blame."
     

    Second: Case before the criminal court

     

    For the rest of the 27 martyrs (other than the 14 who died crushed), and the army Soldier shot.

    The president of the Cairo Appeal Court has dispatched two judges to complete the prosecution investigations into clashes between the army and demonstrators in October, that took place in front of the state television building at Maspero in central Cairo.

    Ten more suspects were added to the case, bringing the total of jailed suspects pending investigation to 28, three of whom are journalists.

    The investigative judge conducted investigations with the Defendants (More than 30 civilians including prominent activist Alaa Abdel-Fattah) in the charges against them: Inciting sectarian strife, murder and attempted murder, carrying a firearm without a license, disturbing public security, attacking security men 
    The case was investigated by the military prosecution and then recently referred to State Security Prosecution before it was sent to an investigations judge.

  • On Thursday the 15th of December 2011, a Cairo court released 27 detainees involved in the Maspero violence case, while Alaa Abdel-Fattah was released on residence on the 25th of December.  

    Judges to investigate Maspero violence

    Ahmed Shalaby

    Mon, 12/12/2011 - 19:54

    http://www.egyptindependent.com/news/judges-investigate-maspero-violence

    The president of the Cairo Appeal Court has dispatched two judges to complete the prosecution investigations into clashes between the army and demonstrators in October.
    The clashes took place in front of the state television building at Maspero in central Cairo. The violence left 27 dead and hundreds injured.
    Ten more suspects were added to the case, bringing the total of jailed suspects pending investigation to 28, three of whom are journalists.

    Later development :

    Two referred to criminal court over Maspero violence

    Al-Masry Al-Youm Tue, 24/04/2012 - 21:59

    http://www.egyptindependent.com/news/two-referred-criminal-court-over-maspero-violence  

    The judges tasked with investigating the Maspero incident referred two people to criminal court on Tuesday on charges of stealing weapons from the armed forces. Investigations of 29 other individuals were closed due to lack of evidence.

    The judges referred Maikel Ady and Maikel Shaker to criminal court for allegedly stealing and hiding a multi-purpose machine gun belonging to the armed forces.
    Clashes broke out after a protest at the Maspero state TV building in Cairo was forcibly dispersed on 9 October. Twenty-eight people, mostly Coptic protesters, died. Some were killed when they were run over by military vehicles. The events prompted outcry from human rights groups and activists.
    The suspects are charged with incitement, stealing weapons from the armed forces and attempting to break into the state television building, as well as damaging public and private property.

    WATANI International NEWSPAPER

    27 April 2012
    Translator: Lydia / copy editor: Samia

    Heikal and Magdy cleared
    Iman Seddiq

    The public prosecution for administrative affairs at the State Radio and Television Union issued a legal memo in which it cleared former Media Minister Usama Heikal and TV announcer Rasha Magdy of allegations of inciting against Copts. At the same time, the investigation conducted by the prosecution found Ibrahim al-Sayyad, head of News Section of Egypt’s State TV and 18 of the crew working at News Section of guilty of incitement.
    The Radio and TV prosecution had been assigned by Egypt’s public prosecution with investigating the case of incitement against Copts on State TV last October during the Maspero incident.
    On 9 October 2011 a peaceful Coptic march to protest injustice against them was harshly attacked by military and security forces in Maspero, leading to the death of 27 Copts, crushed under military armoured trucks or shot to death. Some 300 others were injured. At the time, Rasha Magdy on State TV announced that Egypt’s military was under attack by the Copts, and urged Egyptians to “go down to protect the military, who were being attacked by the Copts”.
      

    Egyptian Panel Drops Maspero Massacre Case for 'Lack of Evidence' 
     

    http://www.aina.org/news/20120427193443.htm  

    (AINA) -- On April 24 the panel of judges appointed by the Egyptian minister of justice to investigate the Maspero massacre of October 9, 2011 (AINA 10-10-2011), which claimed the lives of 27 Christians and injured 329, closed the case. In his explanation of the verdict, judge Sarwat Hammad said the case was closed for "lack of identification of the culprits" who killed the army conscript Mohammad Shata and nine protesters (all Christians) with ammunition, as well as attempting to break into a government building and assaulting military personnel.

