Egyptian Copt's “Faked Facebook Blasphemy” Acquittal Delayed
By Jeremy Reynalds, Senior Correspondent, ASSIST News Service (jeremyreynalds@gmail.com )
SOHAG, UPPER EGYPT (ANS -- November 19, 2015)
-- An Egyptian Christian, jailed for 38 months on unsubstantiated
charges, has had his expected acquittal delayed again to February next
year, his lawyer said.
Bishoy
Garas was sentenced to six years in prison from Sept. 2012 for
offending Islam, then Egyptian President Morsi, and a Muslim sheikh's
sister.
However, the charges, relating to Facebook posts, were found on a fake Facebook page opened in his name.
According
to a story on World Watch Monitor (WWM), he posted warnings on his own
Facebook page about the fake account and alerted cyber police.
However,
he was still sentenced despite new claims by his friends of a named
hacker, as well as cyber investigation reports attesting to his
innocence.
Garas
was due to have a ruling in favor of his acquittal on Nov. 14. But the
judge put it off again, owing to “the issue's sensitivity,” lawyer Magdy
Farouk Saeed said.
“The
judge adjourned the case till February 13th 2016. He does not wish to
issue his ruling at this time in the full presence of the court,” he
added.
“This
is due to the sensitivity of the issue,” WWM reported that Saeed said,
hinting that a “discreet” hearing with fewer attendees may be more
appropriate.
However, he was still confident about his client's ultimate acquittal.
“The judge will rule in Bishoy's favor. It is as good as done,” Saeed said.
Garas was also not subject to any further questioning by the judge, he explained.
On
July 25, Cairo's senior Court of Cassation (a court that verifies the
interpretation of the law) had ruled against the six-year prison
sentence earlier given to the Copt.
It
took Garas until Oct. 9, however, to walk free due to “intransigence by
the prosecution, and prison authorities dragging their feet,” his
lawyer said.
A hearing had been first set by the Court of Cassation for Sept. 12. On the day, Garas was unable to appear.
“Bishoy
was (then) still being held in the New Menya Prison. The prosecution,
due to hardline Islamic tendencies among its members, kept dragging its
feet,” Saeed told WWM.
While Garas may have finally been freed from prison, he is still not free to go home.
“Advised” not to go home
Bishoy’s
father, Kameel Garas, told WWM his son “was advised” not to go home for
fear for his life from possible attacks by Islamists.
On
Oct. 9, Garas was released from the Tima police station in Sohag, Upper
Egypt, having had the usual “interview'“with the National Security
Directorate first.
“They
advised us that my son should not head back home for fear for his life
from possible attacks by radical Muslims,” the father said.
He
added, “We were told to wait for things to calm down after the
elections have concluded,” referring to the country's first round of
parliamentary polls which saw a massive defeat of the hardline Salafist
Al-Nur party.
However, a second round of voting is due on Nov. 22.
For now, things are “normal and stable,” his father said, adding that the rest of the family can now go about business as usual.
WWM said this was a sharp contrast with events at the beginning of the ordeal.
Back
in 2012, the family feared for their safety amid angry mobs swarming
court hearings, and threats to kill Garas and kidnap members of the
family.
According to Garas’s father, his son was horrified by insults he had supposedly written on his Facebook page.
“Surprised,
he quickly opened his laptop, and found another fake Facebook account
with the same data - his name, photo, everything. There were bad
pictures and insults on this fake account,” the father said.
The
primary school teacher immediately posted warnings on his Facebook page
about the fake account. He also called the Internet police and told
them what had happened, asking them to investigate.
When
Garas was summoned the next day to the Tima police station he assumed
the chief detective there wanted to investigate it. But the teacher
arrived with his laptop, to be confronted by Sheikh Mohammed Safwat
Tammam, from the ultra-conservative Salafist movement within Sunni
Islam.
WWM
said the cleric had filed a formal complaint against the then
24-year-old Copt, accusing him of insulting Tammam’s sister, then Muslim
Brotherhood President Morsi, and the Islamic religion on his Facebook
page.
Despite
Garas’ protests, the young teacher was taken the next day to appear in
court before the Tima prosecutor where a large mob of angry Muslims were
gathered to protest against him.
The
local prosecutor was convinced of Garas's innocence at that point, the
father recalled. But to calm the crowds, Bishoy was remanded for four
days' custody anyway.
