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News Analysis: Prosecution appeal unlikely to change Mubarak's acquittal

The Philippine Star

CAIRO (Xinhua) - Cairo Criminal Court acquitted on Saturday former President Hosni Mubarak, his two sons Gamal and Alaa and six of his top security aides, including his interior minister Habib al-Adli, of financial corruption and responsibility for killing protesters in January 2011.

Although the controversial acquittals will be appealed by the general prosecution, legal and political experts believe that the appeal is unlikely to change the verdicts.

Walid al-Shahhat, one of the lawyers of Mubarak's former chief of public security Adly Fatyed, said appealing the verdict is one of the rights and tasks of the general prosecution. "However, this appeal does not cause us any anxiety," he said.

Adly's lawyer, whose client was among the ex-security officials acquitted on Saturday, described the verdict as "a great legal accomplishment," calling on opponents to respect the judiciary and the justice system.

"We have faith in the course of justice that the truth will be revealed and our clients will be acquitted," Shahhat told Xinhua, noting that the court summarized its reasons for acquittal in a 280-page report but the main reason is obviously the lack of evidence.

Egypt has been intensifying security to face Friday's anti-government protests staged by supporters of disposed Islamist President Mohamed Morsi, who was removed by the military in July 2013 after mass protests against his one-year rule.

Following the acquittal of Mubarak and his men, hundreds of people headed to iconic Tahrir Square and other squares nationwide to protest the verdicts and the security forces are currently dispersing them.

Some experts linked the tight security measures and the massive security deployment on Friday to the security preparations for Mubarak's trial the following day.

"The security iron fist while containing Islamist protests on Friday was not only directed to Islamists but to anyone who would think about future protests, particularly after Mubarak's acquittal, said Egyptian political sociology professor Saeed Sadeq.

The professor said that there was no fraud in Mubarak's evidence documents that have been monitored by cameras, "but the available documents are useless and lacking evidence."

He said that Mubarak was facing charges limited to January 2011 events and not to his 30 years of rule. "His long rule was minimized to a few days to which the charges are related, so acquittal was expected."

Some experts believe that Islamists attempted to extend their Friday protests until Saturday to win angry secularists, liberals and leftists on their side if Mubarak is acquitted, but the regime-oriented media and the security strength managed to foil their attempt.

"Mubarak's loyalists represent a strong element in June 30 anti-Muslim Brotherhood alliance that managed to remove Morsi," Sadeq told Xinhua, arguing that their control of the media and closeness to the current leadership "provided a suitable atmosphere for Mubarak's acquittal.

Most oil-rich Gulf countries, including Saudi Arabia, the United Arab Emirates and Kuwait, supported Mubarak after his overthrow and assisted the current Egyptian military-oriented leadership against Morsi's Islamist loyalists, particularly the currently-blacklisted Muslim Brotherhood group.

"We have to bear in mind the regional pressures in an Arab region mostly governed by authoritarian rule. Mubarak's conviction is not in favor of the leaders of these states as it might threaten their thrones as well," the political sociology professor explained.

"Mubarak's case is politicized and all kinds of political calculations are there even if they would claim otherwise," he told Xinhua.

With regards to the future impact of the acquittals, he said that Friday's number of protesters showed that the country is under tight security control and opposition is unable to change anything.

Mohamed Zarie, legal expert and head of Arab Penal Reform Organization, said that the prosecution is allowed to appeal the acquittal and there is a legal possibility for Mubarak to be convicted after being acquitted.

"However, on the ground, the chance is very narrow," he told Xinhua, arguing that the prosecution charges against Mubarak are related to the killing of protesters in 2011 and exporting natural gas at low prices, not related to his 30 years of rule.

He attributed the acquittal of Mubarak and his men to the lack of evidence and does not believe that the general prosecution will provide any new evidence.

"What's new does the prosecution have to appeal?" Zarie rhetorically exclaimed. "We have just to wait and see, because reality sometimes surpasses imagination and expectation."

Many experts believe that one of the future impacts of Mubarak' s acquittal is that it may make the people have a permanent feeling of injustice and disappointment.

"The people don't care about Mubarak himself. He is history for them. But not convicting an ex-president for long-term corruption and violation raises fears that Mubarak's scenario is repeatable," Zarie said.
 

ACQUITTAL

ADLY FATYED

ARAB PENAL REFORM ORGANIZATION

CAIRO CRIMINAL COURT

GAMAL AND ALAA

ISLAMIST

MUBARAK

MUSLIM BROTHERHOOD

SECURITY

XINHUA

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