    Charges against 28 Christian Copts and prominent Muslim activist Alaa Abdel-Fatah, who were previously detained, were also dropped for lack of evidence, said the judge. According to their defense lawyers, most of the detainees were arrested after October 9, and some were not even at the Maspero protest and were collected from the streets for just being Christians. Three of them were teens under 16 (AINA 11-5-2011).

    The judge referred two Copts, Michael Adel Naguib and Michael Shaker, to the criminal court for allegedly stealing a heavy-duty machine gun from one of the military armored vehicle and "using it to kill Copts" during the Maspero protest. According to Naguib's father, the army and police raided their home in the early hours two days after the massacre and found nothing at home. He said they beat his son and took him away in his underwear (AINA 11-5-2011).

    Commenting on the panel's report, attorney Said Fayez, one of the Maspero defense team, said sarcastically "I am happy that we were able to prove the innocence of the Coptic defendants of killing their Coptic brothers." He said the rights of those killed have been denied by a judiciary that is just filling space. "We said all along that it was just a show and this is the outcome we got, but the families of the victims will never forsake the rights of their children." He vowed to continue with the case until the victims receive justice.

    Ms. Vivian Magdi, fiancee of Michael Mosad, who was crushed under the wheels of a military armored vehicle as she watched, told Christian Middle East News Agency (MCN) that dropping the case against an "unknown" was a "farce." She has stated from the start that the Maspero case has to be taken to an international court "because in Egypt we were unable to get justice for those who were martyred."

    Mary Daniel, sister of Coptic activist Mina Daniel, who was killed at Maspero by a sniper's bullet, said that she expected this outcome for the case. "You can expect anything from whoever kills with such brutality. This case is being handled by the killer [the state] and of course it would be impossible for the killer to condemn himself."

    Mary said the ruling "proved" that armored vehicles which crushed the protesters "killed them by mistake," and that those who were shot were the "Coptic protesters killing each other."

    The second part of the case is the trial by a military court of three conscripts, who were driving the military armored vehicles which crushed 14 Copts under their wheels (AINA 12-28-2011). They are charged with involuntary manslaughter, a misdemeanor which under the Penal Code carries penalties of imprisonment of not more than seven years. Eyewitnesses and video clips showed the armored vehicles chasing protesters over the pavements.

    On April 12 lawyers representing the Maspero victims and prominent human rights organizations quit the military trial, accusing the court of bias.

    By Mary Abdelmassih  

    El shorouk newspaper published in 2 parts the Text of judicial investigations, conducted by Judges Tharwat Hammad, Adel Algawit, Diaa, Hassanein and Ahmed Ismail, in the «events Maspero», which claimed the lives of 29 martyrs and 350 injured, in clashes between demonstrators and troops, in October last year, and concluded their investigation into that the perpetrator is unknown, the charges against 53 people were dropped, while only two referred to trial on charges of theft of a weapon owned by the armed forces. (texts below in arabic)  

    http://shorouknews.com/news/view.aspx?cdate=17052012&id=3aa2bf7c-8cf8-4528-b32d-7bb8dbe190c2

     

    Al-Shurouk Publishes the Details of the Investigations into the Maspero Incidents  

    Al-Shurouk published the details of the investigations in Maspero incidents that took place in October 2011. Copts were protesting against the arson in a church. Muslim activists supported the Copts’ protesters.

    Clashes took place and 29 Christians were killed, including 3Muslim members of the armed forces, while 350 injured in clashes between the protesters and the troops. Coptic Protesters were attacked by a military tank and many of them died under its wheels.