By
then, two of Garas's friends had identified and confronted the alleged
culprit who had created the fake Facebook account, a young Coptic
acquaintance identified only as “Michael.”
After
recording Michael's confession on a CD, the two went with Garas's
father on Aug. 2 to testify to a prosecutor in nearby Tahra, but there
Garas's detention was extended for another 15 days.
For
the next month, WWM said, hearings on the case were adjourned, lawyers
failed to appear and court-ordered evidence was late in arriving.
Several
times large protests erupted outside the courtroom, as angry Salafists
and Muslim Brotherhood supporters shouted death threats against the
Copt.
On
Sept. 18 2012, a presiding Judge of Tima Misdemeanour Court convicted
Bishoy on three counts of insult and blasphemy, sentencing him to a
total of six years in prison.
An appeal hearing before another judge of the Sohag Misdemeanour Court on Sept. 27 upheld the ruling.
The
teacher was promptly fired from his job, and then insulted and beaten
by Muslim prisoners during his three months in the Sohag prison, his
father recounted.
In light of his expected acquittal, what can Garas expect by way of compensation?
When asked about any possible damages according to the Egyptian legal system, his lawyer said, “It's a pittance!”
He
added, “After a defendant is acquitted, one can hope for a mere five
pounds' sum (64 US cents) in damages for each day spent in jail. To get
that it's a tortuous process which can take up to three years of
litigation. Even then, the judge may decide to award no damages or
reduced remuneration.”
But what matters most now for Saeed is to get his client's record clean.
“This
time the defendant appears before a court which believes in his
innocence, and which has evidence before it to back this belief,” WWM
reported Saeed said.
The
Court of Cassation in Cairo is a safer venue, being more removed from
“pressures by angry local crowds of Salafist hardliners,” the lawyer
added, expressing more confidence in the higher court judges'
proficiency and integrity.
Hope in a dark place
When
asked about his trial, Bishoy said, “Three years and two months in
jail. Two months held at the police station in Tima, two months in
protective custody in Qina, one year and six months in the Wadi el-Gedid
prison, and two years and two months in Menya (prison). Yet I had done
no wrong, no crime. “
WWM said Bishoy added, “But thank God in all things. We are subject to the will of Him who works all things together for good.”
Bishoy was not left without hope and encouragement while in prison.
He
said, “The time I spent in prison made me draw really closer to God. It
was more or less a retreat time for me. Despite the dangerous charges
leveled against me, I could see God's hand throughout. Even fellow
inmates in both the Wadi-el-Gedid and Menya prisons were kind to me.
They could see that I was being unjustly treated.”
It wasn't all easy for him, though.
He
said, “At first I passed through a very hard time. I felt hopeless. I'd
ask God why He'd do that to me. Then I'd have only a Bible for a
comfort. And that surely worked.”
Recalling
how after his release he briefly made a secret visit to his family,
Bishoy said “I went back home at night. I spent one day at home with mum
and dad. The next day at dawn while it was still dark I was off again.”
Once
he has his innocence formalized, WWM said Bishoy will have to sue in
the Administrative Court to be able to regain his job. That's a process
which could take three more months, he said.
But
the family is taking no chances. “Even after an expected acquittal,
we're not taking him back home just yet. For his safety, we are
arranging alternative accommodation,” his father said.
His father continued, “We are asking everyone to lift Bishoy in prayer.”
For more information, visit www.worldwatchmonitor.org .
Photo
captions: 1) Bishoy Garas. 2 ) Former Egyptian President, Dr. Mohamed
Morsi. 3) An Egyptian court in session. 4) A Coptic service. 5) Jeremy
and Elma Reynalds.
About
the writer: Jeremy Reynalds is Senior Correspondent for the ASSIST News
Service, a freelance writer and also the founder and CEO of Joy
Junction, New Mexico's largest emergency homeless shelter,
www.joyjunction.org.He has a master's degree in communication from the
University of New Mexico, and a Ph.D. in intercultural education from
Biola University in Los Angeles. His newest book is “From Destitute to
Ph.D.” Additional details on “From Destitute to Ph.D.” are available at www.myhomelessjourney.com. Reynalds lives in Albuquerque, New Mexico with his wife, Elma. For more information, contact: Jeremy Reynalds at jeremyreynalds@gmail.com .
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