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Egyptian law forbids death sentencing for Mubarak
Published in Bikya Masr on 15 - 01 - 2012

CAIRO: As former President Hosni Mubarak stands trial for ordering police to shoot unarmed protesters during the popular uprisings that ousted his regime in February of 2011, Egyptian prosecutors in the case have called for the execution of the deposed leader and 6 of his former Interior Ministry officials.
In Egypt, where structures of Mubarak's legacy of power remain strong, a death sentencing remains almost unimaginable as the prolonged case against the former leader continues.
Though buzz over Mubarak's potential sentencing continues, Egyptian law solidifies this impossibility, mandating that seniors over the age of 80 can only receive a maximum sentencing of 15 years in prison.
Likewise, Egyptian law allows the state's executive authority to repeal any death penalty sentencing within 14 days. With the boundaries of executive power blurred by Egypt's interim ruling Military Council, the Supreme Council of Armed Forces (SCAF) could also harness the power to overturn the court's pending decision.
Regardless, prosecutors have insisted upon a death sentencing for the former leader as they rested their case against him earlier this month.
“Retribution is the solution. Any fair judge must issue a death sentence for these defendants,” said Mostafa Khater, one of five prosecutors in the case.
“We feel the spirits of the martyrs flying over this hall of sacred justice, and those who lost their sight due to the bullets of the defendants are stumbling around it to reach the judge and demand fair retribution from those who attacked them. The nation and the people are awaiting a word of justice and righteousness.”
The possibility of “death by hanging,” has not settled well with various international advocacy groups and figures. Russian, French and German government officials as well as UN Chief Ban Ki-Moon are among the many who have come forward to condemn the potential move.
Though popular media images of the now-84-year-old Mubarak bleakly laying on a stretcher during his court sessions may have stuck a cord of sympathy among some, others fear that anything less than the death penalty could spark massive outrage ahead of January 25, when activists hope to galvanize thousands for anti-military protests.
“I don't know what would happen if he is not found guilty and sentenced to death,” said Mona Omar, a young 22-year-old law student who has been assisting families in delivering testimony to legal counsel.
She told Bikyamasr.com that “if Mubarak is not put to death, I think the country will revolt and the military knows this so it will be interesting to watch. There is a lot of anger on the ground. I feel it.”
In Egypt, death sentences can be handed down both by special courts and by criminal courts. In the majority of cases, these sentencings are followed through with executions. Most who are sentenced to death are executed by hanging, but in some cases, criminals accused of terrorism charges are executed by firing squad.
Egypt's controversial State of Emergency Law, instated since the assassination of former President Anwar Sadat in 1981, provides authorities with a vague formula for judicial process and rule of law in the country.
Amid this murkiness, there are no official statistics on death sentences and executions in Egypt.
However, as civilians continue to be tried in extrajudicial military courts, Egyptians seek closure in Mubarak's case.
“In the past year, over 12,000 citizens have been tried and sentenced just for speaking out. Meanwhile, Mubarak's case has stood still. If there were true justice, Mubarak would already be in jail at least,” Moe Khalil, an Egyptian student of pharmacy told Bikyamasr.com.
BM

***Joseph Mayton contributed to this report.
ShortURL: http://goo.gl/KZY2O
Tags: Death Penalty, featured, Mubarak Trial
Section: Egypt, Latest News


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