    Investigations were conducted by Judges Tharwat Hammad, Adil a-Ghaweet, Diyaa Hassanain and Ahmad Ismail.

    The investigations ended by announcing an “unidentified” culprit and the case was classified. Only 2 out of the 53 suspects are to be tried and face charges of “stealing armed forces-owned arms.

    The Military Intelligence Services accused Coptic activist Mina Danial of inciting the incidents against the Armed Forces. 
     

    http://shorouknews.com/news/view.aspx?cdate=18052012&id=0f251268-36f4-4e54-b523-004172a85716 
     

    Al-Shurouk Publishes the Details of the Investigations into the Maspero Incidents ii

    Al-Shurouk published the details of the investigations in Maspero incidents that took place in October 2011. Copts were protesting against the arson in a church. Muslim activists supported the Copts’ protesters.

    Clashes took place and 29 Christians were killed, including 3Muslim members of the armed forces, while 350 injured in clashes between the protesters and the troops. Coptic Protesters were attacked by a military tank and many of them died under its wheels.

    Investigations were conducted by Judges Tharwat Hammad, Adil a-Ghaweet, Diyaa Hassanain and Ahmad Ismail.

    The investigations ended by announcing an “unidentified” culprit and the case was classified. Only 2 out of the 53 suspects are to be tried and face charges of “stealing armed forces-owned arms.

    Police officers’ claimed that the demonstration started peaceful until Father Philopatere joined them.

    A Dean in the Military Police said that the demonstrators chanted against SCAF and hurled them with stones and petrol bombs.

    The General Security denied the infiltrating of some unidentified elements amongst the Coptic demonstrators.


    LATER DEVELOPMENT:

    ====================  

    The Prosecution refused to close the investigation for "lack of identification of the culprits, asked to re-open the investigation and adding new suspects (among whom is "Bishoy Tamry" member of the political committee of Maspero Youth Union)

    the charges against them will be the same as before: Inciting sectarian strife, murder and attempted murder, carrying a firearm without a license, disturbing public security, attacking security men


     

    Maspero clashes trial postponed till September

    Trial of infamous bloody event of Maspero postponed to hear eyewitnesses and officer accused of running over unarmed protesters

    Ahram Online, Tuesday 3 Jul 2012 

    http://english.ahram.org.eg/NewsContent/1/64/46807/Egypt/Politics-/Maspero-clashes-trial-postponed-till-September.aspx

    Cairo criminal court postponed Maspero's trial to 3 September 2011 to hear eyewitnesses as well as the military officer accused of running over protesters with armored vehicles.

    On Monday, the court called for twenty-nine defendants in the bloody events at Maspero in October, 2011 to remain in detention for 15 more days pending further investigations.

    Michael Naguib and Mosaad Shaker are facing charges of confiscating an automatic gun belonging to the military during the violence at Maspero that left around 27 civilians and one military officer killed.

    On 9 October 2011, 27 protesters, mostly Coptic Christians, were killed when a peaceful protest march was attacked by unknown assailants. Video footage filmed by eye witnesses show military forces running over several with armored vehicles.

    The same evening, around 30 civilians – including three minors – were arrested and referred to military courts accused of inciting sectarian violence. On 10 October, they were formally charged with destruction of military property, assaults against military personnel, and intent to vandalize private property.

    Trial over Maspero weapons theft adjourned to September

    Al-Masry Al-Youm

    Mon, 02/07/2012 - 19:23

    http://www.egyptindependent.com/news/trial-over-maspero-weapons-theft-adjourned-september  

    The North Cairo Criminal Court on Monday postponed until 3 September the trial of Maikel Adel Naguib and Maikel Mossad Shaker, who are accused of stealing a machine gun from the armed forces during the Maspero violence.

    Naguib and Shaker are charged with incitement, stealing weapons from the armed forces and attempting to break into the state television building, as well as damaging public and private property.

    When it reconvenes, the court will hear testimony from members of the armed forces who were manning the armored vehicle from which the weapon was allegedly stolen.

