By Tyler Yates
Impunity Watch Reporter, Middle East

CAIRO, Egypt — On August 3, in what has been called a defining moment of the Arab Spring, Hosni Mubarak, the former president of Egypt, was placed on trial for charges of financial corruption and for ordering the shooting of unarmed protesters.

The sight of Mubarak being tried is certainly a welcome, if not nearly unbelievable, image for the Middle East and world alike, but some doubt the forthcoming results.  Most Egyptians believe that Mubarak is guilty without question, however the case that has been brought against him has been called weak by many including some independent analysts.

As it stands today, the prosecutors have yet to present the court enough concrete evidence to convict Mubarak, and thus far, he has been tried separately from his minister of Interior (who directed the killings) and the police officers (who actually committed the violence).  This could lead to an issue of scapegoating the offenses.

Further, many feel that the prosecution made a mistake by rushing the case into court to dispel public outcries.  There simply was not enough time to put together a solid case with the type of evidence necessary to convict.

Others in the country feel the entire trial is illegitimate, and possibly a violation of the principles of basic human rights.  They see the imagery of Mubarak in a cage as nothing more than proof of a show trial, being for the benefit of the people with a verdict having already been decided.

A big issue with the trial is the lack of credibility of the prosecution.  Most of the prosecutors were appointed by Mubarak himself, and are part of the regime the trial is attempting to vanquish.

Still, regardless of the trial’s outcome, many feel that it is important that it is happening at all.   They see the trial as proof that no matter what happens in the future Egypt will never be the way it used to be.  This is the start of something brand new.

One thing all sides appear to be concerned with is the issue of justice.   It is only the order of the issue’s importance that differs.  As international law scholar and United Nations human rights export Richard Falk said:

“We have to question whether the procedural side of justice is or really can be the most important part of justice in a revolutionary or post-revolutionary situation, where other considerations may be equally or more important. It’s part of the liberal imagination to focus on procedural justice, often at the expense of substantive justice. In the Mubarak case, there is substantive justice inherent in bringing him to trial given his notorious public record of abuse and oppression, which necessarily makes the outcome a foregone conclusion.”

Mubarak’s trial is playing a big role on the international scene.  It may set the stage for the future actions of other threatened dictators like Qaddafi and Assad, who may now think twice before negotiating with the popular uprisings seeking their removal.  No matter the outcome this trial will usher in something different, and there is no going back.

For more information, please see:

The Nation — Mubarak behind bars: Human rights and justice — 16 Aug 2011

Ahram Online — The tables have turned: Human rights lawyer once jailed by Mubarak gets his chance to press the pharaoh in court — 15 Aug 2011

Al Jazeera — Mubarak behind bars: Human rights and justice — 15 Aug 2011

The Telegraph — Hosni Mubarak trial: swift justice v human rights — 15 Aug 2011