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In Egypt, ‘justice was dealt another severe blow’

Dec 03,2014 - Last updated at Dec 03,2014

The dismissal on technical grounds of the case against ousted Egyptian president Hosni Mubarak for failing to prevent or halt violence against protesters during the 2011 uprising was expected but condemned by Egyptians and Egyptian organisations across the political spectrum, and could very well exacerbate the turmoil the country has been experiencing over the past four years.

The Egyptian Initiative for Personal Rights (EIPR) said “justice was dealt another severe blow… The verdict further entrenches impunity for gross human rights violations committed by security forces, yet again absolved of responsibility for killing, injuring and torturing protesters”. The toll during the 18-day “revolution” was 846 dead, more than 6,000 wounded and thousands imprisoned, many tried by military rather than civilian courts.

The EIPR pointed out that even after Mubarak had been detained in 2011, the public prosecutor failed to investigate his involvement in the crackdown and “was only forced to begin such [an] investigation after mass demonstrations”.

This was followed by a 2012 conviction and sentence of life imprisonment for Mubarak, his interior minister Habib Al Adly, and six officials, but was dismissed on appeal.

Last Saturday, the case against Mubarak was, the EIPR said, “found to be groundless” on the basis of procedural irregularities, while Adly and his aides were acquitted.

Indeed, their acquittal exonerated Mubarak, stated EIPR.

Hoda Nasrallah, a researcher at EIPR, said that the verdict solidifies “the security institution’s impunity and reflects the current political atmosphere”.

Egypt’s Prosecutor General Hisham Barakat said he will appeal the verdict in the cases of violence against protesters and corruption.

Former editor of Masry Al Youm Hisham Kassem stated, however, that Mubarak’s aides had plenty of time during the 18-day uprising to erase evidence that he had ordered the deadly crackdown.

On Monday, a grouping of seven secular parties launched a campaign to reindict Mubarak and members of his regime. 

This alliance includes the centrist Constitution Party, founded by Nobel laureate Mohammad Al Baradei and now headed by Hala Shukrallah, the leftist Egyptian Popular Current, the Nasserist Karama Party and Kefaya, a leading light of the 2011 revolution.

The campaign will initially involve a petition to be distributed on the Internet and in the streets.

On Tuesday, the Front for the Protection of Journalists and Freedoms protested the Mubarak verdict as well as police harassment.

Some 400 journalists signed a petition denouncing the media’s alignment with the state.

Rasha Abdullah, a professor of journalism at the American University in Cairo, said there is “less diversity” of opinion expressed in the media than “we ever had in Egypt”.

The media are now owned by businessmen associated with the Mubarak regime.

“People hear the same old message over and over again.”

Meanwhile, the April 6 Youth Movement and other revolutionary groupings called for regular protests beginning tomorrow and lasting until February 11, to coincide with the fourth anniversary of the fall of Mubarak.

Taking to the streets is unlikely to resolve fundamental differences in the Egyptian body politic, which is divided into four main groups: the regime, headed by President Abdel Fattah Al Sisi that commands the backing of the military and many former members of the Mubarak regime; supporters of the outlawed Muslim Brotherhood; secular reformers and revolutionaries; and the vast majority of Egyptians who are apolitical, apathetic, and tired of constant upheaval and crackdown.

The fourth group consists of largely uneducated or undereducated people who, for decades, failed to follow developments and have, traditionally, simply gone along with whoever was in power (which is the case in most countries, even in the “democratic” West).

However, a great many of those in the fourth group were stirred to action and given great expectations by the 2011 uprising.

These people are both confounded and confused by what has happened over the past four years.

Some went along with the Brotherhood, but deserted it for failing to deliver the demands of the uprising: “Bread, freedom and justice”.

All but committed Brotherhood backers turned against the Brotherhood, which has continued its disruptive campaign to reinstate president Mohamed Morsi, a senior figure in the movement, following his ouster in July 2013.

Some pinned their hopes on old and new political parties, liberated by the uprising, and hoped to achieve democracy, although many did not know precisely what that entailed or meant politically. But the post-uprising parties are not “real” political parties, with leaders of stature, proper programmes and grass-roots appeal.

 They are largely vehicles for ambitious individuals or naïve, well-meaning people who do not know how to wheel and deal in the political arena because they have never had any experience in competitive politics.

Others gravitated to powerful figures determined to maintain their prerogatives but who could also offer the certainties of the Mubarak era. 

These people ultimately latched onto Sisi and the military, which appeared to be the only force capable of reimposing order by force, if not the rule of law.

However, Egypt will not move forward politically or prosper economically without the rule of law, major structural reform of the broken system of governance and the security forces, the opening of the country’s political space, and free and fair elections for a parliament that is representative of the people and has the power to legislate in their interest.

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