    Clashes broke out after a protest at the Maspero state TV building in Cairo was forcibly dispersed on 9 October. Twenty-eight people, mostly Coptic protesters, died. Some were killed when they were run over by military vehicles. The events prompted outcry from human rights groups and activists.

    Edited translation from Al-Masry Al-Youm
    Court resumes on Monday trial of Copts accused in Maspero events


    Cairo /MCN/ 2 August
    http://www.mcndirect.com/showsubject.aspx?id=36979 
     

  • Cairo Criminal Court, circuit 21 north of Cairo, headed by Judge Saleh Rushdie, will resume this coming Monday, the trial of Michael Adel Naguib and Michael Mossaad.

    The two young Copts are accused of “stealing an automatic machine gun belonging to the Egyptian Armed forces, a weapon not to be in civilians’ hands.

    The court will be hearing testimony from the Armed forces and the Military police.

    It is expected that the Military police will send a delegate to represent it since Major General Ibrahim Damati - commander of the Military police at the time of the Maspero events – will not attend

    Recently Major-Gen Damati was promoted and has become the new director of the Military Police when Major-Gen Hamdi Badeen was discharged and later appointed Egypt’s military attaché in China.

    According to investigations conducted by prosecutors, the first defendant Adel Naguib has climbed up an armored vehicle of the army and dismantled the automatic machine gun fixed on its top.

    He wrapped the weapon in paper and took a taxi to his home located in Sharabiya, district in Cairo, while the second defendant hid the stolen automatic gun.

    The case dates back to the bloody events of Maspero in which more than 28 victims were killed – 27 of them were Copts - and some 320 were injured on October 9, 2011.

    On that day, a peaceful demonstration by tens of thousands of Copts went to the state TV and Radio building, in the Maspero area, to protest against the burning and destruction of St. George's Church in Marinab, Aswan (Upper Egypt).

    As soon as the march reached the building, it was attacked violently by soldiers of the Armed forces and the Military police. Many of the dead were run over by army vehicles while others were killed with live ammunition.

    Judges of investigations, headed by Judge Tharwat Hammad, have been holding back the reports of the investigations conducted with 54 people, including Christian clerics and officials in the Egyptian television, for” lack of evidence”

    According to observers, this means the rights of those who were killed are lost.

    At the same time, the Military Court is conducting the trial of four soldiers accused of negligence, driving the armored vehicles at high speed and causing the death of 14 civilians “by mistake”.




    Court postpones trial of two Copts in Maspero events to October


    Cairo /MCN/ 3 September

    http://www.mcndirect.com/showsubject.aspx?id=37008

     



    Cairo Criminal Court decided today (Monday) to postpone the trial of Michael Adel Najib and Michael Mossaad to October 2, to hear the testimony of the prosecution witnesses.

    The two Coptic young men are accused of stealing an automatic machine gun belonging to the Egyptian Armed forces, a weapon not to be in civilians’ hands according to army regulations.

    At the beginning of the session, the judge read out a letter from the Military Justice Commission, Planning and Training Branch, dated September 2, in which the crew of the armored vehicle was apologizing for not attending the hearing for “work duties in the army”. In addition, the military crew was asking for the hearing to be postponed to October.

    In today’s hearing, the defense panel of the Coptic defendants, led by lawyers Ayman Naguib, Bashir Jaber and Mohammed Abdel Maksoud, heard the testimony of the army officer who wrote the investigation report, the officer who arrested Michael Adel Naguib and the taxi driver, who has admitted that Naguib had hired him, after stealing the firearm.

    The defense waived the testimony of the Fahd armored vehicle crew, from which the weapon is said to have been stolen.

    At the beginning of the hearing, the President of the Court confirmed that he would not address any issues not contained in the list of evidence and would consider only the charge filed against the two young men accused of stealing and possessing the firearm.

    The defendants’ lawyers declared that the position of the two defendants is good and they are released.

