Egyptians are calling it the trial of the century – the proceedings against former president Hosni Mubarak on charges of corruption and ordering the killing of 850 pro-democracy demonstrators. But will the ailing Egyptian strongman get a fair trial in his own country?

By Myrtille van Bommel and Klaas den Tek

The first day of hearings at the police academy in Cairo was bizarre. Due to his extremely poor health, Mr Mubarak was wheeled into the courtroom on a hospital bed. The image of a former dictator being tried by judges that he appointed reminds one of the trial of Saddam Hussein. In 2006, an Iraqi court sentenced the former dictator to death. Human rights organisations, including Amnesty International and Human Rights Watch (HRW), concluded that Hussein did not get a fair trial.

Fair trial
Emad El-Sharkawi, a Dutch-Egyptian lawyer, is in Cairo following the trial. He says he has absolute faith in the Egyptian justice system and that it is comparable with that of the Netherlands. But while Mr El-Sharkawi firmly believes in the independence of the judge trying the Mubaraks, he does not believe that the former president or his sons will receive a fair trial.

Mr El-Sharkawi: “This isn't a trial of an ordinary man; Mubarak is a remarkable figure in recent Egyptian history. The judge is being pressured from all sides, including of course the media and politicians. I can well imagine that if the judge shows any leniency or favour towards the Mubarak lawyers, he will be accused of being one of Mubarak's men in the judicial system. And that cannot be allowed to happen."

Test case
Another fear, shared by Mr El-Sharkawi and the Mubarak legal team, is that both sides will try to exploit the legal system. On the very first day it became clear that both intend to call dozens upon dozens of witnesses. According to Mr El-Sharkawi, this will unnecessarily lengthen the trial. It could also increase the chance of contradictory evidence and testimonies – and that could prove advantageous for the Mubaraks.

Geert Jan Knoops, Dutch lawyer and professor of international law, says it is far too soon to say whether the Mubarak trial will be fair or not. He also believes the judges are taking sufficient note of Hosni Mubarak's poor health.

Professor Knoops believes the trial of the former Egyptian president is an important test case as judicial proceedings are pending elsewhere against many current and former, government leaders. A case in point is Italian Prime Minister Silvio Berlusconi.

Truth commission
According to the professor, it would be almost impossible to try Mr Mubarak in another country, as he has been accused of crimes under Egyptian law. There is no international tribunal or other country with jurisdiction to hear the case.

However, Professor Knoops believes there is another option: “One could consider setting up a truth and reconciliation commission, similar to the one in South Africa. The commission could investigate the facts and people such as the Mubaraks could apologise for their crimes. However, this is a choice that only the Egyptian people can make."

Rage
Mr El-Sharkawi believes a truth and reconciliation commission is impossible in Egypt because it would never be accepted by Egyptians. He says, “The regulations in the trial against Mubarak are determined by Egyptian law; any deviation would be considered corruption or an attempt to help him escape conviction and punishment.”

He says the hatred and rage among the Egyptian people is so enormous that only a trial and conviction will cool emotions. He adds, “It is entirely possible that Mubarak will be acquitted; however, the people on the streets of Egypt will simply never understand that.”

(jc/tf)