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| Hosni Mubarak |
Hosni Mubarak’s
trial is really historic and very important event not only for Egypt, but for
the whole Arab world, and this trial was one of the demands of January 25
Revolution and became a great test for Egypt’s SCAF (Supreme Council of the
Armed Forces) – de facto the ruler of transitional period – and for Egyptian
judiciary as well. Can the new ruling power bring the long awaited justice for
the people demanding it? This historic trial was called by many “The Trial of a
Century”. Hosni Mubarak is actually the first ousted leader of Arab country who
was brought to justice by his own people and was tried in his country and in
front of his people with the court sessions being aired live on TV (Tunisian
ex-President Ben Ali was tried in absentia).
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| Little boy selling the flowers and Mubarak's graffity in Cairo |
After January 25
Revolution the people were demanding to try Mubarak and all those responsible
for protesters’ deaths and wanted to get justice, and finally in late May 2011
the Prosecution referred Hosni Mubarak and two his sons to trial. Mubarak’s
Interior Minister Habib El-Adly and another six officers were charged earlier.
Egypt’s
ex-President Hosni Mubarak was accused of killing the peaceful protesters
during January 25 Revolution, on January
25th-30th 2011. He was charged under the Article 40 of Egypt’s Criminal code
(inciting a felony). Hosni Mubarak was accused of giving the orders to use live
ammunition against peaceful protesters, which led to deaths of more than 800
people and to thousands of injured, and those orders make him criminal
responsible for those deaths, according to the prosecution. In this case Hosni
Mubarak is co-accused with his former Interior Minister Habib El-Adly and six
of his aides, high ranking officers.
Another lawsuit
Mubarak is facing is corruption, money laundering and alleged acceptance of
money bribes from the prominent Egyptian businessman Hussein Salem, who himself
is charged with bribery too and tried in absentia as he fled Egypt during the
Revolution.
Mubarak’s two
sons, Gamal and Alaa, are also on trial, accused of profiteering from their
father’s position and accepting bribes too.
Mubarak’s former
Interior Minister Habib El-Adly and six officers being on trial too are also
accused of failing to protect the public and private property during the
protests.
The murder charges
carry to long prison term and even to death penalty, which was demanded by the
prosecution, and the corruption charges carry sentences from five years in
prison.
The trial
Mubarak’s trial
began on August 3rd 2011 with a massive media coverage, and thousands of people
were following this historic event both in Egypt and in the world. The
defendants appeared in the courtroom, and the first session of the process was
started. There were three judges to hear the case with Ahmed Refaat as a
Presiding Judge. Hosni Mubarak and his sons were represented by a prominent
attorney Farad Al-Dib.
The families of
victims and the supporters of the revolution gathered outside the building of
Police Academy, where the hearing were held, chanting for revolution and
against the regime and demanding justice. Then the clashes between them and the
supporters of Mubarak erupted.
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| Hosni Mubarak during the trial |
The court sessions
were televised, so all the people in Egypt and in the world could see the
historic trial live. The first day was very dramatic, with Mubarak’s appearance
together with his co-defendants in the iron cage. He was denying all the
accusations against him, as well as all another defendants. On the next day the
criminal court headed by Ahmed Refaat began to review and analyze the massive evidences
in the case of killing protesters presented by the prosecution. The defense
team should learn all those evidences, so the session was adjourned. The next
hearings were very chaotic and tense, so the sessions were suspended a few
times due to disorder in the courtroom provoked by lawyers trying to present
their demands to the court, while Mubarak supporters clash again with the
revolutionaries and victims’ families outside the courtroom. So the Judge Ahmed
Refaat orders to stop the broadcasting of the sessions, and all the next
hearings were holding closed.
During the next
weeks of the process the testimonies of dozens of witnesses including the
senior security and military officials were delivered. Among the others there
were summoned head of the ruling SCAF and current Minister of Defense Field
Marshal Mohamed Hussein Tantawy, chief of staff General Sami Anan, former head
of intelligence and ex Vice-President Omar Suleiman, former Minister of
Interior Mansour El-Eissawy and other security officials, all of them were
summoned during the closed sessions. The prosecution was demanding death
penalty for Hosni Mubarak, Habib El-Adly and six of his aids and the maximum
prison term for Alaa and Gamal Mubarak. The attorneys of the defendants were
presenting the evidences of their clients’ innocence. Then the trial was
suspended for three months due to calls for disqualifying and replacing Ahmed
Refaat, but the Presiding Judge remained. The testimonies were concluded in
January and followed by the closed statements, and on February 22nd 2012 the
investigations were closed by Ahmed Refaat and the verdict to be promised on
June 2nd 2012.
