Court Watch
On February 28, the General Prosecutor of Egypt issued an order prohibiting Mubarak and his family from leaving Egypt as a result of possible criminal charges pending against them. While Mubarak and his family remained under house arrest at a presi- dential palace in the Rea Sea resort of Sharm el- Sheikh, rumors of his deteriorating health swirled.
On May 24, Mubarak was ordered to stand trial for “intentional murder, attempted killing of some demonstrators ... misuse of influence and deliber- ately wasting public funds and unlawfully making private financial gains and profits.” Criminal charges were also brought against members of his inner circle, including charges of corruption against his two sons Gamal and Alaa, his former Interior Minis- ter Habib al-Adly with whom he is accused of plot- ting the attacks on protesters, and six other senior ministry officials.
On May 28, a Cairo administrative court found Mubarak guilty of damaging the national economy by shutting down mobile phone and Internet ser- vice during the demonstrations. The judge fined Mubarak and two other officials approximately $91 million USD to be paid from their personal assets.
The trial for the killing of the protesters began with much fanfare on August 3, 2011, when Mubarak was wheeled on a gurney into the metal defen- dant’s cage in the courtroom, apparently suffering from stomach cancer. Mubarak’s sons attempted to shield the sickly former president from state television cameras as he denied all charges levied against him, including corruption and the unlawful killing of peaceful protesters.
When the trial resumed on August 15, Judge Ahmed Rifaat ordered that television cameras would no longer be allowed in the courtroom. He did not elaborate on his decision other than to say it was in protection of the general interest; many be- lieve the ban was simply an effort to restore order to the proceedings before witnesses were to be called. The judge also decided to merge Mubarak’s trial with that of his former interior minister, Habib
al-Adly, who is also accused of issuing orders to fire at protesters. After what was mainly a procedural hearing, the judge concluded the day by adjourning the trial until September 5, 2011.
The decision to try Mubarak and his associates in a regular judiciary in accordance with Egyptian laws, rather than in a military court or an ad hoc tribunal, has been hailed by many scholars as a major achievement for the rule of law. But convict- ing Mubarak of the charges brought against him may prove to be more difficult and time-consuming than some had anticipated. Since the trial resumed on September 5, there have been courtroom ar- guments between pro- and anti-Mubarak lawyers and many of the prosecution’s witnesses have ei- ther neglected to show up or changed their sto- ries on the stand, denying any knowledge of direc- tives issued to fire on protesters. The judge also ordered the testimony of Egypt’s top security and intelligence personnel to be heard behind closed doors, barring any media coverage or reporting and thus adding to the secrecy and slow pace already afflicting the trial. If convicted, Mubarak could face the death penalty, but if his health continues to de- teriorate and the proceedings drag on, the trial of Hosni Mubarak may end up being a case of too little, too late.
* Submitted by James Foster
U.S. and Iraq Settle Claims by U.S. Nationals Arising From the 1991 Gulf War
On June 21, 2011, the U.S. Department of State announced that long-standing claims by U.S. nationals against Saddam Hussein’s regime had been settled in accordance with the Claims Set- tlement Agreement between the U.S. Govern- ment and the Government of the Republic of Iraq. Under the terms of the Settlement Agreement, the Iraqi Government will pay a combined $400 million USD in compensation to U.S. nationals of the first Gulf War who were hostages, human shields, and prisoners of war, and U.S. service-
ILSA Quarterly » volume 20 » issue 1 » October 2011
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