    The court is expected to hear the military members and the taxi driver in the next hearing.

    According to investigations conducted by prosecutors, the first defendant Adel Naguib had climbed up a military armored vehicle and dismantled the automatic machine gun fixed on its top.

    Having wrapped the weapon in paper, he hailed a taxi to drive him home, to Sharabiya district in Cairo, while the second defendant hid the stolen automatic gun.

    The case dates back to the bloody events known as the “Maspero Massacre” and in which more than 28 protestors were killed – 27 of them were Copts - and some 320 were injured on October 9, 2011.

    On that day, a peaceful demonstration by tens of thousands of Copts went to the state TV and Radio building, in the Maspero area, to protest against the burning and destruction of St. George's Church in Marinab, Aswan (Upper Egypt).

    As soon as the march reached the building, it was attacked violently by soldiers of the Armed forces and the Military police. Many of the dead were run over by army vehicles while others were killed with live ammunition.

    Judges of investigations, headed by Judge Tharwat Hammad, have been holding back the reports of the investigations conducted with 54 people, including Christian clerics and officials in the Egyptian television, for” lack of evidence”

    According to observers, “lack of evidence” means the rights of those who were killed are lost.

    At the same time, the Military Court is conducting the trial of four soldiers accused of negligence, driving the armored vehicles at high speed and causing the death of 14 civilians “by mistake 
     

    Maspero weapons theft trial adjourned to 2 October

    Al-Masry Al-Youm
    Mon, 03/09/2012 - 20:31

    http://www.egyptindependent.com/news/maspero-weapons-theft-trial-adjourned-2-october

    The North Cairo Court on Monday adjourned the trial of two defendants accused of stealing a weapon belonging to the Armed Forces during the Maspero violence to 2 October due to the absence of witnesses.

    On 9 October 2011, 28 people were killed in clashes between the army and protesters after security forces violently dispersed a Coptic-led march outside the state television building.

    Widely circulated video clips showed armored vehicles running over protesters, but army officials said the killings occurred by mistake and accused protesters of assaulting the Armed Forces and "infiltrators" of stealing the vehicles that were seen mowing down demonstrators.

    Maikel Adel Naguib and Maikel Mossad Shaker are accused of stealing a machine gun from an armored vehicle, incitement, and attempting to break into the state television building, as well as damaging public and private property.

    Monday's session was meant to be devoted to witness testimony, specifically testimony from soldiers who were manning the armored vehicle when the weapon was allegedly stolen, but the witnesses were absent. The session only lasted for a few minutes

    Posted 7th July by   

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    III - FORENSIC REPORT OF THE MARTYRS OF MASPERO

     

     

     

    III - FORENSIC REPORT OF THE MARTYRS OF MASPERO


     

    انفراد: تقارير الطب الشرعي لضحايا ماسبيرو: 13 ماتوا دهسا و 8 بأعيرة نارية وواحد مات مذبوحا

    الخميس 20 October 2011 - 11:06

    http://elbadil.com/%D8%A7%D9%86%D9%81%D8%B1%D8%A7%D8%AF-%D8%AA%D9%82%D8%A7%D8%B1%D9%8A%D8%B1-%D8%A7%D9%84%D8%B7%D8%A8-%D8%A7%D9%84%D8%B4%D8%B1%D8%B9%D9%8A-%D9%84%D8%B6%D8%AD%D8%A7%D9%8A%D8%A7-%D9%85%D8%A7%D8%B3%D8%A8/ 
     

    · التقارير تم إرسالها للنيابة العسكرية .. والضحايا: 24 بينهم 23 مسيحيا و جندي مسلم

    · الضحايا قتلوا برصاص عيار 9 ملى وجميع الأعيرة دخلت وخرجت من جسد المتوفين ولم تستقر إلا في جسد متوفى واحد

    · رئيس الطب الشرعي للبديل: تقارير ضحايا ماسبيرو دقيقة مائة بالمائة.. والأحراز لم ترسل للنيابة