The verdict
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| Mubarak's sons Alaa and Gamal during the trial |
As it was promised
the final verdict in the long Mubarak trial was passed on June 2nd 2012. Former
Egypt’s President Hosni Mubarak, ousted by the mass uprising, was convicted of
complicity in murder of protesters and of failing to stop their killing during
January 25 Revolution and sentenced to life in prison. His former Interior
Minister Habib El-Adly was also given a life term in prison accused of killing
the peaceful demonstrators. After announcing the verdict Egypt’s General
prosecutor ordered Mubarak to be transferred to the Tora prison, as well as the
other defendants.
But the corruption
charges against Mubarak and both of his sons, Alaa and Gamal, were dropped.
Also the six Mubarak aides, high ranking security officers, facing the same
charge of killing protesters were acquitted due to lack of concrete evidence
against them.
Before passing the
verdict Ahmed Refaat delivered a strong speech addressing the Egyptian people
and describing Mubarak’s era as “thirty years of darkness” and “nightmare”,
that ended only after Egyptians went to the streets and protested demanding
justice and their rights and fighting with regime. He told the protesters were
demonstrating peacefully, but were met with the excessive power of security
forces against them, and Hosni Mubarak and Habib El-Adly didn’t give any orders
to stop them and to prevent the killings of unarmed revolutionaries.
This verdict was
met with concern, because even in spite of Mubarak and El-Adly were considered
guilty and were sentenced to life in prison, another security officials were
acquitted of the charges, as well as all other police officers tried before.
Meanwhile this verdict could be appealed, and a lot of people are expecting
today that in this case Mubarak could be acquitted too, so they didn’t see the
justice they demanded.
On June 3th 2012
Egypt’s General prosecutor appealed the verdicts against Mubarak and El-Adly
which sentenced them but acquitted Mubarak’s sons and his aides, police
officers. The prosecutor ordered to start the appeal procedures and imposed the
travel ban on the six officers acquitted before.
Mubarak’s defense
team claims they will also appeal the verdict. Both the lawyers of Mubarak’s
defense team and the lawyers representing the interests of the victims tell the
life sentences could be easily appealed, and that provoked the anger among the
people and fear that all the defendants could be considered not guilty and
acquitted too.
The reaction
After verdict was
passed it was met with a great joy and euphoria by the people gathered outside
the courtroom. Egyptians were celebrated that Mubarak was convicted of the
killing of protesters, there was a feeling the justice is finally delivered to
people. The relatives of those killed or injured during the uprising were very
delighted and felt that was finally their victory. But this joy was very short
and turned into skepticism and frustration. Some people were hoped the death
penalty for Mubarak and for El-Adly and weren’t satisfied with the sentence
given to them. But the fact that the cases of Alaa and Gamal Mubarak were
dropped, and the six high ranking officers charged of killing protesters were
acquitted, sparked the anger among the people. The strong dissatisfaction
regarding the verdicts made Egyptians to leave their homes again and to gather in
Cairo’s iconic Tahrir Square. Tens of thousands of people are protesting since
Saturday in Cairo, Alexandria, Suez, Mansoura, Port Said and other Egyptian
governorates as well, the sit-ins are organized and more protests are planned,
and people are claiming they won’t leave till their demands won’t be met.
The protests
started with the mood of unity, the same like it was during January 25
Revolution. But could those protests turn into the second wave of Egypt’s
unfinished revolution?
After the first
day of protests it became clear that the people started to be divided again,
and the demonstrations which were initially the result of dissatisfaction with
the verdict of Mubarak trial turned into the protests against SCAF, former
regime and Ahmed Shafiq. Tahrir Protestors feel again that the revolution is
hijacked, the transition failed under the rule of Military Council. And here
Egyptians are divided again: some of them feel it was hijacked by SCAF, since
many of the people feel the Muslim Brotherhood was the one who was jeopardizing
the Revolution and trying to use its gains for their own purposes. A lot of people
see the elections not fair and fraud, and Shafiq’s candidacy raises fears among
the people. Some claim there will be the step back and consider Ahmed Shafiq
the extension of the previous regime.
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| Protesters in Cairo |
But the demands
aren’t still very clear and are yet to be delivered if we are talking about any
united demands. The possible second wave of revolution seems to divide people
more ahead of the second round of the presidential elections set for June 16th-17th,
and many political powers could try to use the current situation for their
purposes. A lot of different political groups are present in Tahrir Square and
have set up there their camps heading the debates among the demonstrators. Protesters
are chanting against the military rule and demanding to form the Presidential
Council to rule the country during transitional period. This Council has to be
made up of revolutionary presidential hopefuls Hamdeen Sabbahy, Abdel Moneim
Abouel Fotouh, Mohamed Morsi and Mohamed ElBaradei, who has withdrawn his
candidacy from presidential elections and decided to boycott the run off too. The
protesters demand SCAF to hand over power to this Presidential Council
immediately, to draft the new Egypt’s Constitution and to organize the new
presidential elections.
Meanwhile the main
contenders in the presidential race are trying to gain more support before the
run off. Mohamed Morsi claims he will hold Mubarak in prison forever if he will
become the next president, and Muslim Brotherhood demands the retrial of Hosni
Mubarak and his co-defendants. Muslim Brotherhood group which has always kind
of distanced from the demonstrations turned into the active participant of
current protests, calling for the revolution to be continued and the rights to
be delivered to people. Mohamed Morsi was calling also for disqualification of
Ahmed Shafiq from the presidential race – the call addressed to all those
fearing the return of Mubarak’s regime in case if Shafiq will win the
elections. This call might reach also to numerous supporters of Hamdeen
Sabbahy, Abdel Moneim Abouel Fotouh and other candidates, who were dissatisfied
with the results of the first round of elections and demanded to impose the
Disqualification law on Shafiq. So such statements made by Morsi could have a
great support ahead of presidential election and bring more voices to Islamist
candidate.
Ahmed Shafiq declared
regarding the verdict of Mubarak that nobody has to be above the law, and the
justice must prevail in Egypt. He strikes back on Muslim Brotherhood during his
Sunday’s press-conference, telling that the Egypt’s judiciary system, which was
blamed for the unjust verdict in Mubarak’s trial and was associated with Shafiq
as he is considered to be a part of the previous regime, was the same judiciary
system supervising the first stage of elections which brought Mohamed Morsi to
the second round. As Morsi is warning the people that Shafiq will be the same
as the previous regime, Ahmed Shafiq answered that Muslim Brotherhood will for
sure reanimate the old regime if they will come to power. He accused Muslim
Brotherhood of cutting the deal with the former regime to win seats in
Parliament in 2005 elections and reminded Muslim Brotherhood’s promises after
January 25 revolution to contest only 30% of seats in Parliament and the real
situation, when they are occupying the majority of seats in Parliament now. Talking
about Muslim Brotherhood Ahmed Shafiq stated that they represent darkness and
sectarianism and will bring Egypt backwards, because they are only seeking
power and domination over their rivals, which won’t bring unity and better
future to Egypt. This message would be for sure heard by the voters willing to
see Egypt as a civil state. Many fear that Muslim Brotherhood will monopolize
all the power in the country and will turn Egypt into religious state. On the
subject of retrial and retribution for those responsible for killing the
peaceful protesters Shafiq stressed there will be no justice if Muslim
Brotherhood will be in power and told that he will guarantee the rights of
martyrs. So with his statements Ahmed Shafiq would probably win more votes
ahead of presidential race.
So, after passing
the verdict in Mubarak’s trial and continuing protests all over Egypt, the
country looks more divided, despite tens of thousands gathered in the main
squares of Egypt’s cities. The only one thing which is common now is
transferring power to civilian rule and demanding justice and the gains of
January 25 Revolution, but the prospection is different, and the new spark of
protests in Egypt isn’t that united as it was during the revolution which
ousted Hosni Mubarak. Political forces seem to be trying to use the current
situation to win more support before the elections, and on this stage every
Egyptian has to think carefully and to analyze the aims and purposes of any
political power making the statements now and to better use mind and not
emotions at this stage making the choice for better future for Egypt. After
long struggle with the oppression and after January 25 Revolution, which made
the people all over the world really proud of Egypt, Egyptian people deserve
only the best future.
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