    كتبت – وفاء شعيرة :

    أرسلت مصلحة الطب الشرعي التقارير الطبية الشرعية لضحايا ماسبيرو للنيابة العسكرية ظهر اليوم .. وأوضحت التقارير إن عدد الضحايا الذين تم إخضاعهم للفحص والتشريح 24 منهم 23 مسيحي الديانة وعسكري مسلم وأن أعمارهم تتراوح بين 18 و62 عام وجميعهم ذكور

    وكشفت التقارير إن هناك 13 حالة توفيت نتيجة الدهس بالسيارات و8 حالات ضرب بعيار ناري وحالة ضرب بالعنق وحالة إصابة ردية بالرأس وان الضرب الناري لم يكن من خرطوش وإنما رصاص عيار 9 ملى وان جميع الأعيرة النارية التي أدت إلى الوفاة دخلت وخرجت من جسد المتوفين ولم تستقر إلا في جسد متوفى واحد وان الضرب النار كان على بعد أكثر من نصف متر.

    كما كشفت التقارير إن الحالات القادمة من المستشفى القبطي كان عددها 17 حالة عشرة توفوا بالدهس و7 بطلق ناري وفى مستشفى شبرا العام كان بها 4 حالات ثلاثة توفوا بالدهس وحالة واحد بالذبح بفصل الرأس عن الجسد .. أما مستشفى السلام بالمهندسين فكان بها حالة واحد توفيت متأثرة من ضرب ردى بالرأس .. وفى معهد ناصر توقيت حالة متأثرة من ضرب بالة حادة أما العسكري فتوفى اثر طلق ناري.. وجميع الحالات تم تشريحها بالمستشفيات التي توفيت فيها ما عدا العسكري تم تشريحه بمشرحة مصلحة الطب الشرعي

    وقال الدكتور إحسان كميل رئيس مصلحة الطب الشرعي للبديل إن الأحراز لم ترسل مع التقارير الطبية الشرعية للنيابة العسكرية ومازالت لدى مصلحة الطب الشرعي مؤكدا إن التقارير الطبية الشرعية لضحايا ماسبيرو دقيقة مائة بالمائة. 
     

    The Department of Forensic Medicine Sent the forensic medical reports of the victims of Maspero to the military prosecutor this afternoon .. The reports showed that the number of victims who have been subjected to autopsy and examination was 24

    23 of them were Christians and one Muslim military, aged between 18 and 62 years, all males

    The reports revealed that there are 13 cases died as a result run over by cars and 8 cases killed by live ammunition and a case where the neck has been cut, and a case of Traumatic head injury.

    The firearm was not cartouche, but a 9 mm bullet, and that all the shots that led to the death has entered and exited from the body of the victims, and did not settle but in the body of one victim and that Shooting was at a distance of more than half a meter.

    Reports also revealed that the number of cases coming from the Coptic Hospital was 17;

    Ten of them died being run over, and 7 shot

    and in the Shubra hospital were 4 cases; three of them dies after being run over, and one slaughtered by separating the head from the body ..

    The Al-Salam Hospital in Mohandeseen, one case died by a traumatic head injury ..

    In Nasser Institute, one case died from being hit with a sharp object

    while the military died after a gunshot .. All cases were autopsied in hospitals where they died in, except the military, who has been autopsied in the Department of Forensic Medicine

    Dr. Ihsan Kamil, head of the forensic medicine, said that the evidences were not sent with forensic medical reports to the military prosecutor, and the reports are still at the Department of Forensic Medicine, and assured that the forensic reports of the victims of Maspero, are one hundred percent accurate.
      

    Report of the dead soldier in the incident, published by (l youm el sabe’ newspaper)

    http://www.youm7.com/News.asp?NewsID=512114&  

    وأكدت مصادر مطلعة فى الطب الشرعى، أن التقرير المبدئى الذى تم إعداده لجندى الجيش الذى لقى مصرعه فى أحداث ماسبيرو، أفاد أنه تلقى رصاصة فى الكتف خرجت من الناحية الأخرى، مما أحدث حالة من التجمع الدموى داخل الصدر.  

    Well-informed sources in forensic said that the original report which was prepared for the Army soldier who was killed in the events of Maspero, reported that he received a bullet in the shoulder went out on the other side, creating a state of bloody assembly inside the chest.

    Posted 7th July by

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    CONCLUSION:  

    The massacre following the maspero protest on the 9th of October led to 28 deaths; 27 from the demonstrators, and one military soldier, and injuring 329.

    Out of the 27 victims from the demonstrators, 23 have been subjected to autopsy and examination; 13 cases died as a result run over by cars and 8 cases killed by live ammunition and a case where the neck has been cut, and a case of Traumatic head injury.

    Sources in forensic said that the original report which was prepared for the Army soldier who was killed in the events of Maspero, reported that he received a bullet in the shoulder went out on the other side, creating a state of bloody assembly inside the chest.
     

    Case before the military court:  

    The military court charged the three soldiers of "Causing, by their mistake the death of fourteen people from the crowd in front of the Radio and Television Union building", under the case (No. 5441/2011 cover of eastern military court) as a misdemeanour under Article 238 (paragraph 3) of the Penal Code which punishes the manslaughter (unintentional, accidental killing), a crime punishable by imprisonment not exceeding for a period of seven years.

    Case lawyers resigned to protest military justice (11/04/2012).

    Al Ahram newspaper published (Friday May 18th): military court yesterday acquitted three soldiers of the armed forces personnel who had been accused in the events of Maspero (running over demonstrators, 9th of October 2011), the Court confirmed that the three soldiers were in a case of legitimate self-defense.

    Then they denied the news in al masry al youm "Trial of soldiers accused of killing Maspero protesters adjourned to 31 May"


    LATER DEVELOPMENT:

    The trial has been postponed to the 3rd of July 2012, to hear the defense witnesses (those who are in favor of the 3 soldiers).


    FINAL VERDICT:


    The military court has convicted three soldiers of manslaughter for the killing of protesters in front of the
    Maspero building in October 2011, according to a Justice Ministry official who was quoted in the privately-owned Tahrir newspaper on Friday.

    Omar Marawan, an assistant to the minister of justice, said a military court convicted Mahmoud Sayed Abdel Hamid Suleiman, 21, Karam Hamed Mohamed Hamed, 21, and Mahmoud Gamal Taha Mahmoud, 22, of unintentionally killing 14 protesters during the Maspero clashes.
    Suleiman and Hamed were sentenced to 2 years in prison while Mahmoud was sentenced to 3 years in prison, Marawan stated.
     

    Case before the investigation judge:  

    the case was closed for "lack of identification of the culprits" who killed the army conscript Mohammad Shata and nine protesters (all Christians) with ammunition.

    The judges tasked with investigating the Maspero incident referred two people to criminal court on charges of stealing weapons from the armed forces. Investigations of 29 other individuals were closed due to lack of evidence.

    The judges referred Maikel Ady and Maikel Shaker to criminal court for allegedly stealing and hiding a multi-purpose machine gun belonging to the armed forces.

    The North Cairo Criminal Court on Monday postponed until 3 September the trial of Maikel Adel Naguib and Maikel Mossad Shaker, who are accused of stealing a machine gun from the armed forces during the Maspero violence. 
     

    State owned media incitement:  

    The public prosecution for administrative affairs at the State Radio and Television Union issued a legal memo in which it cleared former Media Minister Usama Heikal and TV announcer Rasha Magdy of allegations of inciting against Copts. At the same time, the investigation conducted by the prosecution found Ibrahim al-Sayyad, head of News Section of Egypt’s State TV and 18 of the crew working at News Section of guilty of incitement.


     


     


     


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